Wisconsin law allows any competent adult may execute a document directing that life-sustaining procedures be withheld or withdrawn. Living will, power of attorney for health care

Wisconsin Health Care Directive, advance medical directive Legal Document Preparation Service power of attorney for health care by legal forms service
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Wisconsin State Statutes (chapter 154.03). It is not mandatory that you have health care directive, however it is highly recommended. Without advance directive you can not communicate your wishes to the doctor

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Wisconsin Advance Medical and Health Care Directive  

Wisconsin
Advance Health Care
Directive Law Summary

(Wisconsin State Statutes, Chapter 154)

 

bullet link An advance health care directive
bullet link Health Care Power of Attorney
bullet link Living Will Declaration
bullet link Two witnesses are required
bullet link Living Will procedures
bullet link Feeding tube
bullet link Terminal condition
bullet link Persistent vegetative state
bullet link Qualified patient
bullet link Attending physician
bullet link Inpatient health care facility
bullet link Life-sustaining procedure
bullet link Procedures for signing Declarations
bullet link Effect of Declaration
bullet link Revocation of Declaration
bullet link Liabilities

The Wisconsin State Statutes (chapter 154.03) 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.
 
In addition, you can also appoint someone to handle your financial matters using a Power of Attorney for Finances and Property.

 
A Power of Attorney for Health Care is an important legal document. It gives your agent broad powers to make health care decisions for you, including withdrawal of a feeding tube and artificial hydration.
 
Please note that neither your health care agent nor your alternate health care agent can be your health care provider or employee of a health care facility where you are a patient, or a spouse of any of those persons, unless she or he is also your relative.
 
Your health care agent may not admit or commit you on an inpatient basis to an institution for mental diseases, an intermediate care facility for the mentally retarded, a state treatment facility or a treatment facility. Your health care agent may not consent to experimental mental health research or psychosurgery, electroconvulsive treatment or drastic mental health treatment procedures for you.
 
Your agent shall have the same access to your medical records that you have, including the right to disclose the contents to others, to request, receive and review verbal and written information regarding your personal affairs or physical or mental health including medical and hospital records.
 
There is an anatomical gift provision in this Power of attorney where you can address the disposition of your remains.
 
A living will makes it possible for adults in Wisconsin to state their preferences for life-sustaining procedures and feeding tubes in the event the person is in a terminal condition or persistent vegetative state.
 
Two witnesses are required. Witnesses must be at least 18 years of age, not related to you by blood, marriage or adoption and not directly financially responsible for your health care. Witnesses may also not be persons who know they are entitled to or have a claim on any portion of your estate.
 
Before you start working on your Health Care Directive you should know the following definitions:
 
“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 154.03(2).
 
“Feeding tube” means a medical tube through which nutrition or hydration is administered into the vein, stomach, nose, mouth or other body opening of a qualified patient.
 
“Terminal condition” means an incurable condition caused by injury or illness that reasonable medical judgment finds would cause death imminently, so that the application of life-sustaining procedures serves only to postpone the moment of death.
 
“Persistent vegetative state” means a condition that reasonable medical judgment finds constitutes complete and irreversible loss of all the functions of the cerebral cortex and results in a complete, chronic and irreversible cessation of all cognitive functioning and consciousness and a complete lack of behavioral responses that indicate cognitive functioning, although autonomic functions continue.
 
“Qualified patient” means a declarant who has been diagnosed and certified in writing to be afflicted with a terminal condition or to be in a persistent vegetative state by 2 physicians, one of whom is the attending physician, who have personally examined the declarant.
 
“Attending physician” means a physician licensed in the State of Wisconsin and who has primary responsibility for the treatment and care of the patient.
 
“Inpatient health care facility” has the meaning provided under State Statute 50.135(1) and includes community-based residential facilities as defined in State Statute 50.01(1g).
 
“Life-sustaining procedure” means any medical procedure or intervention that, in the judgment of the attending physician, would serve only to prolong the dying process but not avert death when applied to a qualified patient. “Life-sustaining procedure” includes assistance in respiration, artificial maintenance of blood pressure and heart rate, blood transfusion, kidney dialysis and other similar procedures, but does not include (a) The alleviation of pain by administering medication or by performing an medical procedure. (b) The provision of nutrition or hydration.
 
Procedures for signing Declarations
A declaration must be signed by the declarant in the presence of 2 witnesses. 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
A declaration may be revoked at any time by the declarant by any of the following methods:
  1. By being canceled, defaced, obliterated, burned, torn or otherwise destroyed by the declarant or by some person who is directed by the declarant and who acts in the presence of the declarant.
  2. By a written revocation of the declarant expressing the intent to revoke signed and dated by the declarant.
  3. By a verbal expression by the declarant of his or her intent to revoke the declaration, but only if the declarant or a person acting on behalf of the declarant notifies the attending physician of the revocation.
  4. By executing a subsequent declaration.
The attending physician shall record in the declarant’s medical records the time, date and place of the revocation and time, date and place, if different, that he or she was notified of the revocation.
 
Liabilities
No physician, inpatient health care facility or health care professional acting under direction of a physician may be held criminally liable or civilly liable, or charged with unprofessional conduct of any of the following:
  1. Participating in the withholding or withdrawal of life-sustaining procedures or feeding tubes;
  2. Failing to act upon a revocation unless the person or facility has actual knowledge of the revocation;
  3. Failing to comply with a declaration, except that failure by a physician to comply with a declaration of a qualified patient constitutes unprofessional conduct if the physician refuses or fails to make a good faith attempt to transfer the patient to another physician who will comply with the declaration.
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Wisconsin Advance Health Care Directive To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.

 
 

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