Wills, Directives, and DNRs


March 17, 2014

In end of life situations, every person has the right to decide how their care should be handled, but many lose the ability to make clear choices due to cognitive decline, unconsciousness, or serious illness. Conflicts can arise when a patient cannot communicate their wishes or when family opinions differ from prior decisions.

To reduce uncertainty and respect personal choices, specific legal documents exist to record end of life decisions in advance. Families often seek guidance through Evanston personal lawyer services to ensure these wishes guide care when the time comes.

Robert Rooth
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Advanced Directives

An advanced directive is a legal document in which a person, either independently or in consultation with his or her health care professional or legal representation, can indicate his or her end-of-life care decisions. As the name implies, advanced directives are usually created before a person’s condition deteriorates. Advanced directives are to be honored across various medical care administration settings, including hospitals, nursing homes, and by emergency medical services (EMS) personnel in your residence or en route to a healthcare facility, such as a hospital.

Living Wills

A living will indicate to medical providers what type of medical care you want to receive in the event that you are dying or permanently unconscious. This legal document allows you to refuse medical or surgical treatment and indicates that you accept the consequences of such refusal. The Illinois Department of Public Health has a standard Living Will Declaration form.

Do-Not-Resuscitate Orders

Do-Not-Resuscitate Orders, or DNR orders, are used to create a physician order that reflects an individual’s wishes about receiving certain life-prolonging medical treatments, such as cardiopulmonary resuscitation (CPR), and life-sustaining treatments, such as medical interventions and artificially administered nutrition and/or hydration. DNR orders are voluntarily entered into and you are not required to consent to a DNR order as a condition of receiving medical treatment. A DNR order is normally a form that is to be filled out by the individual ordering the DNR, or by his or her legal representative. The Illinois Department of Public Health offers a Uniform Do-Not-Resuscitate Advance Directive form. If at some point in time after creating a DNR order, an individual changes his or her mind about end-of-life care, the DNR order can be revoked at any time by writing “VOID” in large letters across the first page of the form or destroying the form and any existing copies.

If you are concerned that the nursing home where your loved one resides is not adhering to your loved one’s advanced directives, please contact the attorneys at Rooth Law Firm either online or by phone at (847) 869-9100.

Sources:

Illinois Department of Public Health, Statement of Illinois Law on Advanced Directives and DNR Orders

Illinois Department of Public Health, IDPH Uniform DNR Advanced Directive Guidance for Individuals

Robert Rooth

ILLINOIS NURSING HOME ABUSE & PERSONAL INJURY LAWYER