A living will tells your health care provider whether you want medical care or death-delaying medical procedures if you have a terminal condition. It is sometimes called an advance directive. 

If you decide to create a living will, you should do it as soon as you can. That way, your doctor and family know your wishes about end-of-life medical care in case you get a terminal condition.

Your living will is only used if you can't tell your doctor that you do not want medical care which will only make you live longer but won't heal you because you are terminally ill or injured. Terminally ill or injured means no medical care will keep you from dying. For example, you might be in a coma, and there is no medical care that will wake you up, or keep you from dying. In that case, your living will tells your doctors not to give you any medical care that only lets you live longer before you die.

Examples of medical care that might not heal you include:

• Chemotherapy, radiation, or surgery for cancer,
• Electroconvulsive therapy,
• Cardiac resuscitation,
• Blood transfusions,
• Artificial maintenance of metabolic rates,
• Respirators,
• Artificial kidney treatments,
• Amputation, and 
• Artificial maintenance of blood pressure.

Even if you sign a living will, your doctor can give you care that would keep you comfortable, such as pain medication. Also, your doctor can't withhold food and water if that would cause your death by itself.

Who can make a living will

You can make a living will for yourself if you:

• Are 18 years old or older, or an emancipated minor,
• Are of sound mind,
• Are an Illinois resident, and
• Sign the living will.

Two adults have to witness and sign the living will. A witness can't be directly financially responsible for your medical care and can't inherit property from you when you die. For example, your child can't be a witness if they will receive money or property from you if you die. Additionally, your doctor can't be a witness because they will give you medical care if you are sick.

Illinois will follow a living will that was correctly created in a different state. You might also want to consider getting the living will notarized. While Illinois does not require a living will to be notarized, some states require a document to be both witnessed and notarized to be valid. When a notary signs your living will, it proves to everyone else that you signed it. It is more likely that another state will follow your living will if you sign it in front of two witnesses and a notary. 

Effective January 1, 2024, electronic signatures are permitted in documents which create, exercise, release, or revoke a living will. A notary or witness must be "electronically present" to electronically sign. Electronic presence could be over a video service like Zoom.

When a doctor can use a living will

Your living will is only used if all 3 of the following are true:

• You have been diagnosed with a terminal condition,
• Your doctor confirms that you have a terminal condition in writing in your medical record, and
• You can't tell the doctor what you want and don't have an agent named in a power of attorney who is available to decide to delay your death.

Your living will is not used if any one of the following is true:

• You don't have a terminal condition,
• You can tell the doctor what you want,
• You have an agent named in a power of attorney who is available to make the decisions for you, or
• You are pregnant, and the doctor determines that your fetus could live.

If you are an organ donor and have a living will, your doctor can still give you care to protect your organs.

[no-lexicon] How is a living will different from a DNR order? [/no-lexicon]

A Do Not Resuscitate Order (DNR) and a living will are two different documents. A DNR is a medical treatment order that says cardiopulmonary resuscitation (CPR) will not be attempted if your heart and/or breathing stop. A living will is a legal document that provides an outline of end-of-life medical care that you either do or do not want.

Doctors normally give you CPR when you stop breathing or your heart stops. A DNR tells doctors not to restart your heart or breathing.

A living will applies to medical care that can only delay your death when you have a terminal condition. Your living will does not apply any other time.

[no-lexicon]Do I need a lawyer to make a living will?[/no-lexicon]

You do not need a lawyer to make a living will. But you should talk to a lawyer about options other than living wills. For example, a power of attorney for health care.