- What are your wishes if you are in a persistent vegetative state or have a terminal condition, and death is imminent?
- Do you feel strongly about resuscitation, insertion tubes or other life-sustaining procedures?
- How do you best ensure that your wishes are honored?
A Living Will is not a last will and testament. It is a written statement signed by you that directs your doctor to withhold or withdraw “death delaying procedures” if you have a “terminal condition.” The Illinois Living Will Act defines “terminal condition” as an incurable or irreversible condition where death is imminent, and the use of death-delaying procedures would only prolong the dying process.
- Living Will or Power of Attorney for Healthcare?
Even though a power of attorney for health care and a Living Will apply to some similar situations, the Living Will is very different. A Living Will applies only if you have a terminal condition and only to decisions by your doctor to stop or not begin medical treatment that delays the moment of your death. While a power of attorney for health care permits your agent to stop water and tube feeding, if that is your wish, the Living Will does not permit your doctor to stop water and tube feeding if their withdrawal would cause your death from dehydration or starvation.
A Living Will not only gives your doctor specific instructions, it also gives your loved ones the information they need to advocate for your wishes. This is all the more important if your loved ones’ authority to carry out your wishes is likely to be questioned, as it could be with same-sex partners or friends who have no legal relationship. Ask your attorney if your state has an official form that is used for a Living Will as this will reduce the potential for doubts or challenges. Here is the form for Illinois.
- Who Should Have a Copy of Your Living Will?
Give an original Living Will document (signed, witnessed, and notarized) to your doctor. Give copies to your closest loved ones and any other people upon whom you can rely to carry out your wishes, including your agent under your power of attorney for health care. I also recommend that clients keep a second original in their Life Planning Toolbox.