Wisconsin Lawyer: Advance Directives Record Individuals' Wishes:

June 01, 2005

Advance Directives Record Individuals' Wishes

The Schiavo case has important implications for doctors, patients and their loved ones, attorneys, and others in Wisconsin and nationwide. Most importantly, the case highlights the importance of clearly expressing one's medical treatment preferences in advance of incapacity. Forms and additional information are readily available, often at no cost. Do your clients a favor - educate them about the need for these directives.

Advance Directives Record Individuals' Wishes

The Schiavo case has important implications for doctors, patients and their loved ones, attorneys, and others in Wisconsin and nationwide. Most importantly, the case highlights the importance of clearly expressing one's medical treatment preferences in advance of incapacity. Forms and additional information are readily available, often at no cost. Do your clients a favor - educate them about the need for these directives.

A living will, also known as a Declaration to Physicians, enables adults to state their preferences concerning life-sustaining procedures and feeding tubes in the event the person is in a terminal condition or persistent vegetative state. An individual can obtain up to four free copies of this document by sending a stamped self-addressed business size envelope to Living Will, Division of Health, P.O. Box 309, Madison, WI 53701-0309. The document also can be obtained from the Department of Health and Family Services (DHFS) Web site at www.dhfs.state.wi.us/forms/AdvDirectives/poalwill.pdf.

A Power of Attorney for Health Care form PDF 60 KB makes it possible for adults to authorize other individuals to make health care decisions on their behalf should they become incapacitated. Two free copies of the form can be obtained by sending a stamped self-addressed business size envelope to Power of Attorney, Division of Health, P.O. Box 309, Madison, WI 53701-0309.

State Bar Resources. The State Bar, in conjunction with the State Medical Society of Wisconsin and the Wisconsin Health and Hospital Association and with support from Gundersen Lutheran Medical Center, has produced a consumer guide to assist individuals with future health care planning. A Gift to Your Family: Planning Ahead for Future Health Needs is a 28-page booklet that includes state forms, answers questions about advance care planning, and encourages the discussion of health issues and preferences within families. A free PDF version of A Gift to Your Family is available from the State Bar's consumer Web site, LegalExplorer, at www.legalexplorer.com/HealthPlanning. Copies of the booklet may be purchased for $2.99 each (including shipping); State Bar members receive a discounted rate of $1 each (plus tax and shipping) for bulk orders.

Answering Your Legal Questions About Health Care, part of the State Bar's consumer pamphlet series, answers basic questions about individuals' legal rights regarding medical treatment, advance health care directives, access to medical records, emergency treatment, organ donation, and experimental medical treatments. It also contains a list of helpful resources for more information. Bulk copies and display racks for use in law firms also are available. The pamphlet can be viewed on LegalExplorer at www.legalexplorer.com/HealthCareQuestions where you can download a sample copy. The pamphlet is not available for mass printing from the Web.

State Bar CLE Books' treatise, Advising Older Clients and Their Families, vols. I and II, provides a much-needed guide to Wisconsin elder law. Written and reviewed by more than 60 outstanding Wisconsin practitioners, the handbook covers the full range of issues facing Wisconsin's elderly residents and their families. The book also is available on CD-ROM (owners of the hardcopy book are entitled to a discount price) and online.

For more information or to order these and related State Bar resources, please call (800) 728-7788 or visit www.wisbar.org.

Wisconsin Lawyer