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HEALTHCARE DIRECTIVES
& LIVING WILLS

WHAT IS A HEALTHCARE DIRECTIVE?

A healthcare directive, also known as an advance directive, is a legal document that outlines an individual’s preferences for medical treatment in case they become incapacitated and unable to communicate their wishes. This directive also allows the individual to appoint a healthcare agent or proxy to make healthcare decisions on their behalf.

Healthcare directives ensure that medical care aligns with the individual's values and preferences, providing clear guidance to healthcare providers and loved ones during critical moments.

WHAT IS A LIVING WILL?

A living will is a specific type of advance directive that allows an individual to outline their preferences for medical treatment in situations where they are terminally ill or permanently unconscious and unable to communicate their wishes. It provides clear instructions to healthcare providers and loved ones about the types of life-sustaining treatments the individual does or does not want.

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A living will is an essential document for ensuring that end-of-life care respects the individual's values and desires, reducing the burden on family members and preventing unnecessary or unwanted medical interventions.

BENEFITS OF A HEALTHCARE DIRECTIVE & LIVING WILL

Clarity and Control

  • Clarity: Offers explicit instructions on medical and end-of-life care preferences, reducing uncertainty for healthcare providers and family members.

  • Control: Ensures that an individual’s healthcare decisions are respected even when they are unable to communicate.

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Peace of Mind

  • For the Individual: Provides peace of mind knowing that healthcare and end-of-life care will align with personal values and preferences.

  • For Loved Ones: Reduces the emotional burden on family members by providing clear guidance on difficult medical decisions.

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Reduces Family Conflict

  • Avoids Disputes: Helps prevent conflicts among family members about the appropriate medical treatments to administer.

  • Ensures Harmony: Facilitates a more harmonious approach to medical and end-of-life care during stressful times.

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Prevents Unwanted Treatments

  • Respects Wishes: Prevents unwanted or unnecessary medical interventions that may go against the individual’s values and desires.

  • Quality of Life: Focuses on treatments that align with the individual’s definition of quality of life.

LEGAL REQUIREMENTS

Legal Capacity

  • Age and Mental Capacity: The individual must be at least 18 years old and of sound mind to create a living will.

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Written Document

  • Documentation: The living will must be in writing, detailing the individual’s preferences for life-sustaining treatments in situations of terminal illness or permanent unconsciousness.

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Signature and Witnesses

  • Signatures: The document must be signed by the individual creating the living will.

  • Witnesses: It must be witnessed by at least two adult witnesses who are not related to the individual and who do not have a financial interest in the individual’s estate or healthcare.

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Notarization

  • Optional: Notarization is not required in Illinois, but it can add an extra layer of validation and may prevent future legal challenges.

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