Wisconsin Statutes: an adult may prepare a Declaration to Physicians known as a Living Will to control the health care treatment decisions that can be made on that person behalf
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In Wisconsin Living Will you do not appoint an agent to make health related decisions for you if you are terminally ill. If you wish to designate such attorney-in-fact you need to complete Health Care Power of Attorney |
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The Wisconsin State Statutes created two forms of advance directives for health care: the Declaration to Physicians also known as a Living Will and a Power of Attorney for Health Care.
The Wisconsin Declaration to Physicians is designed to help you communicate your wishes about medical treatment at some time in the future when you are unable to make your wishes known because of illness or injury. These wishes are usually based on personal values. The Declaration means a written, witnessed document voluntarily executed by the Declarant under State law but is not limited in form or substance to that provided in State Statute. The withholding or withdrawal of any medication, life-sustaining procedure or feeding tube may not be made if the attending physician advises that doing so will cause pain or reduce comfort and the pain or discomfort cannot be alleviated through pain relief measures. You are responsible for notifying your attending physician of the existence of the declaration. An attending physician who is notified shall make the declaration part of your medical records. A declaration that is in its original form or is a legible photocopy or electronic facsimile copy is presumed to be valid. Procedures for signing Declarations A declaration must be signed by the declarant in the presence of 2 witnesses. Witnesses must be at least 18 years of age, not related to you by:
Valid witnesses acting in good faith are immune from civil or criminal liability. If the declarant is physically unable to sign a declaration, the declaration must be signed in the declarant’s name by one of the witnesses or some other person at the declarant’s express direction and in his or her presence; such a proxy signing shall either take place or be acknowledged by the declarant in the presence of 2 witnesses. Effect of Declaration The desires of a qualified patient who is competent supersede the effect of the declaration at all times. If a qualified patient is incompetent at the time of the decision to withhold or withdraw life-sustaining procedures or feeding tubes a declaration executed under this chapter is presumed to be valid. Revocation of Declaration The Wisconsin Declaration to Physicians may be revoked at any time by the declarant by any of the following methods:
You should make relatives and friends aware that you have signed the document and the location where it is kept. A signed form may be kept in a safe, easily accessible place until needed. The document may but is not required to be filed for safekeeping, for a fee, with the register in probate of your county of residence. The fee for this has been set by State Statute at $8.00. If there is something you do not understand about this Wisconsin Living Will Declaration you should consult an attorney. Before signing this Wisconsin Declaration to Physicians (Living Will) you need to discuss your treatment with your physician in as many details as possible, and consider types of treatments that you want/do not want to be performed for you when you are unable to express your wishes because of your illness. Please make sure to state clearly particular treatments you want or do not want. |
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