Health Care Advance Directives

Comparison of Wisconsin's Health Care Advance Directives

"DECLARATION TO PHYSICIANS" LIVING WILL
(1983; Amended 1985, 1987, 1991)
Wisconsin Statutes Chapter 154 POWER OF ATTORNEY FOR HEALTH CARE
(1983; Amended 1992)
Wisconsin Statutes Chapter 155

What it is Declaration to Physicians (statement) Document appointing another individual as "agent"

When it becomes effective When two physicians examine you and state you are either terminal where death is "imminent" or in a "persistent vegetative state" Two physicians (or one physician and one psychologist) examine you and state you are incapacitated

Conditions under which document is effective 1) Terminal where death imminent; OR
2) Persistent vegetative state Any time incapacitated

Procedures covered Life-sustaining";
Procedures INCLUDE tube feedings;
Patient wants procedures withheld or withdrawn Almost anything. Agent may consent to or decline procedure. Authority must be specifically authorized for:
1) nursing home/CBRF admissions;
2) tube feeding withdrawal;
3) continued effect during pregnancy

Does not apply Neither terminal nor persistent vegetative state;
Terminal but death not imminent;
When pregnant Electroshock therapy;
Experimental mental health drugs and treatment;
Admission to mental facilities

Use of alternative forms Permitted, but no immunities for health care providers will apply Permitted, and immunities for health care providers will apply

Individuals who may be agent or alternate agent NOT APPLICABLE Anyone, other than health care provider or employee, or health care provider's spouse, unless also a relative. Usually a family member.

Witnessing requirements Two disinterested persons. May not be: relative, person who will inherit under will, or health care provider (except social workers or chaplains). SAME as Living Will

Distribution and storage Sign original and make 4 copies. Distribute: original to doctor, copies to hospital, a family member, safe place at home; may file with Register in Probate for a small fee. Complete wallet card. Sign original and make 5 copies. Distribute: original to doctor or agent, copies to agent or doctor, alternate agent, family member, safe place at home; may file with Register in Probate for small fee. Complete wallet card.

Procedures to revoke document 1) Destroy all copies;
2) Circulate separate statement;
3) Oral revocation;
4) Revoke with POAHC 1) Destroy all copies;
2) Statement revoking;
3) Oral revocation;
4) Execute new POAHC

Prepared by:
Elder Law Center of the Coalition of Wisconsin Aging Groups
5900 Monona Drive - Suite 400
Madison, WI 53716-3554
608-224-0660 / 608-224-0607 FAX

For copies of the forms, send a self-addressed envelope to:
Living Will/Power of Attorney for Health Care
Division of Health
P.O. Box 309
Madison, WI 53701-0309

Last updated: August 15, 1997
By: Gail Schwersenska

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	"DECLARATION TO PHYSICIANS" LIVING WILL (1983; Amended 1985, 1987, 1991) Wisconsin Statutes Chapter 154	POWER OF ATTORNEY FOR HEALTH CARE (1983; Amended 1992) Wisconsin Statutes Chapter 155
What it is	Declaration to Physicians (statement)	Document appointing another individual as "agent"
When it becomes effective	When two physicians examine you and state you are either terminal where death is "imminent" or in a "persistent vegetative state"	Two physicians (or one physician and one psychologist) examine you and state you are incapacitated
Conditions under which document is effective	1) Terminal where death imminent; OR 2) Persistent vegetative state	Any time incapacitated
Procedures covered	Life-sustaining"; Procedures INCLUDE tube feedings; Patient wants procedures withheld or withdrawn	Almost anything. Agent may consent to or decline procedure. Authority must be specifically authorized for: 1) nursing home/CBRF admissions; 2) tube feeding withdrawal; 3) continued effect during pregnancy
Does not apply	Neither terminal nor persistent vegetative state; Terminal but death not imminent; When pregnant	Electroshock therapy; Experimental mental health drugs and treatment; Admission to mental facilities
Use of alternative forms	Permitted, but no immunities for health care providers will apply	Permitted, and immunities for health care providers will apply
Individuals who may be agent or alternate agent	NOT APPLICABLE	Anyone, other than health care provider or employee, or health care provider's spouse, unless also a relative. Usually a family member.
Witnessing requirements	Two disinterested persons. May not be: relative, person who will inherit under will, or health care provider (except social workers or chaplains).	SAME as Living Will
Distribution and storage	Sign original and make 4 copies. Distribute: original to doctor, copies to hospital, a family member, safe place at home; may file with Register in Probate for a small fee. Complete wallet card.	Sign original and make 5 copies. Distribute: original to doctor or agent, copies to agent or doctor, alternate agent, family member, safe place at home; may file with Register in Probate for small fee. Complete wallet card.
Procedures to revoke document	1) Destroy all copies; 2) Circulate separate statement; 3) Oral revocation; 4) Revoke with POAHC	1) Destroy all copies; 2) Statement revoking; 3) Oral revocation; 4) Execute new POAHC