Advance Directives are legal documents that are completed by adults in advance of an illness or accident that would leave you unable to express your wishes. In Wisconsin, two important advance medical directives are the Power of Attorney for Health Care and the Declaration to Physicians (commonly referred to as a Living Will).

What is a Declaration to Physicians (Living Will)?

• A document in which you can state your care wishes about life-support machines or feeding tubes if you become terminally ill or you lapse into a persistent vegetative state (permanent coma).
• A Living Will does not allow you to name someone to make decisions for you

 What is a Power of Attorney for Health Care?

• A document in which you can appoint a family member or friend (who is 18 years or older) you trust to make health care decisions for you if your doctors determine you can no longer make your own medical decisions.
• You may also name an alternate decision maker if the first decision maker is unwilling or unable to make decisions when needed.

Do I need both a Living Will and a Power of Attorney?

No. You may have one or both documents. The POA-HC is a broader document which allows you to name a decision maker in the event you can no longer make your own decisions. The Living Will is a place to answer three specific questions on end-of-life issues.

Why are these documents important?

• It is the best way for you to have control in making sure your health care wishes are followed when you are unable to speak for yourself.
• It may decrease disagreements between your family members.
• It may help your family avoid paying for guardianship. 
  • In the state of Wisconsin, once patients are under medical guardianship, their guardians are not allowed to withdraw or withhold life sustaining procedures unless they are in a persistent vegetative state or made an advance directive or other clear instructions that they would not want life support used. 
  • In the state of Wisconsin, patients that need to be transferred to a skilled nursing facility must be able to sign themselves in, have an activated power of attorney for health care, or a guardian.