Three Crucial Components of Living Wills

 Posted on July 29, 2024 in Estate Planning

A living will is a common estate planning document that discusses a person’s preferences for medical treatment in situations where the person can no longer communicate his or her decisions. Establishing a living will ensures your healthcare wishes are respected, providing peace of mind for you and your loved ones. Contact an Illinois estate planning lawyer to learn more or to incorporate a living will into your own estate plan.

Designation of Treatment Preferences

Defining Your Medical Wishes

One of the most important aspects of a living will is the designation of treatment preferences. This section outlines the types of medical treatments and life-sustaining measures you prefer or wish to avoid should you become incapacitated. Common considerations include:

• Resuscitation – Do you want to be resuscitated (given CPR) if your heart stops beating?

• Mechanical ventilation – Are you comfortable with the idea of being placed on a mechanical ventilator if you cannot breathe on your own?

• Tube feeding – Would you opt for artificial nutrition and hydration through tube feeding if you are unable to eat or drink?

• Palliative care – What kinds of pain relief and comfort measures do you wish to receive?

By specifying your preferences in these key areas, you ensure clarity and prevent potential conflicts among family members and healthcare providers.

Application Criteria

The application criteria of a living will specify the circumstances under which your directives will be applied. Generally, living wills become operative under two primary conditions:

• Incapacity – When you are unable to communicate your medical decisions due to a physical or mental condition, such as unconsciousness or severe cognitive impairment

• Terminal or irreversible condition – When you are diagnosed with a terminal illness or an irreversible condition that leaves you permanently unconscious or in a persistent vegetative state

It is essential to define these criteria clearly in your living will to ensure everything is clear regarding when your medical treatment preferences should be honored.

Healthcare Agent

Appointing a healthcare agent, also known as a healthcare proxy, is another critical component of a living will. This person is authorized to make medical decisions on your behalf if you are unable to do so. When selecting a healthcare agent, consider the following:

• Trustworthiness and reliability – Choose someone you trust to act in your best interests and honor your treatment preferences.

• Capability and availability – Select someone who is capable of handling stressful situations and is accessible to healthcare providers when needed.

• Communication skills – Ensure your agent can effectively communicate with medical professionals and your family to convey and advocate for your wishes.

By designating a trusted healthcare agent, you can be assured that your healthcare preferences will be respected and followed.

Contact a Schaumburg, IL Living Wills Attorney

Drafting a comprehensive living requires careful consideration and astute legal guidance. To get started on creating a living will or for any other matters related to your estate, contact the Cook County, IL living wills lawyers with Anderson Attorneys, P.C. Call 847-850-8899 for a free consultation.