Your Rights to Receive or Refuse Death-Delaying Procedures

 Posted on May 05, 2026 in Estate Planning

As you look forward to the future, you will need to make some important decisions about the disposition of your property and the care of your dependents. These are the considerations that most people think of when they hear the term "estate planning." Estate planning, however, also gives you the ability to make advance decisions for your own medical care and treatment so that in the event that you are disabled or otherwise incapacitated, there will be no doubt regarding your wishes.

At A. Traub & Associates, we know how sensitive estate planning can be. Our Lombard, IL estate planning attorneys can guide you through the process of creating a living will that aligns with your preferences. We have over a century of shared experience, so you can trust that your case will be handled by a knowledgeable team.

How Are Living Wills Used in 2026?

A living will is one example of an estate planning document that can be used to formally record your desires regarding the medical care you wish to receive – or not receive – in specific situations. It is a type of advanced medical directive that can be used to give instructions to your medical providers as well as to any person you have appointed to make medical decisions on your behalf.

Your living will is intended to address the possibility of end-of-life medical care. End-of-life care refers to treatment and procedures that you may receive if you have been diagnosed with a terminal condition due to illness or injury. When a condition becomes terminal, death may be delayed through certain procedures but not prevented.

What Are the Requirements To Set up a Living Will in Illinois?

Under 755 ILCS 35/3, a person may make a living will if he or she is of sound mind and is an adult or an emancipated minor. Being of sound mind means the person understands what the document does and what choice he or she is making. The living will must be signed by the person making it or by someone else acting at that person’s direction. It must also be witnessed by two people who are at least 18 years old.

A living will may follow the form under Illinois law, but it can include personal details. The goal is to make your wishes clear. Your doctors and family should not have to guess during a medical crisis. After signing it, keep it somewhere safe and give copies to your doctor, agent, and family members.

What Death-Delaying Procedures Can Be Included in an Illinois Living Will?

In Illinois, every person has the right to make their own decisions regarding which death-delaying procedures should or should not be utilized in the event of a terminal diagnosis. Common examples of death-delaying procedures include:

• Surgery, radiation, or chemotherapy for advanced cancer

• Cardiac resuscitation/defibrillation

• Blood transfusions

• Kidney dialysis

• Use of respirators

• Artificial maintenance of metabolic rates or blood pressure

• Amputations of limbs or extremities

In your living will, you can list which death-delaying procedures, if any, you want medical professionals to use should such a situation arise. It is important to understand that while your treating doctors or hospital staff will usually honor the terms of your living will, they will not withhold food or water or take any other action to accelerate your death.

Can You Change Your Mind About Death-Delaying Procedures in a Living Will?

Your wishes may change as your health, beliefs, family situation, or understanding of medical treatment changes. A choice that felt right years ago may not reflect what you want now.

Illinois law allows you to revoke a living will at any time. You may cancel it in writing, or you may say out loud, in front of a witness, that you want to revoke it. You can also destroy the document by tearing it up or marking it in a way that shows you want to cancel it. If the living will is electronic, you may delete it in a way that shows you want to revoke it.

Even though you can revoke a living will in several ways, updating it with a new written document is best. If your wishes have changed, sign a new living will, revoke the old one, and give the updated version to your doctor, hospital, health care agent, and family.

Other Ways To Plan for Incapacity in Illinois

A living will is only one part of incapacity planning. It focuses on a narrow end-of-life situation, so it may not cover every medical choice that could come up. Other documents can help if you are alive but unable to make decisions for yourself.

A health care power of attorney is often an important part of this plan. It lets you name someone you trust to make medical decisions for you if you cannot communicate. This person, called your agent, can talk to doctors, review medical facts, and respond to changing circumstances.

A financial power of attorney can also be useful. It allows someone to manage money and property matters for you, such as paying bills, handling bank accounts, managing insurance, or dealing with your home. Parents may also want to name a guardian for minor children.

Contact Our DuPage County, IL Living Will Lawyers Today

If you decide to draft a living will, you should ensure that anyone who may be involved in your future medical care is made aware of your decisions. Your spouse and your family doctor should have a copy of your living will, as should your power of attorney for health care. The first step, however, is to organize your thoughts and wishes regarding end-of-life care. For help in doing so, contact an experienced Lombard, IL estate planning attorney at A. Traub & Associates today. 

We will assist you with developing a living will that can ease the burden of difficult decision-making that unprepared families often face. Call 630-426-0196 to schedule a confidential consultation with our firm.