Planning for Incapacity in Wisconsin: Powers of Attorney and Living Wills

Planning for incapacity is a crucial aspect of ensuring that your healthcare and financial choices are respected when you cannot make decisions for yourself. In Wisconsin, two primary legal tools can help you outline your wishes: Powers of Attorney and Living Wills. Understanding these instruments will empower you to make informed decisions about your future.

Powers of Attorney in Wisconsin

A Power of Attorney (POA) is a legal document that allows you to designate a trusted individual to make decisions on your behalf if you become incapacitated. In Wisconsin, there are two main types of POA: Health Care Power of Attorney and Durable Power of Attorney for Finances.

Health Care Power of Attorney: This document allows you to appoint someone to make medical decisions for you if you are unable to do so. The designated agent will have the authority to discuss your health care options with healthcare providers, consent to treatments, and make end-of-life decisions in line with your wishes.

Durable Power of Attorney for Finances: This POA grants a person the authority to handle your financial matters, such as paying bills, managing investments, and making other financial decisions. It remains in effect even if you become incapacitated, ensuring that your financial responsibilities are taken care of.

Creating Powers of Attorney

To create an effective Power of Attorney in Wisconsin, you must be at least 18 years old and of sound mind. It is advisable to consult with an attorney to ensure that your documents comply with state laws and accurately reflect your wishes. Once drafted, the POA must be signed by you and notarized. Keep copies of the document in accessible places and provide a copy to your designated agent.

Living Wills in Wisconsin

A Living Will, also known as an Advanced Directive, is a document that outlines your preferences for medical treatment in the event that you are unable to communicate your wishes. In Wisconsin, a Living Will primarily addresses end-of-life decisions, specifying whether you wish to receive life-sustaining treatments or prefer to receive palliative care.

Having a Living Will can alleviate the burden on your loved ones, as it clearly conveys your healthcare desires. It serves as a guide for healthcare providers when they are faced with making difficult decisions about your care.

Important Considerations

Before finalizing your Powers of Attorney or Living Will, consider discussing your wishes with your family members and the individuals you plan to appoint as agents. Open communication can help ensure that your decisions regarding your care are understood and respected.

Additionally, keep your documents updated as your health status or preferences change. Review them periodically and adjust as necessary, particularly after significant life events such as marriage, divorce, or the birth of a child.

Conclusion

Planning for incapacity in Wisconsin is vital for ensuring that your healthcare and financial affairs are managed according to your preferences. By establishing Powers of Attorney and a Living Will, you can confidently face the future, knowing that your wishes will be honored. Consulting with a legal professional can guide you through the process, ensuring that your decisions are effectively documented and legally binding.