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A living will is one of the key advance healthcare directives. In Wisconsin, a living will is also referred to as a declaration to physicians. If someone can no longer speak for themself, a physician will look at the living will to determine what level of life-sustaining measures to perform or plan for.
In Wisconsin, a health care power of attorney (HCPOA or medical POA) designates a person to make medical decisions for you when you are incapacitated or cannot make decisions yourself.
A living will is a document for doctors to consult that states your end-of-life health care preferences. A living will does not designate a specific person to make those decisions, and it only takes affect when in specific circumstances.
A health care power of attorney is broader. It’s not limited specifically to life-sustaining measures. The medical POA can also make decisions about treatment options and long-term care. It takes effect if you are incapacitated or unable to communicate, as determined by two doctors.
A do not resuscitate order is effective as soon as it is signed by a doctor. Anyone can choose to create a DNR, even without being terminally ill. It is specific to CPR and other cardiac life support measures.
A DNR needs to be readily accessible. Many recommend having it in your medical file and then as you age also having it posted in your home for emergency responders and/or even carried with you.
A living will addresses life sustaining measures, but it does not prevent resuscitation unless explicitly stated.
Living wills, DNRs, and health care power of attorney all serve different and complementary purposes. Many people prefer to have all three documents to ensure your health care wishes are known and respected in all medical scenarios.
Living wills are only used in specific medical circumstances. For them to be easily found and referenced appropriately when needed, it’s recommended you have them on file with your healthcare providers and that important family members or powers of attorney also are aware of them.
To create a living will in Wisconsin, individuals must be at least eighteen years old and of sound mind. Additionally, two witnesses are required. There are restrictions on who can be a witness, to help prevent coercion or conflicts of interest.
Witnesses must be at least eighteen, and not related to you by blood, marriage, or adoption. They cannot be directly financially responsible for your health care, nor can they stand to benefit from your estate. The witnesses also cannot be your current health care provider, nor any employee of that health care provider other than a social worker or chaplain.
Living Wills typically are activated if two doctors determine that the person is in a persistent vegetative state or has a terminal condition where the person cannot communicate his or her wishes regarding healthcare. This is otherwise known as “incapacitation.”
An example of such a state would be a person who is suffering from an indefinite coma that doctors do not believe they will ever wake from. Then doctors will look to this document to guide health care decisions. Notably, a living will has no effect during a pregnancy.
Individuals can write their own living will or use forms provided by the state, but an attorney will help ensure you understand all components of the document and can also assist in assuring your witnesses are valid and all other requirements are met.
A living will in only one component of estate planning. Speak with an attorney here at Grieve Civil Law who can recommend what other documents you need to plan for all scenarios.
If your preferences change, you can create a new living will. Distribute the new living will to your medical providers and request the old living will to be removed from your record to avoid any confusion.
Living wills are an important component of comprehensive estate planning. The name sounds similar to a few other estate planning documents, but these documents serve different purposes.
If you’re ready to take the next steps in creating your living will, contact our living will preparation attorneys. We’ll work with you to create a plan suitable to your wishes and take the burden off your family.
