Wisconsin Living Will Attorney
What is a living will?
A living will allows you to communicate your preferences and wishes in terms of life-sustaining medical procedures if you are unable to speak for yourself. In Wisconsin, this document is formally known as a declaration to physicians.
What is a living will in Wisconsin?
Set of Instructions
While it is an essential part of an estate plan, a living will is not part of your will like the name may suggest. A Living Will only takes effect when you cannot speak for yourself and there’s no hope for your recovery if you are in a vegetative state or terminal condition. If the topic of life support comes up, then your living will becomes relevant and the law requires that the doctor and hospital be aware of the living will. In Wisconsin, two physicians must sign off that you are in a persistent vegetative state or have a terminal condition, once this occurs then your living will becomes effective.
A living will ensures that your wishes related to life-sustained medical procedures are followed by physicians and family members and allows you to maintain control over your medical treatment even when you cannot speak. It also helps eliminate disputes between family members who may disagree about what treatments you would want to receive. By clearly putting your wishes in writing, you can also help eliminate the guilt that a loved one faces when making a medical decision that could end the patient’s life.
A living will is a set of instructions about your wishes regarding life-sustaining procedures and feeding tubes if you are in a terminal condition or a persistent vegetative state. Unlike a health care power of attorney, a living will does not list a health care agent. Thus, to have a comprehensive estate plan and advance directive, you should also create a healthcare power of attorney document. Keep in mind when working with any attorney especially online will services to bring this up as most of the time, this is something that is overlooked.
Benefits of a Living Will in Wisconsin
Main Benefit:
In emergencies like a stroke without warning or a sudden illness, even an unexpected accident—life has a way of flipping our world upside down when we least expect it. But in those critical moments, wouldn’t it be comforting to know that your voice, your values, and your wishes were already documented and ready to be honored?
That’s exactly what a living will offers. Especially for residents of Wisconsin, creating a living will is more than just a legal formality—it’s a profound act of self-care and care for your loved ones. Let’s explore the key reasons why having one is essential. We will discuss over some additional benefits such as:
- Appoints a Medical Power of Attorney to make decisions if you’re unable
- Prevents family arguments by clearly stating your wishes
- Reduces the burden of decision-making on caretakers
- Refuses unwanted treatments you don’t wish to receive
- Ensures you receive the care you do want, even if you can’t communicate
- Allows advance planning for medical expenses, reducing financial stress
- Legal protection—your decisions are legally binding in Wisconsin
- Supports your values and beliefs, including personal or religious preferences
- Can be updated anytime to reflect changes in your life or health
Peace of Mind for You and Your Family
One of the greatest gifts a person can give to themselves and their loved ones is peace of mind. A living will ensures that your medical care aligns with your values and beliefs—even when you’re not able to express them. Whether it’s knowing you won’t be kept alive by machines you don’t want, or that your family won’t be burdened with agonizing decisions, this legal document gives you confidence that your future is in safe hands. In Wisconsin, this peace of mind is fully supported by state law. Your living will becomes a powerful guide for medical professionals and a protective shield for your family during moments of crisis.
Appoints a Trusted Medical Power of Attorney
A critical component of the living will process in Wisconsin is naming a Medical Power of Attorney—an individual you trust to make healthcare decisions if you’re incapacitated. This isn’t just a formality. It’s a strategic move that puts your care in the hands of someone level-headed, compassionate, and loyal to your wishes. Your Medical Power of Attorney (also called a healthcare agent) collaborates with doctors, nurses, and specialists to ensure the choices they make on your behalf reflect the instructions outlined in your living will. Choosing the right person is essential. It should be someone who can stay calm under pressure, speak clearly on your behalf, and navigate emotional family dynamics without losing sight of your goals.
Prevents Arguments Among Family Members
When families are under emotional distress—such as during an emergency or end-of-life situation—emotions can flare. One sibling might believe mom would want every medical effort extended, while another might argue for comfort-focused care. Without a clear roadmap, families can become divided. But your living will is that map. By specifying your medical wishes in writing, there’s no room for confusion or dispute. Your family won’t have to rely on memory, interpretation, or opinion. They’ll have clarity, which reduces stress, prevents conflict, and maintains unity during one of life’s most fragile times.
Reduces the Burden of Decision-Making
Picture this: your loved one is in a hospital room, surrounded by machines and medical staff asking urgent questions:
- “Do you want to continue life support?”
- “Should we insert a feeding tube?”
- “Do you approve this surgery?”
Now imagine they have to guess what you’d want. A living will lifts that heavy burden. By making these choices ahead of time, you’re sparing your family the agony of making life-or-death decisions. Instead of second-guessing themselves, your loved ones can focus on supporting you emotionally and spiritually—knowing they’re honoring your explicit instructions. Your Wisconsin Estate planning attorney will help guide you through these questions.
Refuses Treatments You Don’t Want
Not everyone wants to be kept alive through artificial means. Some people would rather avoid certain procedures altogether—such as prolonged mechanical ventilation, feeding tubes, or resuscitation efforts. With a living will, you’re empowered to say no to specific treatments. You can outline exactly what you do and don’t want. These preferences are then legally recognized and followed by healthcare providers in Wisconsin. This control ensures that your dignity is preserved, your values are respected, and that you won’t be subjected to interventions that contradict your beliefs or wishes.
Ensures the Medical Care You Do Want
Just as you can refuse treatments, your living will also allows you to affirm the care you do want. Maybe you want pain relief at all costs, or perhaps you prefer natural care over invasive methods. These choices are yours to make. Your living will serves as your voice—clear and unwavering—at a time when communication may be impossible. This ensures that you’ll receive the exact care you would have asked for if you could speak.
Allows You to Arrange Medical Expenses in Advance
It’s no secret: medical care can be expensive. Especially in emergency or end-of-life scenarios, hospital bills can add up quickly—leaving loved ones scrambling to pay for care. But a living will in Wisconsin gives you a chance to plan ahead. You can specify which insurance policies, savings accounts, or financial resources should be used to cover your care. This thoughtful step prevents financial strain and gives your family one less thing to worry about during a challenging time. Knowing that you’ve already taken care of the financial logistics can be a massive relief to those already dealing with emotional stress.
Living Will in Wisconsin
In Wisconsin, creating a living will is straightforward. The state provides official forms that allow you to express your wishes for medical treatment and name a power of attorney. These forms must be signed in front of two adult witnesses who are not related to you or financially connected to your estate. Keep the original in a safe place, and give copies to your doctor, your Medical Power of Attorney, and your family. Review it periodically—especially after major life events—to ensure it still reflects your values and preferences.
How Advance Directives Play into a Living Will
An advance directive is made up of a living will and a healthcare power of attorney and handles most scenarios where you need medical treatment, or a medical decision made on your behalf. It is important to note that if there is ever a conflict between your living will and what you direct in a Health Care Power of Attorney document, the Power of Attorney takes precedence. It is essential to have conversations related to advance care planning with your loved ones, especially your health care power of attorney agent, to ensure that your wishes are followed.
Advance directives, including your living will and health care power of attorney document, should be updated following major life events such as marriage, children, or changes in religious or spiritual beliefs.
Unlike a living will, the Healthcare power of attorney document designates a health care agent and outlines your directives for your agent related to a nursing home or community-based residential facility, feeding tubes, hospice care, comfortable or heavy medication, and anatomical gifts/organ donation. While these conversations can be difficult to have, it is essential to have a plan in place if you become incapacitated to ensure that your wishes are followed.
If you do not have an advance directive in place, you will receive care, but there is a greater chance that you will not receive the types of care and treatments you would have wanted.
Fequently asked questions about a Living Will
Where should you keep your Living Will?
You should keep your living will in a readily accessible place where your family/friends can locate it to bring it to the attention of your physician and hospital. Some hospitals also keep advance directives, including living wills, on file
What if you change your mind?
You can change your living will at any time. To avoid confusion, you should destroy existing copies of your previous living will including copies you may have distributed to family or friends. You may also have to create a written statement that states your intent to revoke your previous document.