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A Wisconsin living will is often referred to as a declaration to physicians or an advance directive. It is a legal document governed by Wisconsin statutes. A declaration to physicians (living will) has two purposes. Its first purpose is to document your medical care wishes in the event that you are no longer able to voice your medical decisions. Reasons why you may not voice your decisions include incapacitation from a terminal condition, a persistent vegetative state, or an incurable injury. Types of decisions you may want to include are whether you wish to use feeding tubes, the use of life-sustaining treatments (especially if there are certain treatments that may interfere with your religious beliefs), whether you want cardiopulmonary resuscitation (CPR) used or if you have a do-not-resuscitate order (DNR order), types of mental health treatment you need, when the withdrawal of life-support should occur, and whether you are an organ donor. Whether you are cared for in an inpatient health care facility or a hospice care setting in your home, your health care providers follow a properly executed living will in good faith.
The second purpose is to name your healthcare agent. Your healthcare agent makes decisions on your behalf when you are unable to do so. A Wisconsin living will must be signed in front of two witnesses. You have the right of revocation. If you decide you want to change or revoke your living will, you can do so.
A living will is part of the estate planning process. The estate planning process is part of probate law. It makes difficult decisions easier on your family members and other loved ones. It is important that you do not confuse this document with a power of attorney or power of attorney for health care. Even if either of those powers of attorney are durable, they do not allow the agent to make end-of-life decisions. If you have legal questions about the differences between a living will and a power of attorney, you should seek legal advice.
§ 154: Wisconsin allows for the use of a living will to document your wishes as related to end of life care when you are no longer able to make your own decisions. In addition to naming someone to help ensure your decisions are honored, you can also use the form to notate whether you’d like to donate your organs or your entire body. After the completion of a living will, it should be kept in your medical record for easy access by your treating physician.
You should also create a Wisconsin last will and testament to continue to express your final wishes.
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