A retired school custodian and World War II veteran struggled with medical problems, such as diabetes and high blood pressure. According to Forbes magazine, the 88-year-old made his daughter his health care power of attorney. Prior to a surgery to amputate her father’s legs, the young woman told hospital staff that her father wanted to live, and every effort should be made to resuscitate him should something occur.
Unfortunately, her father passed away shortly after the procedure. However, because he had done the right estate planning, his daughter knew his end-of-life wishes. People in Illinois who want to ensure their expectations are met should explore putting together a living will.
What a living will does
A living will is key to establishing people’s concerns for how they are treated under serious medical conditions. It goes into effect when a physician certifies the following:
- That the patient is in a condition specified in the state’s living will laws
- That the patient is unable to make a medical decision
- That the patient is unable to communicate regarding a medical decision
At that point, physicians will follow the wishes outlined in the living will, which dictates which medical treatments the patient wants or does not want. However, it is important to note that emergency medical technicians cannot honor a living will, as they must do whatever is necessary to transport a person to a hospital or care facility. Once a patient is under the care of a physician, any advance health care directives may then be taken into account.
Putting a plan in place
The University of Michigan and the Veterans Affairs Ann Arbor Health Care System released a report earlier this year stating that 72 percent of elderly have put living wills in place. Researchers noted that the evidence points to the fact that more people feel comfortable having conversations about death and end-of-life scenarios.
In order to make a living will, people must be 18 years old and of sound mind. Typically, this document is combined with a form that outlines who a patient’s health care power of attorney is. That person is responsible for seeing that a living will is followed and making any other medical decisions that may arise. People putting together end-of-life documents may also want to consider filling out forms for organ donation.
It is a good idea to have an attorney review the end-of-life documents to be sure that everything has been filled out correctly and there are no gaps. Illinois has state-specific information that is required, and people should keep in mind that some states will not honor living wills formed in other states.
Should you have any questions about a living will or would like to schedule a free initial consultation, please contact Waltz, Palmer & Dawson, LLC at (847)253-8800 or contact us online.
Waltz, Palmer & Dawson, LLC is a full-service law firm with various areas of service to assist your business, including: Employment Law, Intellectual Property, Commercial Real Estate, Litigation and general Business Law services. Individual services include Estate Planning, Wills and Trusts, Probate, Guardianship, Divorce and Family Law, Collaborative Divorce & Mediation.
This article constitutes attorney advertising. The material is for informational purposes only and does not constitute legal advice.