![Wisconsin Advance Directive Form [PDF]](/_next/image?url=%2Fimages%2Fdocuments%2Fadvance-directive-general.png&w=3840&q=75)
An advance directive in Wisconsin, commonly called a “declaration,” is a legal document in which an individual outlines their future medical care preferences.
It typically includes a living will specifying the person's wishes for end-of-life care and a durable power of attorney for healthcare, also known as a medical power of attorney. The document designates a trusted agent to make healthcare decisions on behalf of the declarant if they are unable to do so themselves.
Signing Requirements for the Wisconsin Advance Health Care Directive
As outlined in Section 154.03 of the Wisconsin State Legislature, an advance directive must meet specific conditions to be valid and effective:
Signing Requirements Wisconsin
The declarant must sign the document in the presence of two witnesses, who must also sign.
A witness stating the witnesses cannot be:
Related to the declarant by blood, marriage, or adoption.
Have any claim to the declarant's estate.
Be financially responsible for the declarant's healthcare.
Be healthcare providers or employees (other than chaplains or social workers) serving the declarant at the time of signing.
Be under 18 years of age.
If the declarant is physically unable to sign, another person may sign on their behalf at the declarant's direction, provided this is done in the presence of the two witnesses.
Wisconsin Advance Health Care Directive Revocation & Changing
The Wisconsin advance directive becomes effective when the declarant is determined to be incapacitated. This means that if the principal is unable to make or communicate their own health care decisions due to a medical condition, the advance directive will guide health care providers in following the principal’s wishes.
According to Section 154.05, the declarant can revoke an advance directive for health care at any time by:
Revocation & Changing
Destroying it
Writing a revocation statement, signed and dated by the person
Verbally creating the intention to revoke
Creating a new one that overrides the old one
Once revoked, the health care provider must record the time, date, and place of the revocation in the patient’s medical record.
Additional Legal Considerations for the Wisconsin Advance Health Care Directive
According to Section 154.11(3), a person cannot be forced to sign an advance directive for health care in order to get health insurance or receive health care services.
Also, as stated in Section 154.13, an advance directive in Wisconsin can be filed for safekeeping with the county’s register in probate, usually for a fee. If filed, authorized individuals, health care providers, courts involved in specific legal proceedings, or persons with a court order may access it without additional consent.
How to Choose a Health Care Agent in Wisconsin
To choose a Wisconsin health care proxy, select someone you trust, such as a family member, close relative, or friend. An agent should be someone who understands your values and wishes and who can handle difficult decisions under pressure.
Your agent must be at least 18 years old and not your health care provider or an employee of your health care facility. Consider someone who will respect your wishes and communicate effectively with doctors and your family; you should also make sure to discuss your preferences with your chosen agent ahead of time.
What Happens if You Don’t Have an Advance Directive in Wisconsin?
If you don’t have an advance directive in Wisconsin, your healthcare decisions will be left to family members, close friends, or even the court if disagreements arise. Since the state does not automatically assign someone to act on your behalf, your loved ones will make choices based on what they believe is best in certain situations.
Making an advance directive, a key part of your advance care planning, ensures that your medical preferences are honored and provides clarity during critical times.