by Heather Voorn, Attorney at Law
Over the past years, living wills have gained more attention due to cases in the media addressing the difficulties encountered when facing end of life decisions. Unfortunately, many individuals have misperceptions about living wills and when the documents apply.
Living wills are considered advanced directives which allow an individual to explain his or her preferences on medical treatment options under certain circumstances if the individual is unable to express those wishes in the future.
Living wills are very different from last wills and testaments. The latter is an estate planning document which sets forth individuals or organizations to whom you wish to leave your property upon passing.
Many people do not realize that living wills are very limited in scope. For example, living wills in Illinois are only applicable where the individual is suffering from a “terminal condition” as determined by the individual’s attending physician. The problem is there are many other medical illnesses which preclude an individual from communicating his or her wishes that may not be deemed a terminal condition, i.e. strokes, severe dementia/Alzheimer’s. In these situations, someone must act for the incapacitated individual.
To ensure someone is able to act on a person’s behalf in the above situations, I recommend individuals appoint a Health Care Power of Attorney agent. A Power of Attorney for Health Care is also an advanced directive but is more flexible because it can apply in any situation where you are unable to make medical decisions, for example when you are temporarily incapacitated or seriously ill rather than solely when you have a terminal condition.
An estate planning attorney can ensure your wishes are properly expressed in a complete estate plan. For a consultation on estate planning, please contact our office at (708) 675-7144.