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Prevea wants you to know you have the right to make decisions about your health care. This includes the right to accept or refuse medical or surgical treatment and the right to direct future health care decisions if you become unable to do so yourself. You can do this by completing an Advance Directive.
An “Advance Directive” is a written statement naming a person of your choice to make health care decisions on your behalf. The Advance Directive will empower your selected representative to make health care decisions should you become physically or mentally unable to do so independently. If you have questions or would like to learn more about advance directives, please call your provider’s office.
Why should I make an Advance Directive (AD)?
It speaks for you when you cannot. It tells what treatments you do or do not want and who will make the health care decisions for you when you cannot.
What does “incapacity” mean?
It is the inability to understand information or communicate health care decisions.
Can I have more than one health care agent?
Yes. You may name an alternate who can make your health care decisions if your primary agent is unable or unwilling to act.
Does my DPAHC need to be witnessed?
Yes. It must be signed by the person in the presence of two witnesses at least 18 years old. At the time the document is signed, no witnesses may be:
What are the duties and immunities for the health care provider under DPAHC?
No health care facility or provider may be criminally or civilly liable or charged with unprofessional conduct for:
To what extent are health care agents liable for decisions they make?
How is the DPAHC canceled?
If you sign a new DPAHC, the prior one is revoked. Notify your health care agent(s) and health care provider(s) orally or in writing that you revoked your DPAHC. If the agent is the person’s spouse or domestic partner, the DPAHC is automatically revoked upon divorce, annulment of the marriage or notice of termination of domestic partnership.
What if I change my mind?
You may revoke or redo a Declaration to Physician or DPAHC at anytime.
What happens if I do not have an AD?
You still receive medical care even if you do not have an AD. You may not receive the type of care and treatments you want if you could still make decisions for yourself. If you cannot speak for yourself and do not have an AD, a physician or health care institution may ask the courts to appoint a legal guardian who would then make decisions for you.
Where can I go for help on ADs?
Your physician or other health care provider, your attorney, the Pastoral Care dept. at HSHS St. Vincent Hospital or HSHS St. Mary’s Hospital Medical Center in Green Bay 920-433-8162, HSHS St. Clare Memorial Hospital 920-848-8505 or HSHS St. Nicholas hospital in Sheboygan 920-451-7265 or the Wisconsin Department of Health and Family Services at (608) 266-5863. This information is adapted from the Wisconsin Department of Health and Family Services.
What is a Durable Power of Attorney for Health Care (DPAHC)?
An AD is signed by you when you are a decisional adult naming someone you trust to make your health care decisions if you are incapacitated.
When does a DPAHC go into effect and how long is it effective?
After signed and witnessed, it is a valid document that remains in effect until it is revoked. If you have decisional capacity, you continue to make your own health care decisions. It is activated if two physicians (or a physician and a psychologist) who have personally examined you sign a statement that you lack the capacity to make health care decisions. If you regain capacity, one physician can deactivate your DPAHC and you once again make your own medical decisions.
Who can be my health care agent?
Anyone who is at least 18 years old and of sound mind, but not: your health care provider, an employee of your health care provider, an employee of a health care facility in which you are a resident or patient, or a spouse/ domestic partner of any of the above unless that person is also your relative.
What responsibilities does a health care provider have in regard to a DPAHC document?
Upon receiving a valid document, a health care facility or physician reviews the document to make sure it is valid. The document is then scanned into your electronic medical record. If you have been declared incapacitated, the activation form is also placed in your medical record so that we can respect your stated desires consistent with applicable law.
Who is liable for the cost of medical care decisions made by the health care agent?
No health care agent, unless the agent is the spouse or domestic partner of the principal, may be held personally liable for goods or services purchased or contracted for under a DPAHC. The medical cost liability would be the same as if the care was provided as a result of the person’s decision.
Power of Attorney versus Durable Power of Attorney for Health Care
A Power of Attorney document is used for finances but typically does not include health care issues. (If the Durable Power of Attorney was completed prior to April 28, 1990, and includes health care decision-making ability, it is presumed to be valid.) The DPAHC addresses only those issues relating to health care.
What is a Declaration to Physicians (Living Will)?
A Declaration to Physicians tells your doctor of your desires regarding life-sustaining procedures or a feeding tube if you were to develop an illness or injury that cannot be cured or were in a persistent vegetative state. A Declaration to Physicians may authorize the withholding or withdrawal of life-sustaining procedures or feeding tube when two physicians, one of whom is the attending physician, have personally examined and certified in writing that one has a terminal condition and is unable to understand or express health care choices, or is in a persistent vegetative state.
Should I have a Declaration to Physicians and a DPAHC?
It is not necessary to have both a Declaration to Physicians and a DPAHC. If you have both documents, make sure they do not conflict. If they do conflict, a health care provider will follow the instructions on the DPAHC rather than the instructions of the Declaration to Physicians (if the DPAHC is dated after December 11, 1991).
Does my health care provider need to follow my AD?
Some health care providers and physicians may have policies or beliefs, which prohibit them from honoring certain ADs. Discuss your AD with your providers to make them aware of your wishes and to determine if they will honor it. If they will not, you may choose another provider.
Where should I keep my AD?
Keep your AD in a place where you and others can easily find it, but not in a safe deposit box. Make sure your family members or domestic partner, physician, health care provider, hospital and lawyer are aware that you have an AD and give each of them a copy of your document. It is ideal to have the document in your medical record.
What if my AD is from another state?
Documents signed in another state on or after May 5, 2004, are valid and enforceable in Wisconsin if they were valid in accordance with the laws of that state. The document must authorize your agent to make the same decisions for you that a health care agent in a valid Wisconsin document could make for you.