Feeding tubes? CPR? Before you are on your deathbed, you are likely to have strong preferences about how your end-of-life care should be handled. In the event you become incapacitated and no longer have the capability to express wishes for your medical care, a living will becomes vital.
A living will is a legal document that clearly spells out how your physician should conduct your end-of-life medical care. Also known as an advance directive or directive to physicians, a living will is invaluable in giving the incapacitated individual control over his or her final days of healthcare.
The Importance of Having a Living Will
Without a living will, doctors and family members of the person in a terminal condition have no way of knowing his or her preferences surrounding end-of-life medical care. Given the short-lived but powerful directives of the living will, developing a living will while you are in good health is critical.
Each state in the US has differing laws surrounding the terms of a living will. In Illinois, the definition of a living will is provided in the Illinois Living Will Act. The Act stipulates that the living will may indicate whether or not the incapacitated person wishes to have his or her death delayed by medical procedures.
Any individual over the age of 18 and who takes up residence in Illinois may execute a living will. When a living will is signed into effect in another state, Illinois law recognizes the living will.
5 Steps to Create a Living Will
1. Discuss Your Wishes with Your Physician
The first step in creating a living will is to discuss with your physician whether or not he or she will comply with your medical instructions in the event you become incapacitated.
2. Record Your Decisions
Write down your decisions regarding whether or not to receive death-delaying medical procedures. A lawyer may be hired to prepare the living will. Alternately, you may elect to utilize living will software that complies with Illinois’ laws.
Aside from being cost-effective, using a software to create a legally binding living will allows you to update it at any time. Ensure the living will is official. Medical professionals and hospitals are more likely to enforce an official living will rather than an unofficial document.
3. Have Witnesses Sign the Will
Witnesses give legal credibility to the living will. You will first need to sign the living will in front of two witnesses who are at least 18 years of age. Once you provide your signature, the two witnesses must sign the living will. Carefully choose your witnesses. Anyone responsible for your healthcare is not permitted to sign as a witness. In addition, any person who stands to inherit property is not a credible witness in the eyes of the law and cannot legally serve as a witness.
Once signed, the living will takes effect. Alternately, you may elect to have the living will enforced when you are deemed unable to relay decisions about death-delaying treatment. For as long as possible, physicians will rely on your ability to communicate, as opposed to the living will, even if the living will takes effect immediately.
4. Distributed the Signed or Notarized Living Will
Distribute the signed or notarized living will to your medical team, estate planning lawyer, and/or family. Healthcare professionals and institutions you may wish to send the living will to include your doctor and the hospital or healthcare facility.
The hospital will store the living will in your medical file. Your lawyer should also receive a copy. Family members should be notified, as well any other trusted individuals who will carry out your last medical requests. Noting who receives a copy of your living will is important in the event you decide to update or cancel the document.
5. Assign an Agent or Healthcare Professional to the Will
Assign an agent or healthcare proxy to carry out your end-of-life medical requests. This individual works in conjunction with a durable power of attorney (DPOA). Living wills can be combined with a DPOA document in a few states.
Your agent can be someone you trust, like a spouse, family member or close friend. An ideal choice is someone who will not give way under pressure if arguments arise about your care. Under Illinois law, your agent cannot be your attending physician or healthcare provider. When you are no longer able to communicate decisions about your end-of-life care, your agent steps in, putting in motion the wishes outlined in your living will.
How to Cancel a Living Will
Canceling your living will is relatively simple. Write out a note that specifies the cancelation. This signed document must then be sent to anyone who received a copy of the original living will. You may also verbally cancel an existing living will by telling a witness aged 18 or over about your wish to cancel it.
Subsequently, the witness should provide a written document confirming the cancelation. Most importantly, your doctor should receive notice about the cancelation. The physician will add the cancelation note into your medical file, and attending medical professionals will accordingly disregard the canceled living will.
When to Create a Living Will
The best time to create a living will is now. When you are able to communicate your decisions about end-of-life care, take steps to write it down with the help of Oak Lawn’s most respected will and trust attorneys, Berry K. Tucker & Associates, Ltd. No matter how overwhelming the thought of creating a living will can be, the established attorneys at Berry K. Tucker & Associates, Ltd. will simplify the process.
Skilled lawyers from the Berry K. Tucker & Associates, Ltd. team stay updated on the changing laws in Illinois. With unmatched expertise, the attorneys take the time to fully understand your unique situation and help develop the most optimal legal documents to carry out your stated wishes. The legal team at Berry K. Tucker & Associates, Ltd. sees to it that your living will is created in accordance with Illinois law. Appropriate legal documentation is necessary for proper execution.
Contact Us
Residents of the Oak Lawn, Illinois, and surrounding communities know they can rely on the knowledgeable will and trust attorneys at Berry K. Tucker & Associates, Ltd. To schedule an initial consultation with one of our attorneys, contact us directly at (708) 425-9530 or fill out a form and we will get back to you shortly!
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