[Health Care Directive] Wisconsin [Health Care Directive] Wisconsin Step 1 of 15 6% Using these Materials BEFORE YOU BEGIN Check to be sure that you have the materials for each state in which you may receive health care. These materials include: Instructions for preparing your advance directive, please read all the instructions. Your state-specific advance directive forms, which are the pages with the gray instruction bar on the left side. ACTION STEPS You may want to photocopy or print a second set of these forms before you start so you will have a clean copy if you need to start over. When you begin to fill out the forms, refer to the gray instruction bars — they will guide you through the process. Talk with your family, friends, and physicians about your advance Be sure the person you appoint to make decisions on your behalf understands your wishes. Once the form is completed and signed, photocopy the form and give it to the person you have appointed to make decisions on your behalf, your family, friends, health care providers, and/or faith leaders so that the form is available in the event of an emergency. Wisconsin does not maintain an Advance Directive However, you may record your advance directive with the registry of probate in the county of your residence. You may also want to save a copy of your form in an online personal health records application, program, or service that allows you to share your medical documents with your physicians, family, and others who you want to take an active role in your advance care planning. INTRODUCTION TO YOUR WISCONSIN ADVANCE DIRECTIVE This packet contains a legal document, a Wisconsin Advance Directive, that protects your right to refuse medical treatment you do not want, or to request treatment you do want, in the event you lose the ability to make decisions yourself. You may complete Part II, Part III, or both, depending on your advance-planning needs. You must complete Part IV. Part I contains a statutory notice that explains the significance of Part II, the Wisconsin Power of Attorney for Health Care. Part II, The Wisconsin Power of Attorney for Health Care, lets you name someone, your “health care agent,” to make decisions about your medical care—including decisions about life-sustaining procedures—if you can no longer make your own health care decisions. The Power of Attorney for Health Care is especially useful because it appoints someone to speak for you any time you are unable to manage your own health care decisions, not only at the end of life. Your Power of Attorney for Health Care goes into effect when your doctor and one other doctor determines that you are unable to receive and evaluate information effectively or to communicate decisions to such an extent that you lack the ability to manage your health care decisions. Part III, The Wisconsin Declaration to Physicians, is your state’s living will. It lets you state your wishes about the withholding or withdrawal of life-sustaining procedures or of feeding tubes in the event that you enter into a persistent vegetative state or develop a terminal condition. Your Declaration will go into effect when your doctor and one other doctor certify in writing that you are no longer able to make or communicate your health care decisions, and you have a terminal condition or are in a persistent vegetative state. Part IV contains the signature and witnessing provisions so that your document will be effective. Following your advance directive is a Wisconsin Organ Donation Form This form only minimally addresses health care decisions for mental illness. If you would like to make advance care plans regarding mental illness, you should talk to your physician and an attorney about an advance directive tailored to your needs. Note: These documents will be legally binding only if the person completing them is a competent adult who is at least eighteen years old. COMPLETING YOUR WISCONSIN ADVANCE DIRECTIVE How do I make my Wisconsin Advance Directive legal? The law requires that you date and sign your Advance Directive or have an adult date and sign at your direction and in your presence. You must sign in the presence of two adult witnesses. These witnesses cannot be: related to you; entitled to, or have a claim against, any portion of your estate; directly financially responsible for your health care; your health care provider; an employee of your health care provider, other than a chaplain or a social worker; an employee of an inpatient health care facility in which you are a patient, other than a chaplain or a social worker; or your health care agent. Whom should I appoint as my health care agent? Your health care agent is the person you appoint to make decisions about your health care if you become unable to make those decisions yourself. Your health care agent may be a family member or a close friend whom you trust to make serious decisions. The person you name as your health care agent should clearly understand your wishes and be willing to accept the responsibility of making health care decisions for you. You can appoint a second person as your alternate health care agent. The alternate will step in if the first person you name as a health care agent is unable, unwilling, or unavailable to act for you. Unless he or she is related to you, the person you appoint as your health care agent cannot be: your treating health care provider, an employee of your treating health care provider, an employee of a health care facility in which you reside or are a patient, or a spouse of any of the above. Should I add personal instructions to my Wisconsin Advance Directive? One of the strongest reasons for naming a health care agent is to have someone who can respond flexibly as your health care situation changes and deal with situations that you did not foresee. If you add instructions to this document it may help your health care agent carry out your wishes, but be careful that you do not unintentionally restrict your health care agent’s power to act in your best interest. In any event, be sure to talk with your health care agent about your future medical care and describe what you consider to be an acceptable “quality of life.” What if I change my mind? You may revoke your Wisconsin Advance Directive at any time, by: defacing, burning, tearing, or otherwise destroying the document itself; signing and dating a written statement of your intent to revoke your Wisconsin Power of Attorney for Health care; expressing your intent to revoke your Wisconsin Advance Directive verbally in the presence of two witnesses (this revocation becomes effective only your doctor is notified of the revocation); or executing another Wisconsin Advance Directive. If you appoint your spouse or registered domestic partner, and you obtain a divorce, the marriage is annulled, or the domestic partnership is terminated, the power of attorney for health care is automatically revoked. Is there anything else I should know? If you are pregnant, you must initial the paragraph on page 6 of the form for Part II (Power of Attorney for Health Care) to be effective during your pregnancy. Part III (Declaration to Physicians) is not effective during your pregnancy. Your health care agent does not have the authority to consent to: admitting or committing you on an inpatient basis to an institution for mental diseases, admitting or committing you to an intermediate care facility for the mentally retarded, a state treatment facility or a treatment facility, experimental mental health research or psychosurgery, or electroconvulsive treatment or other “drastic” mental health treatment procedures. WISCONSIN ADVANCE DIRECTIVE – PAGE 1 OF 9 PART I. NOTICE TO PERSON MAKING THIS DOCUMENT YOU HAVE THE RIGHT TO MAKE DECISIONS ABOUT YOUR HEALTH CARE. NO HEALTH CARE MAY BE GIVEN TO YOU OVER YOUR OBJECTION, AND NECESSARY HEALTH CARE MAY NOT BE STOPPED OR WITHHELD IF YOU OBJECT. BECAUSE YOUR HEALTH CARE PROVIDERS IN SOME CASES MAY NOT HAVE HAD THE OPPORTUNITY TO ESTABLISH A LONG-TERM RELATIONSHIP WITH YOU, THEY ARE OFTEN UNFAMILIAR WITH YOUR BELIEFS AND VALUES AND THE DETAILS OF YOUR FAMILY RELATIONSHIPS. THIS POSES A PROBLEM IF YOU BECOME PHYSICALLY OR MENTALLY UNABLE TO MAKE DECISIONS ABOUT YOUR HEALTH CARE. IN ORDER TO AVOID THIS PROBLEM, YOU MAY SIGN THIS LEGAL DOCUMENT TO SPECIFY THE PERSON WHOM YOU WANT TO MAKE HEALTH CARE DECISIONS FOR YOU IF YOU ARE UNABLE TO MAKE THOSE DECISIONS PERSONALLY. THAT PERSON IS KNOWN AS YOUR HEALTH CARE AGENT. YOU SHOULD TAKE SOME TIME TO DISCUSS YOUR THOUGHTS AND BELIEFS ABOUT MEDICAL TREATMENT WITH THE PERSON OR PERSONS WHOM YOU HAVE SPECIFIED. YOU MAY STATE IN THIS DOCUMENT ANY TYPES OF HEALTH CARE THAT YOU DO OR DO NOT DESIRE, AND YOU MAY LIMIT THE AUTHORITY OF YOUR HEALTH CARE AGENT. IF YOUR HEALTH CARE AGENT IS UNAWARE OF YOUR DESIRES WITH RESPECT TO A PARTICULAR HEALTH CARE DECISION, HE OR SHE IS REQUIRED TO DETERMINE WHAT WOULD BE IN YOUR BEST INTERESTS IN MAKING THE DECISION. THIS IS AN IMPORTANT LEGAL DOCUMENT. IT GIVES YOUR AGENT BROAD POWERS TO MAKE HEALTH CARE DECISIONS FOR YOU. IT REVOKES ANY PRIOR POWER OF ATTORNEY FOR HEALTH CARE THAT YOU MAY HAVE MADE. IF YOU WISH TO CHANGE YOUR POWER OF ATTORNEY FOR HEALTH CARE, YOU MAY REVOKE THIS DOCUMENT AT ANY TIME BY DESTROYING IT, BY DIRECTING ANOTHER PERSON TO DESTROY IT IN YOUR PRESENCE, BY SIGNING A WRITTEN AND DATED STATEMENT OR BY STATING THAT IT IS REVOKED IN THE PRESENCE OF TWO WITNESSES. IF YOU REVOKE, YOU SHOULD NOTIFY YOUR AGENT, YOUR HEALTH CARE PROVIDERS AND ANY OTHER PERSON TO WHOM YOU HAVE GIVEN A COPY. IF YOUR AGENT IS YOUR SPOUSE AND YOUR MARRIAGE IS ANNULLED OR YOU ARE DIVORCED AFTER SIGNING THIS DOCUMENT, THE DOCUMENT IS INVALID. WISCONSIN ADVANCE DIRECTIVE – PAGE 2 OF 9 YOU MAY ALSO USE THIS DOCUMENT TO MAKE OR REFUSE TO MAKE AN ANATOMICAL GIFT UPON YOUR DEATH. IF YOU USE THIS DOCUMENT TO MAKE OR REFUSE TO MAKE AN ANATOMICAL GIFT, THIS DOCUMENT REVOKES ANY PRIOR RECORD OF GIFT THAT YOU MAY HAVE MADE. YOU MAY REVOKE OR CHANGE ANY ANATOMICAL GIFT THAT YOU MAKE BY THIS DOCUMENT BY CROSSING OUT THE ANATOMICAL GIFTS PROVISION IN THIS DOCUMENT. DO NOT SIGN THIS DOCUMENT UNLESS YOU CLEARLY UNDERSTAND IT. IT IS SUGGESTED THAT YOU KEEP THE ORIGINAL OF THIS DOCUMENT ON FILE WITH YOUR PHYSICIAN. WISCONSIN ADVANCE DIRECTIVE – PAGE 3 OF 9 PART II. WISCONSIN POWER OF ATTORNEY FOR HEALTH CAREDocument made this on MM slash DD slash YYYY CREATION OF POWER OF ATTORNEY FOR HEALTH CAREI, Address Date of birth MM slash DD slash YYYY being of sound mind, intend by this document to create a power of attorney for health care. My executing this power of attorney for health care is voluntary. Despite the creation of this power of attorney for health care, I expect to be fully informed about and allowed to participate in any health care decision for me, to the extent that I am able. For the purposes of this document, “health care decision” means an informed decision to accept, maintain, discontinue or refuse any care, treatment, service or procedure to maintain, diagnose or treat my physical or mental condition. In addition, I may, by this document, specify my wishes with respect to making an anatomical gift upon my death. DESIGNATION OF HEALTH CARE AGENTIf I am no longer able to make health care decisions for myself, due to my incapacity, I hereby designateName Address Telephone numberto be my health care agent for the purpose of making health care decisions on my behalf. WISCONSIN ADVANCE DIRECTIVE – PAGE 4 OF 9 If he or she is ever unable or unwilling to do so, I hereby designateName Address Telephone numberto be my alternate health care agent for the purpose of making health care decisions on my behalf. Neither my health care agent nor my alternate health care agent whom I have designated is my health care provider, an employee of my health care provider, an employee of a health care facility in which I am a patient or a spouse of any of those persons, unless he or she is also my relative. For purposes of this document, “incapacity” exists if 2 physicians or a physician and a psychologist who have personally examined me sign a statement that specifically expresses their opinion that I have a condition that means that I am unable to receive and evaluate information effectively or to communicate decisions to such an extent that I lack the capacity to manage my health care decisions. A copy of that statement must be attached to this document. GENERAL STATEMENT OF AUTHORITY GRANTED Unless I have specified otherwise in this document, if I ever have incapacity I instruct my health care provider to obtain the health care decision of my health care agent, if I need treatment, for all of my health care and treatment. I have discussed my desires thoroughly with my health care agent and believe that he or she understands my philosophy regarding the health care decisions I would make if I were able. I desire that my wishes be carried out through the authority given to my health care agent under this document. If I am unable, due to my incapacity, to make a health care decision, my health care agent is instructed to make the health care decision for me, but my health care agent should try to discuss with me any specific proposed health care if I am able to communicate in any manner, including by blinking my eyes. If this communication cannot be made, my health care agent shall base his or her decision on any health care choices that I have expressed prior to the time of the decision. If I have not expressed a health care choice about the health care in question and communication cannot be made, my health care agent shall base his or her health care decision on what he or she believes to be in my best interest. WISCONSIN ADVANCE DIRECTIVE – PAGE 5 OF 9 LIMITATIONS ON MENTAL HEALTH TREATMENT My health care agent may not admit or commit me on an inpatient basis to an institution for mental diseases, an intermediate care facility for the mentally retarded, a state treatment facility or a treatment facility. My health care agent may not consent to experimental mental health research or psychosurgery, electroconvulsive treatment or other drastic mental health treatment procedures for me. ADMISSION TO NURSING HOMES OR COMMUNITY-BASED RESIDENTIAL FACILITIES My health care agent may admit me to a nursing home or community- based residential facility for short -term stays for recuperative care or respite care. If I have initialed “Yes” in the following, my health care agent may admit me for a purpose other than recuperative care or respite care, but if I have initialed “No” to the following, my health care agent may not so admit me:1. A nursing home: Yes✔YesNo✔No2. A community-based residential facility: Yes✔YesNo✔NoIf I have not initialed either “Yes” or “No” immediately above, my health care agent may only admit me for short-term stays for recuperative care or respite care. PROVISION OF A FEEDING TUBE If I have initialed “Yes” to the following, my health care agent may have a feeding tube withheld or withdrawn from me, unless my physician has advised that, in his or her professional judgment, this will cause me pain or will reduce my comfort. If I have initialed “No” to the following, my health care agent may not have a feeding tube withheld or withdrawn from me. My health care agent may not have orally ingested nutrition or hydration withheld or withdrawn from me unless provision of the nutrition or hydration is medically contraindicated.Withhold or withdraw a feeding tube:Yes✔YesNo✔NoIf I have not initialed either “Yes” or “No” immediately above, my health care agent may not have a feeding tube withdrawn from me. WISCONSIN ADVANCE DIRECTIVE – PAGE 6 OF 9 HEALTH CARE DECISIONS FOR PREGNANT WOMEN If I have initialed “Yes” to the following, my health care agent may make health care decisions for me even if my agent knows I am pregnant. If I have initialed “No” to the following, my health care agent may not make health care decisions for me if my health care agent knows I am pregnant.Health care decision if I am pregnant:Yes✔YesNo✔NoIf I have not initialed either “Yes” or “No” immediately above, my health care agent may not make health care decisions for me if my health care agent knows I am pregnant. STATEMENT OF DESIRES, SPECIAL PROVISIONS OR LIMITATIONS In exercising authority under this document, my health care agent shall act consistently with my following stated desires, if any, and is subject to any special provisions or limitations that I specify. The following are specific desires, provisions or limitations that I wish to state (add more items if needed):ADD OTHER INSTRUCTIONS, IF ANY, REGARDING YOUR ADVANCE CARE PLANS THESE INSTRUCTIONS CAN FURTHER ADDRESS YOUR HEALTH CARE PLANS, SUCH AS YOUR WISHES REGARDING HOSPICE TREATMENT, BUT CAN ALSO ADDRESS OTHER ADVANCE PLANNING ISSUES, SUCH AS YOUR BURIAL WISHESINSPECTION AND DISCLOSURE OF INFORMATION RELATING TO MY PHYSICAL OR MENTAL HEALTH Subject to any limitations in this document, my health care agent has the authority to do all of the following: (a) Request, review and receive any information, oral or written, regarding my physical or mental health, including medical and hospital records. (b) Execute on my behalf any documents that may be required in order to obtain this information. (c) Consent to the disclosure of this information. WISCONSIN ADVANCE DIRECTIVE – PAGE 7 OF 9 PART III. DECLARATION TO PHYSICIANSI, being of sound mind, voluntarily state my desire that my dying not be prolonged under the circumstances specified in this document. Under those circumstances, I direct that I be permitted to die naturally. If I am unable to give directions regarding the use of life-sustaining procedures or feeding tubes, I intend that my family and physician honor this document as the final expression of my legal right to refuse medical or surgical treatment.Automatic revocation under Wis. Stat. § 155.40(2) of the Power of Attorney for Health Care in Part II due to the principal’s divorce, annulment of marriage, or termination of domestic partnership with his or her health care agent shall have no effect on this Declaration, Part III, which shall survive the invalidation of Part II. 1. If I have a TERMINAL CONDITION, as determined by two physicians who have personally examined me, I do not want my dying to be artificially prolonged and I do not want life-sustaining procedures to be used. In addition, the following are my directions regarding the use of feeding tubes:✔I want life-sustaining procedures used if I am in a persistent vegetative state.✔I do not want feeding tubes used if I have a terminal condition. (If you have not initialed either box, feeding tubes will be used.)2. If I am in a PERSISTENT VEGETATIVE STATE, as determined by two physicians who have personally examined me, the following are my directions regarding the use of life-sustaining procedures:✔I want life-sustaining procedures used if I am in a persistent vegetative state.✔I do not want life-sustaining procedures used if I am in a persistent vegetative state. (If you have not initialed either box, life-sustaining procedures will be used.) WISCONSIN ADVANCE DIRECTIVE – PAGE 8 OF 9 3. If I am in a PERSISTENT VEGETATIVE STATE, as determined by two physicians who have personally examined me, the following are my directions regarding the use of feeding tubes:Yes✔YesI want feeding tubes used if I am in a persistent vegetative state.No✔NoI do not want feeding tubes if I am in a persistent vegetative state.(If you have not initialed either box, feeding tubes will be used.) If you are interested in more information about the significant terms used in this document, see section 154.01 of the Wisconsin Statutes or the information accompanying this document. DIRECTIVES TO ATTENDING PHYSICIANS This document authorizes the withholding or withdrawing of life- sustaining procedures or of feeding tubes when two physicians, one of whom is the attending physician, have personally examined and certified in writing that the patient has a terminal condition or is in a persistent vegetative state. The choices in this document were made by a competent Under the law the patient’s stated desires must be followed unless you believe the withholding or withdrawing of life-sustaining procedures or feeding tubes would cause the patient pain or reduced comfort and that the pain or discomfort cannot be alleviated through pain relief measures. If the patient’s stated desires are that life- sustaining procedures or feeding tubes be used, this directive must be followed. If you feel that you cannot comply with this document, you must make a good faith attempt to transfer the patient to another physician who will comply. Refusal or failure to do so constitutes unprofessional conduct. If you know that the patient is pregnant, this document shall have no effect during her pergnancy. LOCATION OF COPIES The person making this living will may use the following space to record the names of those individuals and health care providers to whom he or she has given copies of this document: WISCONSIN ADVANCE DIRECTIVE – PAGE 9 OF 9 PART IV. EXECUTIONSignatureDate MM slash DD slash YYYY Name (The signing of this document by the principal revokes all previous powers of attorney for health care and declaration to physicians documents.) STATEMENT OF WITNESSES I know the principal personally and I believe him or her to be of sound mind and at least 18 years of age. I believe that his or her execution of this power of attorney for health care is voluntary. I am at least 18 years of age, am not related to the principal by blood, marriage or adoption and am not directly financially responsible for the principal’s health care. I am not a health care provider who is serving the principal at this time, an employee of the health care provider, other than a chaplain or a social worker, or an employee, other than a chaplain or a social worker, of an inpatient health care facility in which the declarant is a patient. I am not the principal’s health care agent. To the best of my knowledge, I am not entitled to and do not have a claim on the principal’s estate. Witness No. 1: SignatureName Date MM slash DD slash YYYY Address Witness No. 2: SignatureName Date MM slash DD slash YYYY Address WISCONSIN ORGAN DONATION FORM – PAGE 1 OF 1 ANATOMICAL GIFTS (OPTIONAL) Upon my death:✔I wish to donate only the following organs or parts:(specify the organs or parts) (specify the organs or parts)✔I wish to donate any needed organ or part.✔I wish to donate my body for anatomical study if needed.✔I refuse to make an anatomical gift. (If this revokes a prior commitment that I have made to make an anatomical gift to a designated donee, I will attempt to notify the donee to which or to whom I agreed to donate.)Failing to initial any of the lines immediately above creates no presumption about my desire to make or refuse to make an anatomical gift.(signature of principal)Date MM slash DD slash YYYY (printed name of principal) You Have Filled Out Your Health Care Directive, Now What? Your Wisconsin Advance Directive is an important legal Keep the original signed document in a secure but accessible place. Do not put the original document in a safe deposit box or any other security box that would keep others from having access to it. Give photocopies of the signed original to your agent and alternate agent, doctor(s), family, close friends, clergy, and anyone else who might become involved in your health If you enter a nursing home or hospital, have photocopies of your document placed in your medical records. Be sure to talk to your agent(s), doctor(s), clergy, family, and friends about your wishes concerning medical treatment. Discuss your wishes with them often, particularly if your medical condition changes. Wisconsin does not maintain an Advance Directive However, you may record your advance directive with the registry of probate in the county of your residence. You may also want to save a copy of your form in an online personal health records application, program, or service that allows you to share your medical documents with your physicians, family, and others who you want to take an active role in your advance care planning. If you want to make changes to your documents after they have been signed and witnessed, you must complete a new document. Remember, you can always revoke your Wisconsin document. Be aware that your Wisconsin document will not be effective in the event of a medical Ambulance and hospital emergency department personnel are required to provide cardiopulmonary resuscitation (CPR) unless they are given a separate directive that states otherwise. These directives, called “do-not-resuscitate orders,” are designed for people whose poor health gives them little chance of benefiting from CPR. These directives instruct ambulance and hospital emergency personnel not to attempt CPR if your heart or breathing should stop. Wisconsin law authorizes such orders. We suggest you speak to your physician if you are interested in obtaining one.PDF Preview