5 Facts About Living Wills You Probably Didn’t Know

When people think about estate planning, they often focus on what will happen to their assets after they die. But a comprehensive estate plan can also help you make important decisions about your medical care while you are alive. A living will declaration is one type of advance directive recognized in Illinois. However, many people misunderstand what living wills do and how they are different from other important health care documents.

Living Wills Are Not Traditional Wills

Despite its name, a living will has nothing to do with distributing your property after death. The purpose of a living will is to put in writing your wishes about certain life-sustaining medical interventions if you have a terminal condition and are unable to communicate what you want. In other words, a living will is about your medical care while you are alive, while a traditional will concerns the distribution of your estate after you die.

Living Wills Often Work Together with Health Care Powers of Attorney

A living will uses specific language to communicate end-of-life care, and is most often used in conjunction with a health care power of attorney in order to fully clarify any medical intervention that may be needed on your behalf. The health care power of attorney designates a trusted agent to make medical decisions for you in the event that you are incapacitated or are unable to make the decisions for yourself. These directives work together as part of a larger estate plan to provide broad protection for carrying out your wishes.

Living Wills are Not Just for the Elderly

An accident or serious illness can happen at any time and can leave a person unable to communicate or make medical decisions at any age. If there are no advance directives in place, family members may have to make difficult medical decisions without knowing what their loved one wanted. Planning ahead allows you to communicate your wishes and specify who you want to be involved in making health care decisions.

Illinois Has Specific Requirements for Living Wills

Living wills are legal documents and must meet applicable Illinois requirements. For example, an Illinois living will declaration must generally be witnessed by two people. These witnesses must be at least 18 years old, not related by blood, marriage or adoption, and may not in any way be involved in your health care. Illinois law also establishes when a living will becomes effective and how it interacts with a designated health care agent. These details are important when deciding which documents you need and how they will work together.

Experienced Legal Guidance Matters

Illinois does provide standard forms for advance directives such as living wills, but choosing and completing them correctly is not always straightforward. The experienced Illinois estate planning attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd. can explain the differences between a Living Will Declaration, Power of Attorney for Health Care and other advance directives. Additionally, we can help ensure your documents are properly executed and coordinated with your overall estate plan. Most importantly, we can help you think through situations that a standard form may not adequately address. Reach out to us at 847-223-1500 to learn more or to schedule a consultation.