Secure Your Wishes: Wisconsin Advance Directives and Living Wills
Wisconsin recognizes two main health care advance directives: a Living Will (Declaration to Health Care Professionals) and a Power of Attorney for Health Care (POA-HC). The Living Will states your wishes for certain end-of-life treatments; the POA-HC appoints an agent to make broader decisions if you cannot. Use the statutory forms and witness rules, share copies with your care team, and review after life changes. For help preparing compliant documents, contact our team.
In Wisconsin, an advance directive lets you state your health care wishes and/or appoint someone to decide for you if you become unable to do so. See Wisconsin Statutes ch. 154 (Living Will) and ch. 155 (POA-HC), and the Wisconsin Department of Health Services forms and guidance here.
Living Will (Declaration to Health Care Professionals)
A Living Will lets you express preferences about life-sustaining procedures and feeding tubes if you have a terminal condition or are in a persistent vegetative state and cannot communicate. It guides your medical team and loved ones but does not appoint a decision-maker. See Wis. Stat. ch. 154.
Power of Attorney for Health Care (POA-HC)
A POA-HC allows you to appoint an agent (and alternates) to make health care decisions when you lack decisional capacity. Your agent can consult with your doctors, access medical information, and consent to or refuse treatments consistent with your wishes. Many people complete both a POA-HC and a Living Will so general guidance (Living Will) and decision-making authority (POA-HC) work together. See Wis. Stat. ch. 155.
Capacity and Eligibility
You must be a competent adult—at least 18 and of sound mind—to execute a Wisconsin Living Will or POA-HC. If there is doubt, a clinician may evaluate your decisional capacity at signing or when the document is used. See ch. 154 and ch. 155.
Execution and Witnessing Requirements
Wisconsin requires formal execution. The statutory forms must be signed by you and witnessed by two qualified adult witnesses. Certain individuals may not witness (for example, your current health care provider or some provider employees, and certain relatives or others with specified conflicts). The official forms list the disqualifications and include the proper signature blocks. See ch. 154, ch. 155, and the DHS forms page here.
When Your Agent’s Authority Begins
For a POA-HC, your agent’s authority typically begins after the statutorily required certification that you lack decisional capacity under Wisconsin law. Until then, you retain full control over your health care decisions. See ch. 155.
Scope of Decisions and Limits
Your agent must act in good faith, consistent with your expressed wishes and best interests. You can limit or expand your agent’s powers in the POA-HC, including directions about life-sustaining treatment, pain management, organ donation, and long-term care placement. Some decisions—such as certain mental health treatments or admission to specific facilities—may require explicit authorization or are subject to additional safeguards. See ch. 155.
Revocation and Changes
While you have capacity, you may revoke or replace your advance directives. Revocation can be in writing, by destroying the document, or by clearly expressing your intent to revoke. If you change your wishes, execute a new document and distribute updated copies so your care team and loved ones rely on the current version. See ch. 154 and ch. 155.
Out-of-State Recognition
Wisconsin generally honors advance directives validly executed in another state if not contrary to Wisconsin public policy. If you live part-time elsewhere, consider preparing documents that satisfy each state’s requirements and discuss them with your clinicians. See ch. 154 and ch. 155.
Access, Storage, and Sharing
- Keep originals in a safe but accessible place (not a bank safe-deposit box).
- Give copies to your agent(s), alternates, primary care clinician, relevant specialists, and preferred hospital.
- Carry a wallet card noting you have an advance directive and who to contact.
- Ask your clinic or health system to upload the document to your electronic health record.
- Bring a copy to any new provider. See DHS forms and guidance here.
Updating After Major Life Events
Review your documents after marriage, divorce, a new diagnosis, surgery, or if your named agent dies or becomes unavailable. Re-discuss your values and preferences with your agent so they can advocate for you.
Practical Tips to Get Started
- Use Wisconsin’s statutory forms for the Living Will and the POA-HC (DHS forms).
- Choose an agent who is willing and available to speak up for you.
- Be specific about your values (comfort-focused care, trial periods for life support, feeding tube preferences, and pain control).
- Discuss your decisions with family to reduce confusion and conflict.
- Ensure your agent has permission to access medical records and speak with your clinicians.
Checklist: Signing Your Wisconsin Advance Directives
- Confirm you are at least 18 and of sound mind.
- Complete the correct Wisconsin statutory forms (Living Will and/or POA-HC).
- Line through or add any optional instructions you want to customize.
- Arrange two qualified adult witnesses; verify they are not disqualified.
- Sign and date in the presence of both witnesses; have witnesses sign.
- Make copies and distribute to your agent(s), alternates, and providers.
- Ask your clinic to upload to your electronic health record.
- Carry a wallet card; store originals in an accessible place.
FAQ
Is a Living Will the same as a DNR in Wisconsin?
No. A Living Will states your preferences for certain end-of-life treatments. A Do-Not-Resuscitate (DNR) order is a medical order signed by a clinician. You can have both; they serve different purposes.
Can my spouse or adult child be my POA-HC agent?
Yes, if they are an adult and not otherwise disqualified. Choose someone who understands your values and can communicate effectively with your providers.
Do I need a notary?
Wisconsin’s Living Will and POA-HC forms require two qualified witnesses. A notary is not a substitute for witnesses unless the specific form provides otherwise.
Will Wisconsin honor my out-of-state advance directive?
Generally yes, if it complied with the law of the state where executed and does not conflict with Wisconsin public policy.
How Our Firm Can Help
We help clients select and document health care wishes, coordinate Living Wills and POA-HCs, align them with HIPAA releases and estate plans, and ensure proper execution and witness eligibility. We also review out-of-state documents and help with updates when circumstances change. Get started with a consultation.
Disclaimer
This post provides general information about Wisconsin law and is not legal advice. Laws change and outcomes depend on your facts. Consult a Wisconsin-licensed attorney about your situation.