In Charleston, Illinois a living will, also known as a "healthcare directive" is a document which lays out instructions for your family and your doctor concerning healthcare matters should you become so ill that you are unable to make or express such decisions.
A living will can be indispensable to avoiding disputes between family members who otherwise might not be aware of your preferences on this subject. Most people, of course, want to honor the wishes of a loved one. However, if they don't know what that person would have wanted, disagreements can occur.
For instance, some people would not want to be kept on life support if they are terminally ill, and have no reasonable chance at recovery. Others might want to be kept alive as long as medically allowed. If your family doesn't know what you would prefer, they might have to guess. Obviously, this can lead to serious disagreements, considering how emotional and final this decision is- there is no way to compromise between the two positions (a person can be kept on life support, or taken off of it; there isn't really any middle ground.).
If a person's preferences aren't known by his or her family, they might have to make an educated guess. Of course, with limited information, it's totally possible for 2 family members to come to two totally different conclusions, with no way of knowing which one is correct. Making your wishes known in advance can help you avoid all this.
How to Create A Living Will in Charleston, Illinois
Before starting the process, you should make your wishes very clear to your family. If your family is aware of your wishes well in advance, it will probably be much easier for them to accept the provisions in your living will, even if they don't agree with them.
You then need to actually draft your living will. This can be made much easier if you have an experienced Charleston, Illinois attorney who practices health law or wills and trusts help you. Even though a simple living will is not terribly complicated, having professional assistance is always advisable.
Generally, living wills need to follow the same formalities as testamentary wills (wills that dictate how one's property is to be distributed after death).
These formalities vary from state to state, but wills usually have to be witnessed and signed by at least two people who do not have a direct interest in the matter. Also, they should contain a clear statement indicating that the document is, in fact, a living will.
Do I Need A Charleston, Illinois Living Will Attorney?
While not always necessary, a good healthcare or wills attorney in Charleston, Illinois can make this process much easier. Lawyers, obviously, understand the law. Because of this, it is much easier for them to avoid the legal pitfalls that can make a living will unenforceable.