How do I create an advance healthcare directive in Wisconsin?
1. Types Recognized
Wisconsin recognizes: (a) Declaration to Physicians under the Natural Death Act (Wis. Stat. Ch. 154 — the living will), (b) Power of Attorney for Health Care (Wis. Stat. Ch. 155), (c) Authorization for Final Disposition (Wis. Stat. § 154.30), and (d) DNR (Wis. Stat. § 154.17 — orange wristband identification).
2. Statutory Form
Wis. Stat. § 154.03 contains the Declaration to Physicians form. Wis. Stat. § 155.30 contains the Power of Attorney for Health Care form. Use of the statutory forms is REQUIRED for full statutory protection — substantial compliance is recognized but the prescribed forms are safest.
3. Execution Formalities
DECLARATION: 18+ and of sound mind, signed by declarant in the presence of TWO competent adult witnesses who also sign (Wis. Stat. § 154.03(2)). POA-HC: 18+ and capable of understanding, signed in presence of TWO adult witnesses (Wis. Stat. § 155.10). Witnesses cannot be: related by blood/marriage/adoption, entitled to estate, healthcare provider/employee, the principal's spouse, parent, or child, or the health care agent.
4. Healthcare Agent Authority
Under Wis. Stat. § 155.20, the agent may make most healthcare decisions, but Wisconsin has STRICT limits: agent CANNOT consent to withholding/withdrawing artificial nutrition or hydration UNLESS such withholding is in accordance with the principal's specific instructions OR the principal has a persistent vegetative state. Agent also cannot consent to certain mental health treatments.
5. Pregnancy Clauses
Wis. Stat. § 154.03(2) and § 155.20(4): the Declaration and POA-HC are INEFFECTIVE during pregnancy. Wisconsin has one of the strictest absolute pregnancy exclusions; it remains in force post-Dobbs.
6. Reciprocity
Wis. Stat. § 155.70 honors POA-HC documents valid where executed; § 154.11 similarly for declarations.
7. DNR/POLST
Wisconsin DNR uses an orange wristband (Wis. Stat. § 154.17). Wisconsin POLST is recognized but not codified statewide.
8. Revocation
Under Wis. Stat. § 154.05 and § 155.40, the directive is revocable at any time regardless of mental state by: cancellation/destruction, written revocation, or oral statement of intent to revoke in presence of witness.
9. Default Surrogate
Wisconsin has NO comprehensive statutory surrogate hierarchy outside Ch. 155. Without a POA-HC, decisions for incapacitated patients typically require court-appointed guardianship under Ch. 54 or informal family consensus with hospital ethics consultation.
This is legal information, not legal advice.
- Strict ANH limits — need careful drafting if specific instructions desired
- Pregnancy absolute exclusion under § 154.03(2)
- No surrogate hierarchy — POA-HC essential to avoid guardianship
- Wis. Stat. Ch. 154 (Natural Death Act)
- Wis. Stat. Ch. 155 (POA for Health Care)
- Wis. Stat. § 155.20 (agent authority limits)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.