Healthcare Directives

Wisconsin law allows you to inform others of your healthcare wishes in a legal written document called a healthcare directive. Here are some frequently asked questions about healthcare directives and how to go creating one. They don’t give every detail of the law.

Q. What is a healthcare directive?
A. A healthcare directive is a legal written document that states your wishes regarding your health care. Within the document, you can name a person to serve as your agent in the event that you are unable to communicate your wishes due to illness or injury. The role of an agent can be to simply carry out your wishes as stated within your healthcare directive, and/or to make healthcare decisions on your behalf.

Q. Do I have to have a healthcare directive?
A. No. If you do not have a healthcare directive, you will still receive medical treatment, and your doctor will consult your loved ones to learn about your treatment preferences. However, having a healthcare directive takes unnecessary pressure off your family and is the best way to be sure that your wishes are followed.

Q. How do I make a healthcare directive?
A. You must be at least 18 years of age to write a healthcare directive, and it is a good idea to discuss your healthcare wishes with your loved ones and physician prior to drafting the document. Pre-printed healthcare directive forms are available through your healthcare provider, attorney, or St. Mary Hospital of Superior’s Social Services Department, ext. 5401. You do not have to use a pre-printed form, but in order for a healthcare directive to be legal, it must:
• State your name;
• Be in writing and dated;
• Be signed by you (or someone you authorized to sign for you when you could understand and communicate your healthcare wishes);
• Be notarized or signed by two witnesses; and
• Name a person to serve as your agent* and include instructions about how you would like your healthcare wishes carried out.
*Agents must be at least 18 years of age and cannot be your healthcare provider, unless the healthcare provider is a family member or you give reasons for naming the agent in your healthcare directive. You may name an alternate agent and/or joint agents.
 
Q. What information can I include in my healthcare directive?
A. You may be as general or specific as you want about your healthcare wishes. Here are some questions you may consider when preparing your healthcare directive:
• Whom do I trust to serve as my agent(s)?
• If he, she, or they are unavailable, who could serve as an alternate(s)?
• How do I want my agent(s) to go about making decisions for me?
• Where do I want to receive my care?
• What are my goals, values, and preferences regarding my healthcare?
• What types of medical treatment do I want or not want (i.e. artificial nutrition and hydration, use of mental health treatments including electroshock or neuroleptic medications)?
• If I am pregnant, what treatments do I want for me and my baby?
• In the event of my death, do I want to donate my organs or tissue?
• Should I include information regarding my funeral arrangements?

Q. Are there any limits to what I can include in my healthcare directive?
A. Yes. You cannot request healthcare treatment that is outside of reasonable medical practice (i.e. assisted suicide). You also may not include instructions about estate plans or other business matters.

Q. How long will my healthcare directive last?
A. It will last until you:
• Write a statement that says you want to cancel it;
• Destroy it;
• Tell at least two other people you want to cancel it; or
• Write a new healthcare directive.

Q. I wrote a healthcare directive while living in another state. Is it good in Wisconsin?
A. Healthcare directives that were prepared in another state are legal as long as they meet the requirements of the state they were written in and comply with the Wisconsin requirements. However, requests for assisted suicide will not be followed.

Q. Where should I keep my healthcare directive?
A. You will want to keep a copy of your healthcare directive in a safe place where it can be easily found. It is a good idea to tell your loved ones, agent(s), and physician that you have a healthcare directive and to give them copies. Upon hospitalization you will be asked to provide a copy if you have not already done so.

Q. What if my healthcare provider refuses to follow my healthcare directive?
A. As long as your requests follow reasonable medical practice, your healthcare provider must follow your healthcare directives and/or any instructions from your agent. However, your agent cannot request treatment that will not help you or that your healthcare provider cannot provide. If the provider cannot follow your agent’s instructions about life-sustaining treatment, he or she must inform your agent and document the notice in your medical record. Your provider must also allow your agent to arrange to transfer you to another provider who can follow your agent’s instructions.

Q. How can I learn more about healthcare directives?
A. If you are currently a patient in St. Mary’s Hospital of Superior and need help filling out a pre-printed healthcare directive form, call Chaplaincy at ext. 5408 or Social Services at ext. 5401.