Qualifying Conditions that Trigger a Living Will
By Illinois Senior Advocate Rick Law. Estate Planning Attorney and Medicaid Crisis Planner in Aurora, IL just off the I-88 tollway. In Illinois, “qualifying condition” means the existence of one or more of the following conditions in a patient certified in writing in the patient’s medical record by the attending physician and by at least one other qualified physician:
- (1) “Terminal condition,” means an illness or injury for which there is no reasonable prospect of cure or recovery, death is imminent, and the application of life sustaining treatments would only prolong the dying process. (2) “Permanent unconsciousness” is a condition that, in a high degree of medical certainty, [i] will last permanently, without improvement, [ii] in which thought, sensation, purposeful action, social interaction, and awareness of self and environment are absent, and [iii] for which initiating or continuing life sustaining treatment, in light of the patient’s medical condition, provides only minimal medical benefit and (3) “incurable or irreversible condition” means an illness or injury [i] for which there is no reasonable prospect of cure or recovery, [ii] that ultimately would cause the patient’s death even if life sustaining treatment is initiated or continued, [iii] that imposes severe pain or otherwise imposes an inhumane burden on the patient and [iv] for which initiating and continuing life sustaining treatment in light of the patient’s medical condition provides only minimal medical benefits.