Wisconsin Living Will (Advanced Medical Directive)

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WISCONSIN LEGAL INFORMATION

Living Will (Advanced Medical Directive)-- Links and Statutes

  • Witnesses: Wisconsin law requires two individuals witness the signature of the maker;

  • Who may be a witness? Under Wisconsin law, "[n]o witness to the execution of the declaration may, at the time of the execution, be any of the following:
    (a) Related to the declarant by blood, marriage or adoption.
    (b) Have knowledge that he or she is entitled to or has a claim on any portion of the declarant's estate.
    (c) Directly financially responsible for the declarant's health care.
    (d) An individual who is a health care provider, as defined in s. 155.01 (7), who is serving the declarant at the time of execution, an employee, other than a chaplain or a social worker, of the health care provider or an employee, other than a chaplain or a social worker, of an inpatient health care facility in which the declarant is a patient."

    Wisconsin Code Section 154.03(2).

  • Notary: There is no express provision in the Wisconsin statutes requiring that a living will be notarized; however, it is highly recommended that your living will be notarized to ensure that it is accepted by medical personnel in an emergency situation;

  • Must health care agent sign form? A health care agent must sign a medical power of attorney form which is separate from a living will under Wisconsin law;

  • Wisconsin Statutes containing living will requirements: Wisconsin Code Section 154.03, et al.

  • Link to free Wisconsin Living Will and Medical Power of Attorney forms from the Wisconsin Department of Health and Family Services.
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