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Step-by-Step Instructions for Completing the Wisconsin Statutory Power of Attorney for Health Care

STEP 1: BEFORE FILLING IT OUT - Read the entire document carefully. Be sure you understand the authority you are giving to someone else. Think carefully about whom you want to select as your agent. You may not select your doctor, nurse, an employee of your health care facility or spouse of any of these individuals, UNLESS this individual is also a relative. Consider a close family member or friend - someone who knows you well, who lives geographically close to you, who will be a strong advocate for you snd will ensure that your preferences are honored. Talk to that individual about your health care preferences, religious beliefs, quality of life concerns, etc., using the enclosed "25 Questions To Discuss With Your Health Care Agent" as a guide. Ask the individual if he or she will accept this responsibility. Do the same with the individual you select as your alternate.

STEP 2: FILLING IT OUT - Don't insert the date at the bottom of the first page until the day you are ready to sign it. PRINT your name and address and date of birth after the "I," at the bottom of the first page. At the top of the second page, in the first blanks, PRINT the name, address and phone number (with area code) of the individual you have selected as your health care agent. If the individual is a relative, indicate the relationship, e.g., (daughter), in parentheses, after the name. In the next blanks, PRINT the name, address and telephone number of the individual you have selected as ALTERNATE AGENT. Remember, you may only appoint ONE individual as agent and ONE as alternate.

Under ADMISSION TO NURSING HOMES OR COMMUNITY-BASED RESIDENTIAL FACILITIES, decide whether you want your agent to have authority to admit you to a nursing home or community-based residential facility (group home). If you check YES, your agent will be able to do so without going to court. That will save time, money and some emotional anguish for you and your family. On the other hand, the court process is designed as protection for you, to ensure that you really need to be in a nursing home. Decide whether you are comfortable giving that power to your agent. If you check NO or leave the question blank, your agent will not have that authority and a court proceeding will be required before you could be admitted to a nursing home if you are not competent at the time.

Under PROVISION OF FEEDING TUBE, decide whether you want your agent to have authority to withhold or withdraw feeding tubes. If you check YES, your agent will have the authority to decide, on a case-by-case basis, whether you would want him or her to withhold or withdraw these feeding tubes. If you check NO or if you leave it blank, your agent would have to get a court order before being able to do so. (IMPORTANT NOTE: If you also complete the statutory living will, be sure that your two documents do not conflict. For example, if in your Living Will you direct that feeding tubes be withheld, be sure to check YES on this question in your Power of Attorney for Health Care.)

The HEALTH CARE DECISIONS FOR PREGNANT WOMEN section applies only to women capable of becoming pregnant. If you are a man or a woman who is incapable of becoming pregnant, write NOT APPLICABLE next to the blanks. If you could become pregnant, decide whether you want your agent to have that authority. Keep in mind that there are decisions other than abortion that a health care agent might have to make. For example, if you are in a car accident while pregnant and left unconscious, someone has to decide whether to set broken bones and make other decisions. Even as to the abortion decision, you should consider checking YES, but clarifying your position on abortion ("always," "never," "only in certain circumstances," etc.) in the next section. Again, if you check NO or leave it blank, your agent will not have the authority to make decisions for you if you later become pregnant.

Under STATEMENT OF DESIRES, SPECIAL PROVISIONS OR LIMITATIONS, you are encouraged to add something to "personalize" the form. Print all inserts. Consider adding in some language indicating your beliefs about life support procedures, organ donations, organ transplants, autopsies, choice of health care provider or facility or any preference to receive long-term care in your own home or in a nursing home. This is also the place to clarify, put limitations on, or further explain any of the earlier "YES" or "NO" questions. For example, you could consider qualifying the nursing home admission by indicating a preference for home care over nursing homes or by indicating what decisions your agent can make if you later become pregnant. Do insert something. If you have more to insert than fits in the spaces, use a separate sheet, titled "Addendum to the Power of Attorney for Health Care of (your name)." Then print (or type) your additional provisions. This Addendum should be signed and witnessed exactly like the document itself.

For the signing, you and your two witnesses must be together. A witness may not be: (1) your agent, (2) a person with a claim on your estate, (3) a relative, (4) directly financially responsible for your health care, (5) your health care provider, (6) an employee of your health care provider, or (7) an employee of the health care facility in which you live. For (6) and (7), however, a person employed as a chaplain or social worker may be a witness. In the presence of the witnesses, you should then date the form on the front and sign it on the back. Insert the same date right after your name. Have your two witnesses then sign, as indicated on the form. You should then take or mail the form to your agent and alternate for their signatures. Insert your own name in the first two blanks under STATEMENT OF HEALTH CARE AGENT and ALTERNATE HEALTH CARE AGENT and your agent and alternate are then ready to sign. (NOTE: If your agent or alternate live elsewhere, you may mail the document to them for their signatures. No witnesses are required.)

STEP 3: AFTER IT IS COMPLETED - Make four copies of the form. Give the original to your physician (if you have a regular attending physician, as opposed to a clinic) and discuss with him or her your choice of agent, as well as your health care preferences, as indicated on the form. Ask your physician to honor your preferences and respect your choice of agent, if the situation ever arises. Give copies of the completed form to your agent and your alternate agent. Put one copy in a safe place at home and one copy to the hospital. You may also, for a small fee, file a copy with the Register-in-Probate in your county's Probate Court office. Discuss with close family members your choice of agent and your health care preferences. Ask them, too, to respect your choice of agent and your decisions and to honor those decisions, if the situation ever arises. Complete the wallet card and put it in your wallet.

Download the form (requires Adobe Acrobat version 3.0)

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25 SUGGESTED TOPICS TO DISCUSS
WITH YOUR HEALTH CARE AGENT

Before having your health care agent sign any forms, you should discuss your beliefs and wishes with him or her. When instructing your health care agent about your wishes in the event you become incapacitated and they need to make health care decisions, we suggest you consider the following questions. We suggest no particular answers. Each person should answer these questions based on their own beliefs and convey those beliefs and wishes to their health care agent. Any other wishes or desires that you feel your health care agent should know should also be given to them so that they can carry out their responsibilities as you would wish.

1. Do you think it is a good idea to sign a legal document that says what medical treatments you want and do not want when you are dying? (This is called a "living will").

2. Do you think you would want to have any of the following medical treatments performed on you?

a. Kidney dialysis (used if your kidneys stop working)
b. cardiopulmonary resuscitation, also called CPR (used if your heart stops beating)
c. respirator (used if you are unable to breathe on your own)
d. artificial nutrition (used if you are unable to eat food)
e. artificial hydration (used if you are unable to drink fluids)

3. Do you want to donate parts of your body to someone else at the time of your death? (This is called "organ donation.")

4. How would you describe your current health status? If you currently have any medical problems, how would you describe them?

5. If you have current medical problems, in what ways, if any, do they affect your ability to function?

6. How do you feel about your current health status?

7. If you have a doctor, do you like him or her? Why?

8. Do you think your doctor should make the final decision about any medical treatments you might need?

9. How important is independence and self-sufficiency in your life?

10. If your physical and mental abilities were decreased, how would that affect your attitude toward independence and self-sufficiency?

11. Do you wish to make any general comments about the value of independence and control in your life?

12. Do you expect that your friends, family and/or others will support your decisions regarding medical treatment you may need now or in the future?

13. What will be important to you when you are dying (e.g., physical comfort, no pain, family members present, etc.)?

14. Where would you prefer to die?

15. What is your attitude toward death?

16. How do you feel about the use of life-sustaining measures in the face of terminal illness?

17. How do you feel about the use of life-sustaining measures in the face of permanent coma?

18. How do you feel about the use of life-sustaining measures in the face of irreversible chronic illness (e.g., Alzheimer's disease)?

19. Do you wish to make any general comments about your attitude toward illness, dying, and death?

20. What is your religious background?

21. How do your religious beliefs affect your attitude toward serious or terminal illness?

22. Does your attitude toward death find support in your religion?

23. How does your faith community, church or synagogue view the role of prayer or religious sacraments in an illness?

24. Do you wish to make any general comments about your religious background and beliefs?

25. What else do you feel is important for your agent to know?

If, over time, your beliefs or attitudes in any area change, you should inform your health care agent. It is also wise to inform your health care agent of the status of your health when there are changes such as new diagnoses. In the event you are informed of a terminal illness, this, as well as the ramifications of it, should be discussed with him or her. How well your health care agent performs depends on how well you have prepared them.

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SUGGESTED ADDITIONAL LANGUAGE FOR YOUR POWER OF ATTORNEY FOR HEALTH CARE DOCUMENT - "SPECIAL PROVISIONS" SECTION AND TO BE DISCUSSED WITH YOUR HEALTH CARE AGENT

Listed below are suggested topics for you to discuss with your health care agent. This list is divided into various categories which should be considered. It is essential that you discuss your choices with your health care agent (and health care providers) while you are competent so that they fully understand what you want them to do.

THE USE OF LIFE-SUSTAINING PROCEDURES

Do you wish to require a physician's determination that the medical condition is irreversible coma, vegetative state, terminal condition, etc.?

Your Wishes On The Removal Of Life-Sustaining Procedures

1. I do not wish to be kept alive on life-sustaining procedures. My health care agent may determine the timing of the discontinuation of treatment.

2. My health care agent may make any decisions needed about life support procedures, including the decision to discontinue tube feeding and hydration and other treatments.

3. I do not wish to be kept alive on artificial life-sustaining equipment, including feeding or hydration, if these procedures would only serve to prolong the dying process or maintain me in a persistent vegetative state.

4. Do not start or continue life-sustaining procedures if my condition is stable and full independent functional capacity is not expected to return.

5. I do not want my life to be artificially or forcibly prolonged, unless there is some hope that both my physical and mental health may be restored.

6. I wish all tube feeding and hydration removed except the kind and amount needed to prevent stressful dehydration of the mouth and skin, so as to maximize comfort and minimize nursing care.

Your Wishes On The Continued Use Of Life-Sustaining Equipment

1. I wish that all life-sustaining equipment and tube feeding and hydration be used for as long as possible.

2. I wish that any medical treatment that will prolong my life be used, including chemotherapy, radiation treatment, kidney dialysis and tube feeding and hydration.

Your Wishes On Time Constraints

1. If I should be in a coma for at least _____ days and the coma is certified to be irreversible by a physician, I direct that all life-sustaining equipment, including tube feeding and hydration, be removed.

Your Wishes On Resuscitation And Other Heroic Measures

1. Do not start or continue life-sustaining procedures if my condition is stable and full independent functional capacity is not expected to return.

2. If death is imminent, I want respiration discontinued and no CPR.

Your Wishes On Organ Donation

1. My agent may not donate any organs under any circumstances.

2. My agent may authorize organ donations and autopsy.

3. I wish to donate my entire body to medical research.

Your Wishes On Nursing Home Placement

1. I would prefer not to be placed in a nursing home (and/or community-based residential facility) unless it is absolutely necessary and all community resources have been exhausted.

2. I prefer to stay in my own home as long as possible.

3. I prefer to go to a nursing home rather than impose on my children.

Your Wishes On Preferred Physician And/Or Long-Term Care Facilities

1. If consistent with my medical treatment, I would prefer to be treated at _________________________________ Hospital.

2. I prefer to be treated by Physician _________________________________, if possible.

3. If it is necessary for me to be placed in a nursing home, I would prefer (or prefer to avoid) _________________________________ Nursing Home.

Your Wishes On Revocation Of Prior Living Wills

1. I revoke any prior executed living will executed on ______________________ (date if possible). My health care agent can make the decision to withhold or withdraw life- sustaining procedures.

2. I authorize my health care agent to make all decisions not already covered in my living will so as to cover those conditions where I am not terminally ill and/or my death is not imminent, as well as all procedures not covered by my living will.

Your Wishes On The Use Of Experimental Treatment/Possible Suggestions For Patients Who Are HIV Positive

1. I wish my health care agent to authorize all experimental drugs and treatment available which are supervised by a licensed health care professional.

2. I wish no AZT or other experimental drugs or experimental procedures if these procedures would only serve to prolong the dying process or maintain me in a vegetative state.

3. I authorize my health care agent to disclose my condition and prognosis only to my health care providers and X, Y and Z.

4. I wish my health care agent to authorize all comfort measures, including narcotics, to the extent necessary to alleviate all of my pain, regardless of the possibility of addiction.

Your Wishes On The Alleviation Of Pain

1. My desire is that pain should be alleviated to the extent possible, even though its use may lead to physical damage, addiction or even hasten (but not cause) death.

Your Wishes On Religious Preferences

1. I wish to be treated at a (Catholic, Lutheran, etc.) nursing home/hospital if at all possible.

2. I wish to have religious services provided to me once a week, even if I am unable to fully participate.

3. In the event of a terminal or life threatening situation, I wish to receive my last rites.

4. I wish to be visited by my minister/priest/pastor on a regular basis.

Your Wishes On Visitation

1. I wish that only X, Y and Z be allowed to visit me.

2. I want all visitors to be able to visit me, unless inconsistent with my medical treatment.

Your Wishes Regarding Consultation

1. I would like my health care agent to consult with _________________________________ before making any of my health care decisions.

2. I wish my health care agent to keep my children informed of my health care condition.

Any Miscellaneous Wishes

1. If at all possible, I wish to be able to listen to _________________________________ music at least once a day/week.

2. I do not want to wear checks/plaids/purple/polyester when I am no longer able to choose my own clothing.

3. If at all possible, I want the daily/Sunday paper/books delivered to me regardless of my ability to comprehend their contents.

4. Unless it would be inconsistent with my health care, I never want to be put on a diet simply to control my weight.


Last updated: August 15, 1997
By:
Gail Schwersenska

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