Advance Directives
What are advance directives?
An advance directive is a written instruction that you make while you are mentally competent that states how you want your health care decisions to be made if you become incapacitated or cannot express your wishes. Advance directives guide your physician and other health care professionals, and relieve your family and friends from the burden of guessing what types of care and treatment you would want to receive.
Wisconsin statutes recognize two forms of advance directives - the Declarations to Physicians ("living will") and the Power of Attorney for Health Care.
Declaration to Physicians (living will)
This describes the kind of life-sustaining care you would want only if you were in a terminal condition or were in a persistent vegetative state. The declaration directs your physician whether to withhold or withdraw life-sustaining treatment or a feeding tube if you develop an illness or injury that cannot be cured and your death is imminent. A Declaration to Physicians does not give authority to anyone to make health care decisions on your behalf.
Power of Attorney for Health Care
This appoints an agent to make all health care decisions for you (not just those concerning life-sustaining treatment) if you lose the ability to make health care decisions for yourself. Your agent can tell the physician or hospital exactly what care you would want.
Forms and Instructions
Fill Out the Directive
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Get The Form here.
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Print out the form. If you have difficulty printing out the form, please call the Aspirus Information Center at 715-847-2380 or 1-800-847-4707.
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Read the forms carefully and follow all the steps.
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Attach extra pages if there isn't room to write all your wishes.
Sign the Forms
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Sign and date the forms in front of two witnesses not related to you and not a health care professional that is providing care for you.
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If you add pages, sign and date each page. Write on the form the number of pages you've added.
Make Copies
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Keep the forms you signed in a place where they can be found easily. Don't lock them in a safe-deposit box.
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Give a copy to your agent and alternates, your doctors, and loved ones. Keep extra copies in case you go to a hospital or nursing home.
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Mail or Fax a copy to:
Aspirus Wausau Hospital
Health Information Management
333 Pine Ridge Boulevard
Wausau 54401
Fax: (715) 847-2384
Frequently Asked Questions
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Why should I have an advance directive?
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An advance directive allows you to make your wishes clear to your family, friends, and health care professionals while you are still able to do so; and it helps prevent disagreements among your family members about what treatment you should receive if you are incapacitated.
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What if I don't have an advance directive?
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If you don't have an advance directive, and you are incapacitated, your decisions may be made by your physician and your surrogate decision-maker, according to Wisconsin law.
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When should I prepare an advance directive?
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Now. While most people first think about preparing an advance directive when they are admitted to a hospital or nursing home, it is a good idea to think about doing so now - while your health permits you to do so.
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Which document is right for me?
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The Power of Attorney for Health Care is more complete and is preferred over the Declaration to Physicians. However, if you do not have a health care agent, the declaration to physicians is your only option. If you have both a Declaration to Physicians and a Health Care Power of Attorney, be sure they are consistent. If there is any conflict between the two, the Health Care Power of Attorney will over rule the Declaration to Physicians.
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What if I don't know who to name as my agent?
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You can still write down the treatment you'd want. You can also ask a friend, a minister, or a senior citizen program to help you find an agent.
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Must I have an advance directive to receive care?
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No. You can't be refused medical care or health insurance because you don't have a directive.
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Will I be refused care if I have an advance directive?
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No. Treatment will not be refused or stopped until your doctors are sure that it wouldn't provide the results you'd want.
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What rights do I have about the medical care I receive?
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As a competent adult, you have the right to make your own decisions about medical care, including accepting or refusing treatment.
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What if I change my mind about my wishes?
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Your Declaration to Physicians and your Power of Attorney for Health Care will last from the time they are created until your death, unless they are revoked or changed. They can be revoked or changed, regardless of your mental or physical condition, at any time if you do any of the following:
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Tear, burn, obliterate or destroy the document or direct someone else to do so in your presence;
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Write and sign a cancellation;
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Verbally express your intent to cancel the document in the presence of two witnesses and notify your doctor of the revocation;
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Write a new document.
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Where should I keep my advance directive?
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Keep one copy of your directive with your other important documents. Let your loved ones and your health care agent (if you have one) know that you have an advance directive, and give them a copy. You also may use a wallet card that indicates that you have an advance directive and where it can be found. Be sure that one copy of your advance directive is included in your physician's medical record and at the hospital that would treat you. You may choose to carry your advance directive with you when you travel.
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Where is my directive valid?
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Your directive is valid in Wisconsin. If you spend considerable time in another state, you should also have one prepared in that state.
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What is the patient self-determination act?
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This federal statute and regulation requires all health institutions (hospitals, long term care facilities, hospices, and home health agencies) to:
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Ask an adult at admission if they have an advance directive;
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Document the person's response;
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Provide written information to the adult about their right to refuse medical/surgical treatment under the statute of the state and the policies and standards of that institution.
These health institutions must also:
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What if I travel?
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Take a copy of your directive with you when you travel. Tell someone with you where it is. Many states honor a directive from another state.
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What if I move?
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It's best to make a new directive if you move to a new state. If you live part of the year in another state, do a form for each state.
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What if I change my mind?
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You can change or cancel the directive at any time.
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What if I make a new directive?
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Destroy all copies of the old directive. Then give copies of the new one to those who got the old one.
Definition of Terms
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A Will
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A legal document used to divide assets and property after one's death.
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A Living Will
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Written instructions that tell physicians and family members what life-sustaining treatment one does or does not want if one becomes unable to make decisions at some future time.
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Power of Attorney
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A legal document in which one person gives another the authority to make specified financial decisions or to assume certain financial responsibilities. If this authority extends after the time that the person who made the appointment becomes incompetent, it is called a durable power of attorney.
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Power of Attorney for Health Care
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In this legal document a person (called a principal) appoints someone else (called an agent) to make his/her health care decisions in the event he/she becomes incapable of making decisions.
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Agent for Power of Attorney for Health Care
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The Power of Attorney for Health Care requires an agent be selected that will speak on your behalf if you are no longer able to speak for yourself. That agent may be any adult (18 years or older) you choose that cares for you and will respect your wishes
