WHAT IS AN ADVANCE MEDICAL DIRECTIVE?

October 17, 2018

Let’s face it: anyone can suffer a serious injury or illness at any time and be unable to manage their affairs or make decisions about their healthcare. One way to protect yourself, your assets and your loved ones is by consulting with an estate planning attorney about advance medical directives, such as a healthcare proxy and a living will.


WHAT IS A HEALTHCARE PROXY?

A healthcare proxy -- or durable power of attorney for healthcare -- allows you to designate a trusted person such as a spouse, a parent, an adult child, or a close friend to make medical decisions according to your preferences. This person will act as your agent by coordinating your medical care with your physician when you cannot make these decisions independently or communicate your wishes. If you fail to prepare a healthcare proxy, your loved ones will have to ask the court to appoint someone to make these decisions -- which may not agree with your wishes. Not only will creating a healthcare proxy relieve them of this burden, it will also ensure that you receive the care you prefer.


WHAT IS A LIVING WILL?

People often confuse the terms “will” and “living will.” A will is the most basic estate planning document that establishes how your assets will be managed and distributed upon your death. A living will, on the other hand, is a type of advance medical directive that declares the type of end-of-life treatment you wish to receive or have withheld. Having a living will in place will give you peace of mind that you will receive the care you prefer. Additionally, if you are incapacitated or terminally ill, a living will can specify which life-saving measures, such as a ventilator or feeding tube, you may want withheld.


OTHER IMPORTANT HEALTHCARE DOCUMENTS

If you become critically ill and prefer not to receive extraordinary life-prolonging measures, it is also necessary to complete a DNR (Do Not Resuscitate), order. In short, a DNR will order doctors, nurses and ER personnel not to use cardiopulmonary resuscitation (CPR) to preserve your life in the event of an emergency.


The last document you will need to complete is a HIPAA Authorization -- a requirement of the Health Insurance Portability and Accountability Act. This authorization will ensure that your medical records can be accessed by healthcare providers and family members.


WHY THIS MATTERS

Although many think of estate planning in terms of their passing, a well-conceived plan will also protect you today by including the necessary advance medical directives. The surest way to protect yourself and your loved ones in the event of incapacity, is to work with a trustworthy estate planning attorney.

Scales of justice on a desk representing civil litigation legal support in Chicago, Illinois.
December 11, 2025
The Critical Advantage of Expertise: Civil Litigation Support & Appellate Practice in Chicago
Person signing legal document; scales of justice, gavel, and laptop on table.
November 13, 2025
The Importance of Having a Will in Chicago: Protecting Your Family’s Future
A person in a suit reviews legal documents representing business transaction attorney in Chicago.
October 16, 2025
Why Your Chicago Business Needs a Skilled Transactions Attorney
An elderly couple is walking through a garden filled with flowers.
September 18, 2025
Understanding Elder Law and How It Protects Your Loved Ones
A man is sitting at a table with a scale of justice and a gavel.
August 21, 2025
Can You Contest a Trust in Illinois? What You Need to Know
A padlock is sitting on top of a pile of gold coins.
July 24, 2025
What Is Asset Protection — and Do You Really Need It?
Two men are sitting at a table with a judge 's gavel and a cell phone.
May 1, 2025
Expanding your business beyond U.S. borders brings exciting opportunities, but it also comes with legal complexities. Discover four key scenarios where an attorney can assist your business with cross-border transactions, ensuring compliance and reducing risks.
A scale of justice is sitting on a table next to a laptop.
April 3, 2025
Contesting a will is a legal process that allows individuals to challenge the validity of a deceased person’s final wishes. In Illinois, several legal grounds may justify such a challenge. This article discusses common reasons a will may be contested and what to consider before taking legal action.
A river running through the Chicago skyline with a fountain in the middle of it
March 6, 2025
Selecting the best business structure is crucial for long-term success. This post explores the key differences between LLCs, corporations, and partnerships, helping business owners in Chicago make informed decisions.
A typewriter with the words last will and testament written on it.
February 6, 2025
The complexities of estate planning can be daunting, especially when choosing between revocable and irrevocable trusts. As Chicago residents looking to secure a financial legacy for their family, it’s crucial to make informed decisions that align with your unique circumstances and long-term goals. At Grant Park Legal Advisors LLC, we understand the importance of these decisions and are here to guide you through each step of the estate planning process. In this blog post, we’ll explore the key differences between revocable and irrevocable trusts, helping you determine which trust might be the best fit for your family’s needs. Understanding Revocable Trusts Revocable trusts, often called living trusts, offer flexibility and control over your assets during your lifetime. As the grantor of a revocable trust, you have the ability to alter or terminate the trust at any time, which means you can change beneficiaries or adjust provisions as needed. This type of trust allows you to maintain ownership and control over your assets while still providing a framework for asset distribution upon your death. For many Chicago families, revocable trusts are an attractive option because they help avoid probate—a public legal process that can be lengthy and costly. However, it’s important to consider that because you retain control over a revocable trust's assets during your lifetime, those assets may not be fully protected from creditors or legal judgments against you. Additionally, while avoiding probate is beneficial in terms of privacy and efficiency, assets in a revocable trust are still subject to estate taxes upon your passing. Exploring Irrevocable Trusts Irrevocable trusts present different advantages primarily centered around asset protection and tax benefits. Once established, these trusts cannot easily be altered or revoked—hence their name—so transferring assets into an irrevocable trust typically removes them from being considered part of your taxable estate. This feature is particularly appealing for individuals seeking substantial estate tax reductions. For Chicago residents concerned about shielding their wealth from potential creditors or litigations (perhaps due to high-risk professions), irrevocable trusts provide robust protection since, once transferred, these assets are no longer legally owned by the grantor. However, relinquishing control over these assets requires careful consideration and acceptance that such transfers are permanent barring few exceptions like unanimous beneficiary approval or rare court orders. Comparing Tax Implications Understanding the tax implications of revocable and irrevocable trusts is crucial for anyone considering these strategies in Illinois' complex economic landscape, where state and federal laws intersect uniquely. A revocable trust remains part of the owner's taxable estate upon death, potentially increasing tax liabilities due to its appreciated value. However, prudent estate planning techniques, such as gifting strategies, can mitigate this.  On the other hand, if carefully structured, an irrevocable trust may reduce exposure to federal estate taxes and take advantage of Illinois-specific exemptions. This approach, when effectively integrated into a diversified portfolio, ensures maximum benefit tailored to individual circumstances. For optimal results, it's essential to consult with professional advisors who are well-versed in the local legal nuances. Choosing the Right Trust for Your Family's Needs When deciding between a revocable and an irrevocable trust, weighing your family's specific needs, long-term goals, and risk tolerance is essential. Revocable trusts offer unparalleled flexibility and ease of management during your lifetime, making them an ideal choice for those who value control and adaptability. In contrast, irrevocable trusts provide robust asset protection and tax advantages, appealing to individuals who seek to minimize their taxable estate and protect their wealth from potential creditors. Consulting with experienced estate planning professionals, such as those at Grant Park Legal Advisors LLC, can help guide you through this decision-making process, ensuring that the trust you choose aligns with your personal objectives and effectively supports your family's future financial security. In estate planning, selecting between a revocable and an irrevocable trust is a significant decision that can have lasting implications for your family's financial security. Both options offer distinct benefits and limitations that must be carefully evaluated in light of your personal and financial situation. A revocable trust offers flexibility and control, suitable for those who value the ability to adapt their estate plan over time. Conversely, an irrevocable trust provides unparalleled asset protection and tax benefits, ideal for those prioritizing estate tax minimization and shielding assets from potential risks. Ultimately, the best strategy will align with your family's unique needs and long-term objectives. By working with a knowledgeable estate planning advisor, like those at Grant Park Legal Advisors LLC, you can make informed choices that best position your family for a secure and prosperous future.