Living Wills and Advance Directives in Wisconsin

Wisconsin's living will is called a 'declaration to health care professionals.' Any person of sound mind who is 18 or older may sign one authorizing the withholding or withdrawal of life-sustaining procedures or feeding tubes when in a terminal condition or a persistent vegetative state. It must be signed by the declarant in the presence of two qualified witnesses (or, if the declarant cannot sign, by another person at the declarant's express direction in the declarant's presence, before two witnesses). It takes effect on signing, and the declarant must notify the attending health care professional, who adds it to the medical record. It is separate from the power of attorney for health care.

Wisconsin uses a power of attorney for health care. A person 18 or older and of sound mind may sign one; it must be in writing, dated and signed in the presence of two adult witnesses who are not related to the principal by blood, marriage, adoption or domestic partnership, not entitled to any part of the estate, not directly financially responsible for the principal's care, not the agent, and not the principal's current health care provider (or certain employees). Unless it says otherwise, it takes effect when two physicians (or a physician and a licensed advanced practice clinician) personally examine the principal and find incapacity. Remote witnessing under attorney supervision is allowed.