How Can a Living Will Prevent Family Conflicts?

 Posted on September 10, 2024 in Estate Planning

Creating a will or trust can be an unsettling task because it often involves planning for a day when you may be incapacitated or deceased. It requires making major decisions about what to do with your finances, assets, and even medical care should one of those events occur.

However, setting up a will or trust can be a smart move for many reasons, one of which is that they often help reduce conflict among family members. A living will is particularly useful in preventing heated disagreements within the family upon a member’s incapacitation or death. This article will discuss what a living will is, how it can prevent family conflicts, and how to contact an Illinois living will attorney who can draft the right agreement for your needs.

What Is a Living Will?

A living will is a legal document that sets out how a person wants his or her healthcare to be managed in the event of incapacitation. It applies specifically to someone who suffers from a terminal condition, meaning that any life-saving treatments will only lengthen the dying process. It includes the healthcare preferences of the testator — the person who created the will — for when he or she can no longer communicate and cannot give informed consent to medical treatments.

Also referred to as an advance medical directive, a living will usually contains provisions for:

• Pain management
• Resuscitation preferences
• Home care vs. hospice care
• Organ donation

A living will takes effect when the testator becomes incapacitated, which must be confirmed by at least two physicians.

How Can a Living Will Prevent Family Conflicts?

A terminal diagnosis can be extremely difficult for the family of the patient. Emotions typically run high and family members experience feelings of sadness and confusion. If the patient becomes incapacitated, these negative feelings can increase and fuel conflict. A living will can help mitigate this conflict in the following ways:

• It provides clarity about the testator’s wishes so that family members do not need to fight over what he or she would have wanted.
• It is enforceable, which means that even family members who disagree with the testator’s wishes and would try to override them must comply.
• By making the tough decisions himself or herself, the testator has removed that emotionally heavy burden from the family.
• It can forestall heated arguments about what is "right." 

Contact a Lake County, IL Estate Planning Attorney

A living will is a great way to prevent conflict within your family once you are no longer able to communicate. A poorly drafted document, however, may not be as effective. Make sure to choose an experienced and skilled Libertyville, IL living will lawyer to help you create your living will. At Newland & Newland, LLP, we know how to draft a clear and robust living will that will protect your wishes and your family when the time comes. Schedule a free consultation with one of our excellent local attorneys by calling 847-549-0000 today.