What is the Difference Between a Will and a Living Will?
If you have not yet worked with an estate planning attorney in Oak Park, Illinois, to create a will, formalize advance directives, and consider other tools of estate planning, learning that “wills” and “living wills” are two separate types of document can be extremely confusing. You might also assume that a “living will” is merely a type of traditional will that you make while you are living or that is different from other people’s wills in some capacity. Our Oak Park wills attorneys want to make sure you know that these are two entirely separate types of documents, and both of them serve important purposes. Regardless of your assets, your health, and other factors, you should talk with an attorney about creating both a will and a living will. Our lawyers can explain the difference between these documents to you in more detail, and we can help you to create both of them.
Wills and Living Wills: Are They Really Different Documents Entirely?
The answer to that question is yes. A will, in general, allows a person to make decisions about who will inherit their property after their death. A living will, quite differently, allows a person to make decisions about certain aspects of medical care they may or may not wish to receive in the event that they become incapacitated.
Understanding Wills Under Illinois Law
A will, sometimes known as a last will and testament, is a document through which a person most commonly names heirs to inherit their property. According to the Illinois Probate Act, a will “includes [an] electronic will, certified paper copy of an electronic will, testament, and codicil.” Illinois also uses the word “bequeath” to define the process of disposing of real and personal property to a person or entity through a will. The Illinois Probate Act governs most issues pertaining to wills.
Wills must meet certain requirements in order to be valid, including having two witnesses who sign the will in addition to being signed by the maker of the will. The maker also must meet certain requirements, including being at least 18 years old and of sound mind. The purpose of a will, in general, is to make decisions about who will inherit your property after you are gone and who will handle your estate once you have passed away (i.e., who you will name as the administrator of your estate.
Understanding Living Wills Under Illinois Law
A living will is an entirely different document. Under Illinois law, a person can fill out a living will in order to make clear that they do not want certain types of lifesaving treatment in the event that their death is imminent and they are incapacitated (and thus able to voice their wishes on their own). It is a type of document known as an “advance directive,” through which a person can clarify particular healthcare wishes in the event of incapacity.
A sample living will declaration provided by the Illinois Department of Health states:
“If at any time I should have an incurable and irreversible injury, disease, or illness judged to be a terminal condition by my attending physician who has personally examined me and has determined that my death is imminent except for death delaying procedures, I direct that such procedures which would only prolong the dying process be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication, sustenance, or the performance of any medical procedure deemed necessary by my attending physician to provide me with comfort care.
In the absence of my ability to give directions regarding the use of such death-delaying procedures, it is my intention that this declaration shall be honored by my family and physician as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal.”
Contact an Oak Park Estate Planning Attorney Today
If you have any questions about wills or living wills, or if you are ready to get started on the estate planning process in Illinois, our firm is here to help you. We assist clients with a wide range of estate planning documents and tools, from wills and trusts to asset protection measures and more. An Oak Park estate planning lawyer at our firm can talk with you today to learn about your individual circumstances and your goals in estate planning. Contact the Emerson Law Firm to learn more about the services we provide and how we can assist you with your estate planning needs.
See Related Blog Posts:
Common Myths About Estate Planning
Are Trusts Only for the Wealthy?
Wills and Living Wills: Are They Really Different Documents Entirely?
The answer to that question is yes. A will, in general, allows a person to make decisions about who will inherit their property after their death. A living will, quite differently, allows a person to make decisions about certain aspects of medical care they may or may not wish to receive in the event that they become incapacitated.
Understanding Wills Under Illinois Law
A will, sometimes known as a last will and testament, is a document through which a person most commonly names heirs to inherit their property. According to the Illinois Probate Act, a will “includes [an] electronic will, certified paper copy of an electronic will, testament, and codicil.” Illinois also uses the word “bequeath” to define the process of disposing of real and personal property to a person or entity through a will. The Illinois Probate Act governs most issues pertaining to wills.
Wills must meet certain requirements in order to be valid, including having two witnesses who sign the will in addition to being signed by the maker of the will. The maker also must meet certain requirements, including being at least 18 years old and of sound mind. The purpose of a will, in general, is to make decisions about who will inherit your property after you are gone and who will handle your estate once you have passed away (i.e., who you will name as the administrator of your estate.
Understanding Living Wills Under Illinois Law
A living will is an entirely different document. Under Illinois law, a person can fill out a living will in order to make clear that they do not want certain types of lifesaving treatment in the event that their death is imminent and they are incapacitated (and thus able to voice their wishes on their own). It is a type of document known as an “advance directive,” through which a person can clarify particular healthcare wishes in the event of incapacity.
A sample living will declaration provided by the Illinois Department of Health states:
“If at any time I should have an incurable and irreversible injury, disease, or illness judged to be a terminal condition by my attending physician who has personally examined me and has determined that my death is imminent except for death delaying procedures, I direct that such procedures which would only prolong the dying process be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication, sustenance, or the performance of any medical procedure deemed necessary by my attending physician to provide me with comfort care.
In the absence of my ability to give directions regarding the use of such death-delaying procedures, it is my intention that this declaration shall be honored by my family and physician as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal.”
Contact an Oak Park Estate Planning Attorney Today
If you have any questions about wills or living wills, or if you are ready to get started on the estate planning process in Illinois, our firm is here to help you. We assist clients with a wide range of estate planning documents and tools, from wills and trusts to asset protection measures and more. An Oak Park estate planning lawyer at our firm can talk with you today to learn about your individual circumstances and your goals in estate planning. Contact the Emerson Law Firm to learn more about the services we provide and how we can assist you with your estate planning needs.
See Related Blog Posts:
Common Myths About Estate Planning
Are Trusts Only for the Wealthy?
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