Planning for your health care and financial future can feel overwhelming, but Wisconsin law provides clear tools to help you stay in control. Advance directives and related documents let you name trusted decision-makers, express your wishes, and ensure your family and providers know what to do if you cannot speak for yourself. Below are general questions about advance directives, followed by specific questions and answers for each of the eight key documents you may consider for your estate and health care plan.

​GENERAL QUESTIONS

What are advance directives?
Advance directives are legal documents that help you plan for medical and financial decisions if you become unable to make or communicate those decisions yourself. They include documents such as a Living Will, Power of Attorney for Health Care, and Power of Attorney for Finance and Property.
Do I need all of these documents?
Not necessarily. The right combination depends on your goals, family situation, and assets. Many people start with a Power of Attorney for Health Care, a Living Will, and a Power of Attorney for Finance and Property, then add other documents as needed.
Can I change my mind later?
Yes. As long as you have capacity, you can update, replace, or revoke your advance directives at any time.
What is the difference between the agent and the instructions?
The agent is the person who makes decisions; the instructions are your written guidance about your values, treatment preferences, and limits on what the agent can do.

Can I limit what my agent can decide?
Yes. You can restrict or guide your agent’s authority, such as allowing or refusing certain treatments, or limiting decisions about long-term care facilities.

What if my agent is unavailable?
You can name an alternate agent who steps in if your primary agent cannot or will not serve, helping ensure someone is always available to act.

What is an advance directive?
An advance directive is a written document that explains your wishes for medical care if you become unable to speak for yourself. In Wisconsin, common examples include a Declaration to Health Care Professionals (Living Will) and a Power of Attorney for Health Care.

What does “capacity” mean?
Capacity means your ability to understand your medical condition, the choices available, and the consequences of those choices. If you lack capacity, someone else—such as your health care agent or a patient’s representative—may need to make decisions for you.

What is a health care agent or proxy?
A health care agent (also called a proxy) is the person you name in a Power of Attorney for Health Care to make medical decisions for you if you cannot. This person should know your values and be willing to follow your wishes.

What is a “patient’s representative”?
Under recent Wisconsin law, a “patient’s representative” is a family member who can make limited post-hospital placement and health care decisions for an incapacitated patient who has no advance directives or other legal decision-maker. Authority is created using specific state forms and a medical certification.

What is a “terminal condition” in a Living Will?
A terminal condition is an incurable illness or injury that, in the opinion of your doctor, will result in death within a relatively short time, even with life-sustaining treatment. Your Living Will often applies when you are in a terminal condition and cannot communicate.

What is a “persistent vegetative state”?
A persistent vegetative state is a condition in which a person has lost awareness and cognitive function but may still have basic reflexes and some automatic body functions. Wisconsin law recognizes this as a situation where a Living Will may apply.

What are “life-sustaining treatments”?
Life-sustaining treatments are medical interventions that prolong life without reversing the underlying condition, such as ventilators, dialysis, or artificial nutrition and hydration. Your advance directives can say whether you want these treatments started, continued, or stopped in certain situations.

What is artificial nutrition and hydration?
Artificial nutrition and hydration means providing food and water through tubes (for example, feeding tubes or IV fluids) when a person cannot eat or drink by mouth. You can choose in your advance directives whether to allow or refuse these measures if you are terminally ill or permanently unconscious.

What is a DNR (Do-Not-Resuscitate) order?
A DNR order is a medical order that tells providers not to perform CPR if your heart stops or you stop breathing. It is different from a Living Will or health care power of attorney and must be signed by a physician or advanced practice provider.

What is a “health care provider” under Wisconsin law?
A health care provider includes physicians, physician assistants, advanced practice registered nurses, hospitals, clinics, nursing homes, and other licensed professionals or facilities that provide health care services. These are the people and entities generally required to follow your advance directives.

What is an “authorized decision-maker”?
An authorized decision-maker is the person legally allowed to make health care decisions for you when you cannot. This can be your health care agent under a Power of Attorney for Health Care, a court-appointed guardian, or, in limited hospital situations, a patient’s representative.

What is the difference between a Living Will and a Power of Attorney for Health Care?
A Living Will (Declaration to Health Care Professionals) states your wishes about life-sustaining treatment in specific situations. A Power of Attorney for Health Care names a person to make a broader range of medical decisions for you if you are unable, and can include your treatment preferences as well.

SPECIFIC DOCUMENTS

1. Declaration to Health Care Professionals (Living Will)
What is a Living Will?
A Living Will is a written statement that tells your health care providers what life-sustaining treatments you want or do not want if you are in a terminal condition or persistent vegetative state and cannot speak for yourself.

When does it take effect?
It takes effect only when you are unable to make or communicate decisions and your condition meets the legal standards in Wisconsin (for example, terminal illness or permanent unconsciousness).

Can I change it later?
Yes. You can revoke or update your Living Will at any time while you have capacity, by creating a new document or clearly stating your intent to revoke the old one.

Checklist for Living Will.


2. Power of Attorney for Health Care
What is a Power of Attorney for Health Care?
This document lets you name an agent (sometimes called a health care proxy) to make medical decisions for you if you cannot. You can also include instructions about the types of care you prefer.

What decisions can my agent make?
Your agent can generally consent to or refuse medical treatments, choose providers, and access medical information, within the limits you set in the document and under Wisconsin law.

Do I need witnesses?
Yes. Wisconsin law requires witnesses who are not related to you, not financially responsible for your care, and not your health care provider, along with proper signing and dating.

Checklist for Health Care Power of Attorney

3. Power of Attorney for Finance and Property
What is a Power of Attorney for Finance and Property?
This is a legal document that lets you name an agent to manage your financial affairs, such as paying bills, managing bank accounts, handling real estate, and filing taxes.

Is it durable?
The Wisconsin statutory form is designed to be durable, meaning it can remain effective if you become incapacitated, unless you state otherwise.

When can my agent act?
That depends on how you draft it. Some powers of attorney take effect immediately; others only when a doctor certifies you are unable to manage your finances.

Checklist for Durable Power of Attorney for Finance and Property


4. Authorization for Final Disposition
​What is an Authorization for Final Disposition?
This document tells your family and funeral provider who has the legal right to control your final arrangements, such as burial, cremation, or other disposition of your remains.

Why is it important?
It helps avoid disagreements among family members and ensures the person you trust most can carry out your wishes quickly and without unnecessary conflict.

Can I change it later?
Yes. You can revoke or update your authorization at any time while you have capacity, and you should tell your family and funeral provider about any changes.
Checklist for Final Disposition

5. Patient’s Representative Declaration (new 2026)
What is a Patient’s Representative?
As of June 1, 2026, a “patient’s representative” is a family member who can make certain post-hospital placement and health care decisions for an incapacitated patient who lacks advance directives or another legal decision-maker.  State Document

When is this used?
It is used when a hospital patient is incapacitated, has no advance directives or appointed agent, and needs decisions made about placement in a nursing home or community-based residential facility.

How is authority established?
Authority is established using two forms: a Medical Certification of Capacity form and a Patient’s Representative Declaration, completed and signed according to Wisconsin law.

What is the Medical Certification of Capacity form?
This is the doctor’s form that certifies the patient lacks capacity to make certain decisions, which then allows a family member to act as a patient’s representative under the new law.

Who completes it?
A physician or other qualified health care provider completes and signs the certification after evaluating the patient’s capacity.

Why does it matter?
Without this certification, a family member generally cannot step in as a patient’s representative for post-hospital placement and related decisions.

6.  Organ Donation
What is organ donation in Wisconsin?
Organ donation in Wisconsin is a legal “anatomical gift” where a person can donate all or part of their body to take effect after death, generally for transplant, therapy, research, or education.

How can I register as an organ donor?
You can register through the Wisconsin Donor Registry, by indicating your choice on your driver’s license or state ID, and by completing a donor authorization form. Your decision is recorded and can be accessed by authorized procurement organizations.

Can I change my mind later?
Yes. You can revoke or amend your organ donor authorization at any time, including by crossing out the donor designation on your license or by executing a new document or statement under Wisconsin law.

Who can make the decision if I did not register?
If you did not make a decision, Wisconsin law provides a hierarchy of people who may authorize donation after your death, including your spouse, adult children, parents, and certain other relatives or representatives.

Checklist for Organ Donation

7. DNR (Do-Not-Resuscitate) Orders
What is a DNR order?
A DNR (Do-Not-Resuscitate) order is a medical order that tells health care providers not to perform CPR if your heart stops or if you stop breathing. It applies mainly to emergency resuscitation efforts, not to other treatments.

Who can request a DNR in Wisconsin?
A DNR order can be requested by a patient with decision-making capacity, or by a patient’s legal guardian, health care agent under a Power of Attorney for Health Care, or other authorized decision-maker if the patient lacks capacity.

How is a DNR order made valid?
In Wisconsin, a DNR order generally must be in writing and signed by the patient (or authorized decision-maker) and the physician or advanced practice provider. Hospitals and long-term care facilities often have specific forms and policies to use.

Does a DNR mean “do not treat”?
No. A DNR order only limits CPR. It does not automatically stop other treatments such as antibiotics, pain medicine, or oxygen, unless other orders or directives are in place.

Checklist of DNR

​8. HIPAA Release (Authorization) 
What is a HIPAA release form?
A HIPAA release, or HIPAA authorization, is a written permission that allows your health care providers and insurers to share your protected health information with specific people or organizations you name. Without this authorization, many providers will not discuss your care with family or others, even if you have a health care power of attorney.

Why do I need one in addition to a Power of Attorney for Health Care?
A Power of Attorney for Health Care (health care proxy) gives someone authority to make medical decisions, but a HIPAA release makes it easier for that person—and others you name—to receive your medical information and talk with your providers. Some providers require both documents before they will share details.

Who can I authorize to receive my information?
You can name family members, friends, your health care agent, your attorney, or other trusted people and organizations. You can also limit what information they can receive, for what purpose, and for how long.

What information should the form include?
A proper HIPAA authorization should identify you, describe the records or types of information to be released, name who can disclose and who can receive the information, state the purpose, and include an expiration date or event. It should also explain your right to revoke and be signed and dated.

Does Wisconsin have its own rules?
Yes. Wisconsin law (Wis. Stat. § 146.82) also protects patient health care records and generally requires written authorization for disclosures, with some exceptions for treatment, payment, and health care operations. In practice, a well-drafted HIPAA form is designed to comply with both federal HIPAA and Wisconsin law.

Can I limit who gets my information?
Yes. You can restrict access to certain people (for example, only your spouse and adult children) or limit what kinds of records are shared. You can also exclude certain types of records, such as psychotherapy notes, if you choose.

Can I change or cancel a HIPAA release later?
Yes. You may revoke a HIPAA authorization at any time by giving written notice to the provider or health plan. The revocation does not undo disclosures that were already made in good faith before the provider received your notice.

When should I sign a HIPAA release?
It is best to sign one as part of your estate plan and to give copies to your health care agent, close family members, and your primary care providers. This helps avoid delays and confusion during a medical crisis.

Checklist for HIPAA release


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Disclaimer
The information provided on these pages is intended for general informational and educational purposes only. It is not intended to recommend or endorse any specific estate plan, investment strategy, or tax plan. Because every person’s situation is unique, you should always consult with qualified attorneys, financial advisors, and accountants to develop a plan tailored to your individual needs.