Advance Care Planning

A power of attorney (POA) is a legal form that allows how you to choose a person to act on your behalf if you are unable to do so yourself. You give your “agent” or “approved decision-maker” the legal power (power of attorney) to make certain decisions for you.

People sometimes have a power of attorney for financial (money) decisions, but you can—and should—also have a power of attorney for health care. Depending on your documents, a financial agent may not be able to make decisions about health care, and a health care agent may not be able to make decisions about money. You can decide if you want the same person to have both powers.

A Power of Attorney for Health Care agent should be a person you know well and would trust to make decisions about matters such as surgery, therapies, medicines, when to use emergency treatment or go to the hospital, and whether and when to move you into a long-term care facility.

For a new Wisconsin POA form to be valid, you and two witnesses must sign at the same time, and the witnesses cannot be relatives, financial or health care agents, or a current health-care provider.

This document will not be used until you need it. Your agent cannot make decisions for you right away— unless you want them to. If you are able to make your own decisions, your agent cannot do so on your behalf.

Each state has its own rules, but in Wisconsin, “incapacity” is a legal term for when two doctors—or a doctor and another advanced care provider—agree that someone is not able to understand or to communicate, so they are unable to make their own health care decisions.

We should not think of incapacity as part of aging. A person of any age can have an accident or serious illness that leaves them unable to voice their health care wishes. That’s why it’s important for everyone aged 18 and older to create advance directives.

For the agents listed in a Power of Attorney for Health Care document to become “active,” an official Statement of Incapacity must be signed by two doctors. Until then, you will be treated as your own decision-maker.

A living will allows you to choose which lifesaving measures can or cannot be used if you are near death or in an ongoing unconscious state. A living will does not name an agent to make decisions for you. For this document to be valid, you and two witnesses must sign at the same time.

This document will not be active until you need it: Two doctors must agree about your status first.

A DNR (do-not-resuscitate) order is used only when an adult has a terminal condition or would suffer pain or harm from attempts to bring them back to life if their heart or breathing stops.

You can speak with your primary doctor/health care provider about having a DNR order. They, or another doctor who has seen you, must complete the form for it to be legal.

Once completed, this document goes into effect right away. You will wear a bracelet to share your wishes with health care staff who might help you during an emergency.