When most people think about estate planning, they tend to think first about their assets and other financial matters that can be addressed via wills, trusts and beneficiary negotiations – but it’s important to think about your health care wishes and advance directives, too.
Advance directives allow you to make your wishes known ahead of time so both your loved ones and doctors understand what you want if you’re ever in a situation where you’re unable to speak for yourself.
In Illinois, several types of advance directives can be used to help you stay in control of your medical care. Each serves a slightly different purpose. Many people choose to use more than one of these options to make sure they are fully protected against the uncertainties of the future.
A health care power of attorney
The most commonly used type of advance directive in Illinois is the health care power of attorney (POA), and many people have at least a passing familiarity with its purpose.
This type of POA allows you to name someone you trust – a family member, partner, friend or another individual that you trust – to make medical decisions on your behalf if you’re unable to make them yourself due to incapacity. Many people associate medical POAs with people of advanced age who develop dementia, but younger people can be left in that kind of difficulty after a sudden illness or accident.
Your chosen POA can communicate with doctors, review medical options and authorize treatments according to the preferences you have expressed to them. Because it covers such a wide range of situations, most Illinois residents include a Health Care Power of Attorney as part of their overall estate plan.
A living will
A living will is more limited in scope but focuses on one of the most difficult things everyone must face: their end-of-life decisions. Under the Illinois Living Will Act, this document lets you declare whether you want “death-delaying procedures,” such as artificial ventilation or other life-sustaining treatments, if you have a terminal condition and can no longer communicate your wishes in the moment.
Unlike a power of attorney, a living will doesn’t appoint someone to act for you. Instead, it simply expresses your choices in writing. Many people use a living will and a medical POA together, since the living will addresses many potential possibilities directly and allows you to clearly state your preferences, but the health care power of attorney makes sure that someone you trust is there to handle any medical situation that can’t be easily anticipated.
Mental health treatment preference declaration
Illinois also recognizes a unique type of directive focused specifically on mental health care. The Mental Health Treatment Preference Declaration allows you to express your wishes about things like psychiatric medications, electroconvulsive therapy and even short-term admissions to a mental health facility.
You can also name an agent to make mental health treatment decisions for you if you become unable to give informed consent. This form can be especially valuable for individuals managing chronic mental health conditions, since it helps ensure their preferences are respected even in a time of crisis.
DNR and POLST Forms
Finally, Illinois residents can use a Do-Not-Resuscitate (DNR) or Practitioner Orders for Life-Sustaining Treatment (POLST) form. These aren’t personal directives you fill out on your own; they’re medical orders completed in consultation with a licensed health care professional.
A DNR and POLST both tell emergency responders and hospital staff whether to perform CPR or other life-sustaining interventions if your heart or breathing stops. These forms are typically used by individuals with a chronic or serious illness and those of advanced age, since they can help ensure that you get the medical care you want (and nothing more).
There’s no “one-size-fits-all” when it comes to estate planning, and the same is true when it comes to advance directives. Advance directives are key to maintaining your autonomy and dignity at the end of life or in any situation where you’re unable to speak for yourself. The key is to ensure your forms are properly executed, kept up to date and shared with both your loved ones and your doctors. Talking about these choices early can prevent confusion and stress later on, giving everyone peace of mind.
