A health care directive and living will is a type of advance health care directive (“advance directive“) that you can use to make medical choices in advance. If you have any feelings about medical procedures like feeding tubes and other life-sustaining procedures that only prolong natural death, you can make your wishes clear through your health care directive and living will. In the event that you are ever suffering from a terminal condition or a permanent vegetative state, your health care providers will then follow the instructions you laid out in your advance directives.

Although it can be tempting to avoid thinking about this topic, it is good to make your choices while you are still able to. This empowers you to make your own decisions on end-of-life care and may even prevent conflict among loved ones.

In Wisconsin, you have the option of choosing someone to make health care decisions for you if you become unable to. This person is known as a health care agent. You may hear people referring to them as a health care proxy too. If you would like to name a health care agent, you can do so through a legal document called a health care power of attorney (a “POA”). This is another type of advance directive. Wisconsin’s name for this particular document is the “Wisconsin Power of Attorney for Health Care.”

Your agent will have broad authority over your health care if you become medically incapacitated. Their duty is to carry out the terms of your advance directives. But if issues arise that are not covered by your advance directives, they should act in your best interest. They should also consider their knowledge of your preferences and values when making your health care decisions.

According to chapter 155 of the Wisconsin statutes, your agent will be able to:

• Consent to medical procedures for you
• Sign waivers or liability releases on your behalf
• Admit you to a nursing home under certain circumstances
• Consent to the removal of a feeding tube

Note that the agent can only consent to remove feeding tubes if you gave them this authority in the POA document. Further, the removal is only permitted if it will not cause increased pain or discomfort.

Because they will have extensive powers over your health care, you should select an agent who is familiar with your health care wishes and who agrees with your choices. At the very least, they should not have strong disagreements on your selections. Further, you should choose someone you trust, and who is capable of being assertive with your doctors and loved ones to advocate for your wishes. Many people choose a close loved one like a spouse, sibling, parent, or adult child for this important role.

Before committing to an agent, you should discuss this responsibility with them. You will need to make sure that they are willing and able to direct your medical care if needed. It is also a good idea to choose an alternative agent if your primary one is unable or unwilling to carry out their duties.

Under chapter 154 of Wisconsin’s statutes, you must sign your health care directive and living will or direct someone to sign it on your behalf. There must be two witnesses present at the time of signing who must sign their names to your document, too.

The following individuals may not witness your signature:

• Your relatives
• Anyone who could inherit from you
• Your health care provider or their employee
• An employee of a health care facility where you are a patient
• Anyone who is financially responsible for your health care

These limitations may eliminate many people in your inner circle from witnessing your health care directive and living will. You may need to reach out to friends, neighbors, or other acquaintances to find appropriate witnesses.

Once you have signed your documents, you need to make sure they get into the hands of the people who are involved in your health care. Your health care agent, close loved ones, and medical providers should all receive copies so they can carry out your wishes if the need arises.

You may wish to formally file your advance directives as well. Under Wisconsin law, you have the option of filing your advance directive with the register in probate for your county of residence. Your health care provider will then be able to request your advance directives from the court if they need them.

You do not have to file your advance directive, but it might be a good backup strategy. This way, if your loved ones or agent misplace their copies, your doctors can still get access to your medical instructions. To learn more about this process, you should contact your county’s probate court.

After you have completed your advance directives, you should review them every few years at least. This will help to ensure that they continue to reflect your health care wishes. You may need to revise your advance directives even sooner if you go through any major life changes.

For instance, if you go through a divorce or a substantial conflict with your health care agent, you will probably want to name a different agent. This will require a new POA document. The same might be true if you go through a long-distance relocation that moves you far away from your agent. Advances in medical technology or even a simple change of heart could cause you to rethink your choices in your health care directive and living will.

If you create your living will with FindLaw, you can make unlimited updates to it for any reason for a full year after purchase. There is no additional charge for these revisions.