A serious illness or injury could leave you unable to speak with your doctors. Your family may then face difficult medical choices without knowing your actual preference. Illinois offers two ways to plan for this: your living will and your health care power of attorney (POA).
These documents serve different needs. Your living will addresses treatment that would only prolong dying should you become terminally ill. Your health care POA gives someone you trust broader authority to handle medical choices when you cannot.
Your living will addresses end-of-life care
Your living will tells doctors to withhold or stop treatment that would only delay death. It applies when you cannot express your wishes and your doctor confirms that your condition has no cure and death is near.
An example would be you refusing a breathing machine if it would only keep you alive a little longer. Your doctors would still provide care to ease your pain.
However, these instructions do not cover every medical emergency. If you lose consciousness after a crash but doctors expect you to recover, your living will does not apply. It also does not appoint anyone to handle other medical choices on your behalf.
Your health care POA gives someone broader authority
Through a health care POA, you name someone you trust to speak with doctors and make choices about your treatment. Illinois calls this person your agent. This authority also covers situations where you are not terminally ill.
For example, if a stroke leaves you unable to understand your treatment options, your agent could discuss them with your doctor and decide on your care. You still make your own choices when you are able.
You may also give your agent instructions about treatments you would accept or refuse. Illinois law requires that person to follow your stated preferences. Depending on the powers you grant, your agent might also make choices about life support.
If you sign both forms, Illinois law gives your agent priority when that person is available and has authority over treatment. Your living will does not take effect during that time. This makes discussing your end-of-life wishes with your agent especially important.
Putting your medical wishes in writing
You might want to discuss your treatment preferences with someone you trust before a medical emergency occurs. As part of planning for future medical care, you could review both forms and write down what matters most. Sharing copies with your doctor and chosen agent helps them follow your instructions if you cannot explain them yourself.