A living will applies only if you have a terminal condition
The case of the Florida woman, whose life-sustaining feeding tube was removed, has drawn attention to the importance of having advance directives. One way to have your wishes honored is to name an "agent" under a power of attorney for health care.
Another document you may want to sign is a living will. A living will, if properly witnessed, is a written statement that gives you the right to stop or not begin medical treatment that delays your death if you have a terminal condition. The law defines "terminal condition" as an incurable or irreversible condition where death is imminent, and the use of death-delaying procedures serves only to prolong the dying process. Your lawyer and doctor can further explain what this term means.
Even though a power of attorney for health care and a living will apply to some similar situations, a living will is very different. For example, you do not name an agent in a living will. Instead, you indicate your wishes about death-delaying procedures that your doctor can rely upon in certain specific situations. Also, your power of attorney for health care may permit your agent to make all health care decisions that you could otherwise make on your own. It does not matter whether you have a "terminal condition."
In comparison, a living will does not permit such a wide range of decisions. It 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, a living will does not permit your doctor to stop water and tube feeding if their withdrawal would be the only cause of your death.
You should consider signing both a power of attorney for health care and a living will. If the person whom you designated as your agent is unavailable, your doctor could rely on your living will to honor your wishes. Having a living will would also increase the chances that your wishes will be followed in the event that you have a medical emergency in a state other than Illinois.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
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If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.