Legally Speaking

A living will is a type of health-care advance directive. A living will is simply a written instruction spelling out any wishes you have about your treatment or care in the event that you are incapacitated. A living will says, in effect, “Whoever is deciding, please follow these instructions!” On its own, a living will is very limited – it usually applies only to end-of-life decisions.

A health-care power of attorney is another type of advance directive. In a health-care power of attorney, you appoint someone of your choosing to be your authorized agent to make decisions about your health. You can give your agent as much or as little authority as you wish to make health-care decisions; the decisions are not limited to end-of-life decisions. Appointing someone as your agent provides that person with the authority to weigh all the medical facts and circumstances and interpret your wishes accordingly. A health-care power of attorney is broader and more flexible than a living will.

You may want to create a comprehensive health-care advance directive, which combines the living will and the health-care power of attorney into one document. The document may also include any other directions you wish, including your choices about whether to donate or receive organs and where and how you prefer to be cared for.

When planning for future health-care decisions, it is important to understand that merely completing a health-care advance directive will do very little good if you skip the most important part of the process: reflecting on what you want and discussing what you want with your family. In order to be effective, the planning process requires that you share your wishes, fears, and priorities with your physician, family, and whomever else you choose to speak for you when you cannot. Think of the process as a continuing conversation that you will likely need to have more than once. After all, your views may change as you age and may change dramatically in the event of serious illness. An advance directive should be looked at as a work in progress that may be modified at various turning points in your life.

This column is based on general principles of Wisconsin law, is for informational purposes only, and is not intended to provide legal advice. Each legal matter must be judged on the merits of its unique circumstances. If you have a legal problem, consult an attorney.

Richard A. Hauser is an attorney at Pinkert Law Firm LLP with offices in Sturgeon Bay and Sister Bay. 920.743.6505 or 920.854.2616.