No matter how much you own or the size of your estate, you have the right to control your life and what will happen to your assets when you are gone. Two of the most common instruments for establishing such control are wills and living wills. At the Davi Law Group, we work hard to provide clients with the sound legal advice necessary for effective estate planning, and then draft the appropriate documents to implement their wishes for both during life and after death.
While their names may make them seem similar, a will and a living will are very different. A will is a document which outlines instructions regarding the handling of your estate upon your death. While you are alive, your will remains inactive. A living will, however, is an instrument designed to convey your wishes while you are still, as the name implies, living. Unlike a will, a living will does not pertain to property and assets; instead it provides your intended directions regarding medical care and end-of-life decisions if you are diagnosed with a terminal condition. Living wills may address:
A living will, on its own, may convey many of your desires related to care in terminal situations, but are best used in conjunction with a power of attorney for health care. Our attorneys can help you develop a comprehensive plan for your future care and can structure the terms to ensure your rights are fully protected.
The Illinois Living Will Act, 755 ILCS 35/1-10, grants individuals the right to make advance decisions regarding the use or withholding of “death delaying procedures” in the event of a terminal condition. To legally express those decisions, they must be formally recorded in writing, signed, and witnessed. You retain the right to alter or revoke your living will declaration at any time. The attorneys at the Davi Law Group will take the time to explore various options with you and assist you in creating a living will that:
Death delaying procedures are those that slow death imminent due to a terminal condition. Examples include ventilators, feeding tubes, dialysis, and certain medications. Your living will can be customized to accept or reject individual procedures, while charging your attending physician with keeping you fed, hydrated, and comfortable.
With so many details to consider, it is important to have the guidance of an experienced legal team. Contact the Davi Law Group today to schedule your no-cost introductory consultation at one of our four convenient locations. We will review your situation, provide an honest assessment, and explain our approach, a value of approximately $325.00. Our firm is proud to serve clients throughout Will County and the surrounding areas.