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Living Will

A document that sets out guidelines for dealing with life-sustaining medical procedures in the eventuality of the signatory's sudden debilitation.

The Appellate Court of Illinois, in a 1992 case In Re CA, wrote:

"A living will allows a person to execute a document that expresses his desire not to be kept alive through artificial or extraordinary means if in the future he suffers a terminal condition."

Living wills would, for example, inform medical staff not to provide extraordinary life-preserving procedures on their bodies if they are at that time unable or incapable of expressing themselves and suffering from an incurable and terminal condition.

For the most part, the term living will is a misnomer, as a will does not by definition take effect until the signatory's death whereas a living will is useless after the signatory's death.

REFERENCES:

  • In Re C.A. 603 NE 2d 1171, footnote at page 1179.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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