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John E. Kerley, Attorney at Law, P.C.
  • Home
  • About
    • John Kerley
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    • Estate Planning And Administration
    • Business Ownership And Estate Planning
    • Elder Law
    • SSI And Medicaid Planning
    • Guardianships
    • Powers Of Attorney And Living Wills
    • Probate And Estate Administration
    • Trusts
    • Wills
  • Blog
  • Contact
  • Springfield Law Office

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What is a living will and should you consider one?

On Behalf of Kerley & Talken PC | May 19, 2026 | Estate Planning

Life throws curveballs when you least expect them. One day you are healthy and independent, and the next, you might face a medical crisis that leaves you unable to communicate your healthcare wishes. That is where a living will comes into play.

Understanding the basics

A living will is a legal document that allows you to specify your choices for medical care if you become unable to communicate. Consider it as your spokesperson when you cannot advocate for yourself.

In Illinois, a standard statutory living will applies when you have a terminal condition where death is imminent. However, it can be customized, and under Illinois law, instructions regarding life-sustaining treatment during a state of permanent unconsciousness can also be legally documented.

In contrast to a standard will that handles your property after you pass away, a living will concentrates on medical choices while you remain living but are unable to communicate. You might indicate whether you desire resuscitation, kidney treatment or other procedures in particular situations. This document provides your physicians and family members with definite direction during highly emotional times.

Potential benefits to consider

Creating a living will offers several advantages worth thinking about. First, it removes the burden of difficult decisions from your family members. When emotions run high during a medical emergency, having your wishes documented can provide tremendous relief to those who care about you. If you have both documents, the agent named in your healthcare power of attorney will make your medical decisions, utilizing the living will as legally binding evidence of your preferences. If your agent is unavailable, your physician can rely directly on your living will.

It can also prevent family conflicts. When everyone knows your documented wishes, there might be less room for disagreement among relatives about your care. This unity can be valuable during already stressful times.

Finally, it gives you peace of mind. Knowing you have planned and protected both yourself and your loved ones from unnecessary stress can be incredibly comforting.

Taking the next step

If you are considering creating a living will, understand that you have options for how to proceed. It might also be beneficial to discuss your wishes with your family and healthcare providers so everyone understands your preferences before an emergency occurs.

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