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It is easy to take your good health for granted. However, in the event that you suddenly become incapacitated due to an injury or illness, it is important that the people around you know your preferences for your comfort. A Joliet estate planning lawyer can help you create a legal document that clearly states how you wish to be medically treated toward the end of your life.
At the Davi Law Group, we work to help clients create legal documents that support their desires in life and death. We can work with you to draft a living will that outlines your wishes.
A living will is quite different from a last will and testament. Living wills guide decisions while you are alive, while wills provide instructions for how your estate will be handled after you die. Living wills outline your desires in the event of a major injury, terminal illness or other incapacitating condition. They define requests such as:
Without a living will in place, your loved ones may have to interpret your wishes on their own, possibly leading to disputes. Worse, they may end up making a decision that goes against what you want.
While a living will can carry out your medical desires in terminal situations, it should be used in conjunction with a power of attorney for health care, which gives another person the power to make medical decisions for you if you become incapacitated. Our attorneys can best advise you on how to structure the legal paperwork to ensure that your rights are protected.
Under the Illinois Living Will Act (755 ILCS 35/1-10), you have the right to control the decision "to have death delaying procedures withheld or withdrawn in instances of a terminal condition." Your decisions must be formally written, signed and witnessed to be legally recognized and you have the right to cancel or change your living will at any time. When you work with our firm, we will take the time to discuss various scenarios and help you create a living will which:
A death delaying procedure is one that slows the event of death. Some examples include using assisted breathing devices, feeding tubes and certain medications. While you may accept or reject specific procedures, your attending physician is charged with ensuring that you are properly fed and hydrated and that you are comfortable.
There are specific steps you must take in order to draft a living will. Namely, the document must be signed in front of two adult witnesses, and these witnesses cannot benefit from your estate in any way when your pass.
It may be prudent to make copies of your living will so that your loved ones can easily access it. At the Davi Law Group, we can hold on to a copy of your living will in case you ever become incapacitated.
There are many details to consider when planning for your end-of-life care. Choose the Davi Law Group to help guide your decisions. Contact our Naperville living will attorneys to start discussing your case today. We offer free in-person consultations to get to know our attorneys. We also offer reasonably-priced consultations to discuss your specific living will needs. We serve clients in DuPage, Will, Kane, Kendall, and Cook Counties from our Wheaton, Naperville, Plainfield, Joliet, and Chicago, Illinois offices.