Estate Planning Is Not Just About Wills

 Posted on September 29, 2026 in Wills and Trusts

Most people know that estate planning often deals with the distribution of assets and personal wealth after a person passes away. A last will and testament or trust can enable an individual to decide how his or her hard-earned assets are divided among heirs. While having a will is a critical part of making sure your final wishes are fulfilled and your family is provided for, wills do not address what will happen if you become incapacitated due to illness or injury.

This "incapacity planning" is often disregarded as unnecessary or too emotionally burdensome to manage, but planning for potential incapacity is an important part of having a comprehensive estate plan. At A. Traub & Associates, our Arlington Heights, IL estate planning attorneys can help you draft specific documents that suit your needs if you ever become incapacitated. We have over 100 years of combined experience, so you can trust that you will be served by a team of seasoned professionals.

What Does It Mean to Plan for Incapacity?

Have you ever considered what would happen if you became unable to make decisions about medical care or financial affairs because of a serious illness? Often, when people fall ill and are near death, their family members can face difficult decisions about medical care.

Deciding when and if procedures like mechanical ventilation, surgery, cardiopulmonary resuscitation (CPR), dialysis, antibiotics, or transfusions should be used can be incredibly difficult for family members. However, those who have incapacitation plans in place save their family members from being forced to make blind decisions about financial matters and medical procedures.

How Do People Use Living Wills and Powers of Attorney in 2026?

In Illinois, individuals can make their desires regarding medical treatment known by executing an advance directive such as a living will. Another option to plan for potential incapacitation is to use a healthcare power of attorney.  

Assigning a trusted loved one to be your healthcare power of attorney is another way to plan for potential incapacitation. A healthcare power of attorney allows you to choose a representative who can make healthcare decisions for you when you are unable to do so.

In addition to making medical decisions on your behalf, your healthcare power of attorney agent can be directed to:

• Have access to your medical records
• Check you in and out of medical facilities
• Make decisions about healthcare providers and services, including hiring and firing medical staff, social service workers, and other support personnel
• Obtain information concerning your medical care

Using both a living will and a power of attorney can clarify your wishes to your loved ones as well as medical professionals. We want to help our clients rest easy knowing that, should the worst come to pass, there is a plan in place.

What Is a "Durable" Power of Attorney?

A durable power of attorney is one that stays in effect after you become incapacitated. In some states, a power of attorney needs special wording to keep working after that point.

Illinois takes a different approach. Under the Illinois Power of Attorney Act, a power of attorney is durable by default. It stays in effect even if a court later appoints a guardian for you. The document lasts until your death unless it names an earlier end date. Actions your agent takes while you are incapacitated have the same effect as if you had taken them yourself.

You still keep control over your document. You can set an end date if you only want it to last for a certain time. You can also change or cancel it, as long as you have the mental capacity to do so. Once you lose that capacity, you cannot revoke it on your own. For this reason, choose an agent you trust completely.

What Are the Requirements to Set Up a Living Will in Illinois?

A living will in Illinois is a written statement about the medical care you want near the end of life. It tells doctors whether to use or withhold treatments that would only delay death. It applies if you have a terminal condition and cannot speak for yourself.

Illinois law sets out a few basic rules for a valid living will. You must be at least 18 years old and of sound mind. You must sign the document, or another person can sign it for you at your direction. Two adult witnesses must also sign (755 ILCS 35/3). The witnesses cannot be people who would inherit from you. They also cannot be people who are financially responsible for your medical care.

A living will has limits. It does not name someone to speak for you. It also only covers certain end-of-life situations. For this reason, many people pair a living will with a power of attorney for healthcare. Once your living will is signed, give a copy to your doctor. That way, it can become part of your medical record.

What Else Can You Do to Make Sure Your Wishes Are Followed in Case of Incapacity?

Planning for incapacity involves more than signing forms. The people around you need to know what you want. Talk with your agent about your values and choices. Explain what kinds of care you would accept and what you would refuse. A clear talk now can prevent confusion and conflict later.

Your agent should also have a backup. Name a second person in case your first choice cannot serve. Keep your original documents in a safe place that others can reach. Share copies with your doctors, your agent, and close family members. A document that no one can find will not help you in an emergency.

Finally, review your plan every few years. Update it after major life events, such as a marriage, divorce, move, or new diagnosis. Older documents may name people who are no longer the right choice. Keeping your plan current helps make sure your voice is still heard when you cannot speak for yourself.

Contact Our Arlington Heights, IL Estate Planning Attorneys

If you have further questions about powers of attorney, living wills, or another estate planning tool, the experienced Lombard, IL incapacity planning lawyers at A. Traub & Associates are here to help. Call 630-426-0196 to schedule an initial consultation with one of our dedicated professionals today.