Wisconsin Living Will Requirements
Based on Wis. Stat. §154.01 through §154.30 (Chapter 154: Advance Directives)
Quick Summary
- Document type: Declaration to Health Care Professionals
- 2 witnesses required
- Notarization not required
Witness Requirements
Wisconsin requires 2 witnesses who are present when you sign your declaration to health care professionals. Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be related to the declarant by blood, marriage, or adoption
- A witness cannot have knowledge that he or she is entitled to or has a claim on any portion of the declarant's estate
- A witness cannot be directly financially responsible for the declarant's health care
- A witness cannot be a health care provider who is serving the declarant at the time of execution
- A witness cannot be an employee of the health care provider serving the declarant, other than a chaplain or social worker
- A witness cannot be an employee of an inpatient health care facility in which the declarant is a patient, other than a chaplain or social worker
When Your Living Will Takes Effect
Your Wisconsin living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an incurable condition caused by injury or illness that reasonable medical judgment finds would cause death imminently, so that the application of life-sustaining procedures serves only to postpone the moment of death.
Persistent Vegetative State
A persistent vegetative state is a condition that reasonable medical judgment finds constitutes a complete and irreversible loss of all of the functions of the cerebral cortex and results in a complete, chronic and irreversible cessation of all cognitive functioning and consciousness and a complete lack of behavioral responses that indicate cognitive functioning, although autonomic functions continue.
Irreversible Condition
Wisconsin does not define a separate "irreversible condition" trigger. The two qualifying conditions under Chapter 154 are terminal condition and persistent vegetative state as defined in Wis. Stat. §154.01.
Important Notes for Wisconsin
- Wisconsin follows Chapter 154 of the Wisconsin Statutes — Advance Directives (Wis. Stat. §154.01 through §154.30)
- A declaration must be signed by the declarant in the presence of two witnesses who must also sign the document at the same time (Wis. Stat. §154.03)
- Notarization is not required for a valid declaration
- If the declarant is physically unable to sign, the declaration may be signed in the declarant's name by one of the witnesses or another person at the declarant's express direction and in the declarant's presence
- A declaration authorizes the withholding or withdrawal of life-sustaining procedures or feeding tubes when the declarant is in a terminal condition or persistent vegetative state
- "Life-sustaining procedure" means any medical procedure or intervention that, when applied to a qualified patient, would serve only to prolong the dying process; it does not include the provision of nutrition or hydration unless specifically addressed through the feeding tube provision
- The feeding tube provision is addressed separately — the declarant may specifically choose whether or not to authorize the withholding or withdrawal of feeding tubes
- A declaration may be revoked at any time by the declarant regardless of physical condition or mental competency, by destruction, written revocation, or oral expression of intent to revoke
- A declaration may, but need not, be filed with the register in probate of the declarant's county of residence
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.