{"id":377329,"date":"2016-03-31T21:37:19","date_gmt":"2016-04-01T02:37:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/wisconsin-law\/wisconsin-living-wills-laws.html"},"modified":"2021-03-12T16:47:02","modified_gmt":"2021-03-12T21:47:02","slug":"wisconsin-living-wills-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/wisconsin-law\/wisconsin-living-wills-laws.html","title":{"rendered":"Wisconsin Living Wills Laws"},"content":{"rendered":"\n
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Wisconsin Living Wills Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

None of us want to think about bad things happening to our family and loved ones. But should the unthinkable happen, and someone we love becomes incapacitated and needs medical attention, it\u2019s best to have a plan in place. Living wills can provide that plan. This is a quick introduction to living wills laws in Wisconsin.<\/p>\r\n

Living Wills Laws<\/h2>\r\n

While the legal wills we normally think of generally address what happens to a person\u2019s property after they pass away, living wills<\/a> are a little different. A living will is a legally binding document that expresses an individual’s medical treatment preferences, if they aren’t able to express those preferences themselves. More specifically, living wills can detail whether a patient wants to be kept alive by artificial means after a debilitating injury or illness. A living will can also indicate the treatment options a patient prefers, should he or she become unable to communicate.<\/p>\r\n

Wisconsin Living Wills Statutes<\/h2>\r\n

The chart below highlights the particulars of Wisconsin\u2019s living wills statutes.<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/td>\r\n

154.01, et seq. Natural Death<\/p>\r\n<\/td>\r\n<\/tr>

Specific Powers, Life-Prolonging Acts<\/p>\r\n<\/td>\r\n

Any medical procedure or intervention that would serve to prolong the dying process but not avert death; includes assistance in respiration, artificial maintenance of blood pressure and heart rate, blood transfusion, kidney dialysis, and similar procedures but does not include pain alleviation or provision of nutrition or hydration<\/p>\r\n<\/td>\r\n<\/tr>

Legal Requirements for Valid Living Will<\/p>\r\n<\/td>\r\n

(1) 18 yrs. and of sound mind; (2) signed; (3) in presence of 2 witnesses; (4) notify physician; (5) form: \u00a7154.03; (6) no effect during pregnancy; (7) may file with register in probate. Witnesses must not be related to declarant.<\/p>\r\n<\/td>\r\n<\/tr>

Revocation of Living Will<\/p>\r\n<\/td>\r\n

Revocable at any time by destruction of document, written revocation signed and dated, or verbal expression of revocation effective upon notifying physician. Desires of qualified patient supersede declaration at all times.<\/p>\r\n<\/td>\r\n<\/tr>

Validity from State-to-State<\/p>\r\n<\/td>\r\n

Declarations made in other states valid to the extent consistent with the laws of this state<\/p>\r\n<\/td>\r\n<\/tr>

If Physician Unwilling to Follow Durable Power of Attorney<\/p>\r\n<\/td>\r\n

Must make good faith effort to transfer<\/p>\r\n<\/td>\r\n<\/tr>

Immunity for Attending Physician<\/p>\r\n<\/td>\r\n

No criminal, civil, or professional liability when acting in good faith<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Wisconsin Living Wills Laws: Related Resources<\/h2>\r\n

Planning for a future illness or death is never easy. You can find additional articles and resources, including a sample living will form<\/a> and a sample living will with designation of a surrogate form<\/a>, in FindLaw\u2019s living wills<\/a> section. You can also contact a Wisconsin estate planning attorney<\/a> if you would like legal assistance in setting up a living will, or find an easy-to-use form here<\/a>.<\/p>\r\n

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