Living wills are legal documents that allow individuals in Illinois to express their preferences for end-of-life medical care in the event they become incapacitated and unable to communicate their wishes. As a crucial component of advance directives, living wills ensure that an individual's healthcare preferences are honored and that their loved ones are not burdened with making difficult decisions on their behalf. Creating a living will requires meeting specific legal requirements and working with an experienced estate planning attorney.
Expanded Definition and Requirements
A living will is a written document that specifies an individual's preferences for medical treatment in the event they become terminally ill or permanently unconscious and unable to communicate their wishes. The document typically addresses issues such as the use of life-sustaining treatments, pain management, organ and tissue donation, and religious or spiritual preferences related to medical care.
In Illinois, a living will becomes effective when:
1. The individual is certified by a physician to have a terminal condition or be permanently unconscious.
2. The individual is unable to make or communicate healthcare decisions.
3. The living will has been properly executed and witnessed.
To create a valid living will in Illinois, the following requirements must be met:
1. The individual must be at least 18 years old and of sound mind.
2. The living will must be in writing and signed by the individual or by someone else at the individual's direction and in their presence.
3. The living will must be witnessed by two adults who are not related to the individual by blood, marriage, or adoption, and who will not financially benefit from the individual's death.
To properly handle a living will, individuals should:
1. Discuss their healthcare preferences with family, friends, and healthcare providers.
2. Provide copies of the living will to healthcare providers, agent(s) named in their healthcare power of attorney, and loved ones.
3. Periodically review and update the living will to ensure that it accurately reflects their current preferences.
4. Consider creating a living will in conjunction with a healthcare power of attorney for comprehensive advance directive coverage.
Legal Process for Creating Living Wills
A lawyer assisting a client in creating a living will in Illinois typically follows these steps:
1. Client consultation: The lawyer meets with the client to discuss their healthcare preferences, values, and the purpose of a living will.
2. Information gathering: The lawyer collects relevant information, such as the client's medical history, family dynamics, and religious or spiritual beliefs.
3. Document drafting: The lawyer drafts the living will according to the client's wishes and ensures that it meets all legal requirements under Illinois law.
4. Review and revisions: The lawyer reviews the draft living will with the client and makes any necessary revisions.
5. Execution: The client signs the final living will in the presence of two qualified witnesses.
6. Distribution: The lawyer provides the client with the original living will and assists in distributing copies to healthcare providers, agents named in the healthcare power of attorney, and loved ones.
7. Updating: The lawyer advises the client to review and update the living will periodically, especially if there are changes in their health, preferences, or relationships.
Throughout the process, the lawyer ensures that the living will accurately reflects the client's healthcare preferences and complies with Illinois law. By working with an experienced estate planning attorney, individuals can create valid living wills that provide guidance to their healthcare providers and loved ones, ensuring that their end-of-life wishes are honored and their dignity is preserved.
