Do I Need a Living Will in My Estate Plan?

Addressing issues related to your estate is an essential and responsible step you can take to ensure that your wishes will be honored after you pass away. However, your estate plan can also address your health care wishes prior to your death. When making decisions about incapacity planning, you may use several different types of legal documents, including a living will. By understanding what exactly a living will does, you can make sure you follow the proper procedures to address end-of-life care.

What Is a Living Will?

A living will is a legal document that details instructions for the medical treatment and care you will receive if you become terminally ill and are unable to express your wishes. A living will only addresses situations where you have been diagnosed with a terminal condition, which may include any injury or illness that will result in your imminent death and cannot be cured or reversed. In the event that you have a terminal condition and are unable to express your desires, your living will can provide instructions for what types of treatment you do or do not want to receive. For example, you may decide that you want to be kept alive as long as possible, or you may choose to forego any treatments that would prolong your life and only receive the necessary care to alleviate your pain and maintain comfort before you pass away.

Difference Between a Living Will and a Last Will and Testament

There can sometimes be confusion about whether a living will is similar to a last will and testament, which is often simply referred to as a will. These two types of documents are substantially different. A last will and testament details how matters will be handled after your death, including how you wish your assets to be distributed to your heirs and who you would like to serve as a guardian of your minor children. A living will addresses matters that occur before your death, and it will be limited to decisions about your health care and personal comfort.

The Importance of a Living Will in Your Estate Plan

A living will can be a key part of your estate plan, because it allows you to control decisions about end-of-life treatments. If you fall seriously ill but are incapacitated to the point where you cannot communicate your desires, you can ensure that a pre-determined course of treatment will be followed. This can help you maintain your autonomy, and it can also ensure that your loved ones will not be put in the difficult position of trying to determine what you would have wanted.

In addition to a living will, you may want to consider creating a power of attorney. Since a living will only addresses situations where you are terminally ill, you may also want to make plans for situations where you become incapacitated with a condition that is not life-threatening. With a power of attorney for healthcare, you can name a person who will be allowed to make decisions about your medical treatment, and you can provide instructions for what types of care you want to receive.

Contact a Naperville Estate Planning Attorney

If you are considering creating a living will as part of your estate plan, or if you have any questions about your options for addressing issues related to medical treatment and health care, an experienced attorney can provide invaluable guidance. At the Gierach Law Firm, our DuPage County estate planning lawyer can help you understand how you can use advance directives to address your medical and personal needs. We will work with you to ensure that you can make sound decisions regarding estate planning concerns. Contact us at 630-756-1160 today to arrange a consultation and learn how we can help you create a comprehensive estate plan.

Sources: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2110

https://dph.illinois.gov/topics-services/health-care-regulation/nursing-homes/advance-directives.html