Whether you are young or elderly, whether you have complex medical conditions or are in good health, whether you have strong family support or strained relationships, there is one common theme among all living will decisions: they require you to make important choices about your future medical care during uncertain times. Under these circumstances, it can be easy to delay creating a living will, to use generic forms that don't reflect your true wishes, or to overlook critical details that could leave your loved ones struggling with difficult decisions. An estate planning lawyer in IL will ensure that your living will is properly drafted, legally valid, and clearly expresses your healthcare preferences so your wishes are honored when it matters most.
At Katherine L. Maloney & Associates, LLC, our estate planning attorneys in Plainfield help clients understand what's at stake in advance healthcare planning. Some of the most common questions asked are answered here for you. We know that informed clients make better decisions for themselves and their families. If you want specific answers that relate to your unique situation, contact us online or at 815-556-2057 to schedule a Free Consultation.
1. What is a living will in Illinois?
A living will is a legal document that allows you to specify your wishes regarding life-sustaining medical treatment if you become terminally ill or permanently unconscious and cannot communicate. It guides healthcare providers and family members in making end-of-life medical decisions on your behalf.
2. Is a living will the same as a regular will?
No, a living will deals with medical treatment decisions at the end of life, while a regular will distributes your property after death. They serve completely different purposes and are both important parts of estate planning.
3. Do I need a living will if I'm young and healthy?
Yes, unexpected accidents or illnesses can happen at any age, leaving you unable to communicate your wishes. Having a living will ensures your preferences are known regardless of when a medical crisis occurs.
4. What are the requirements for a valid living will in Illinois?
You must be at least 18 years old and of sound mind, and the document must be signed by you in the presence of two witnesses who are not related to you by blood or marriage. The witnesses cannot be beneficiaries of your estate or your healthcare providers.
5. Who cannot serve as a witness to my living will?
Witnesses cannot be related to you by blood or marriage, named in your will, directly responsible for your medical costs, or your attending physician.
6. What medical treatments can I address in a living will?
You can address life-sustaining treatments such as mechanical ventilation, artificial nutrition and hydration, cardiopulmonary resuscitation, dialysis, and antibiotics. The document allows you to accept or refuse specific treatments in terminal or persistent vegetative states.
7. Can I refuse all life-sustaining treatment?
Yes, Illinois law allows you to refuse all life-sustaining treatment, including artificial nutrition and hydration, if you are in a qualifying medical condition. Your wishes will be honored by healthcare providers as long as the living will is valid.
8. Can I request that everything possible be done to keep me alive?
Yes, you can indicate in your living will that you want all available life-sustaining treatments to be provided. This is equally valid as choosing to refuse treatment.
9. Does a living will cover pain management?
Yes, you can specify that you want pain medication and comfort care even if such treatment might hasten death.
10. Do I need a lawyer to create a living will?
No, you can create a valid living will without an attorney by using the statutory form and following witnessing requirements. However, consulting an attorney ensures your document is properly executed and reflects your specific wishes.
