Planning for the future means making sure your medical wishes are respected, even if you’re unable to communicate them yourself. At Borakove Osman LLC, we help individuals and families throughout Wisconsin create comprehensive advance medical directives that reflect their values and provide peace of mind. Whether you’re looking to establish a living will, designate a health care agent, or both, our attorneys will guide you through the process with clarity and care.
What is an Advance Medical Directive?
An Advance Medical Directive is a legal document that allows you to plan ahead for medical care in the event that you are unable to make or communicate your own healthcare decisions due to illness or injury. It ensures that your medical preferences are known and respected, even if you’re incapacitated. In Wisconsin, an Advance Medical Directive typically includes two primary components:
- Living Will – This portion of the directive outlines your wishes regarding life-sustaining treatments, such as the use of ventilators or feeding tubes, in situations where you are terminally ill or permanently unconscious. It helps guide doctors and loved ones by clearly stating what types of care you do or do not want in these critical situations.
- Power of Attorney for Health Care – This part allows you to appoint a trusted individual—referred to as your “health care agent”—to make medical decisions on your behalf if you are unable to do so yourself. Your agent can speak with your doctors, review treatment options, and make choices that align with your values and preferences.
Together, these documents offer peace of mind by putting control over your future medical care in your hands and relieving your loved ones from the burden of making difficult decisions without guidance.
Benefits of Having an Advance Medical Directive
- Peace of Mind: Knowing your health care choices are clearly documented and legally recognized brings peace of mind to you and your loved ones.
- Personalized Care: You can express specific preferences, such as:
- Use of feeding tubes or ventilators
- Pain management and comfort care
- Organ and tissue donation
- Legal Clarity: Without a directive, health care providers may default to aggressive treatments, even if it goes against your values. A directive avoids this by making your wishes legally binding.
- Avoids Court Intervention: Without an appointed health care agent, your family may need to seek court approval to make decisions. This process is often time-consuming, expensive, and can be emotionally draining.
Choosing the Right Health Care Agent
When selecting someone to serve as your health care agent, consider the following qualities:
- Understands your values and medical preferences – They should be familiar with your beliefs and the type of care you would want.
- Can stay calm under pressure – Medical decisions can be stressful, so choose someone who can remain composed in high-stakes situations.
- Willing to advocate for your wishes – Your agent should feel confident speaking up to ensure your preferences are honored, even if others disagree.
- Comfortable discussing difficult topics – Select someone open to conversations about end-of-life care and serious health decisions.
- Trustworthy and dependable – This person should be someone you can rely on to make thoughtful decisions in your best interest.
Be sure to have a thorough conversation with your chosen agent to confirm they are informed, willing, and prepared to take on this important responsibility.
How to Create an Advance Medical Directive in Wisconsin
Creating an Advance Medical Directive is a critical step in planning for your future medical care. While Wisconsin provides standardized forms, working with an experienced attorney ensures your wishes are clearly expressed, legally sound, and tailored to your specific needs.
Choose the Right Documents
In Wisconsin, an Advance Medical Directive typically includes a Living Will and a Power of Attorney for Health Care. While these forms are available to the public, having an attorney help you complete them ensures that no important detail is overlooked and that your directive fully complies with Wisconsin law.
Select a Trusted Health Care Agent
Choosing someone to act as your health care agent is a profoundly personal decision. A lawyer can help you understand the responsibilities this role involves and guide you in selecting someone who is legally eligible and best suited to carry out your wishes.
Discuss Your Wishes in Detail
We recommend having an in-depth conversation with your attorney about your medical preferences, such as life-sustaining treatment, pain management, and end-of-life care. Your lawyer can help you clearly document these preferences in a way that removes ambiguity and minimizes the risk of future disputes.
Complete the Legal Forms
Although Wisconsin allows individuals to fill out Advance Directive forms on their own, doing so without legal assistance can lead to vague language or invalid provisions. Our law firm can ensure that all documents are properly drafted, legally enforceable, and aligned with your long-term goals.
Execute the Documents Correctly
Wisconsin law requires Advance Medical Directives to be signed in the presence of two qualified adult witnesses. We’ll ensure the execution process is done correctly to avoid any legal challenges later.
Distribute the Documents
Your attorney can advise you on how to properly share copies with your health care agent, physicians, and loved ones. We can also securely store a copy in our office in case it’s ever needed in an emergency.
Review and Update Regularly
Your wishes may change over time. By working with our law firm, you’ll have ongoing support to review and revise your directive as your health or circumstances evolve.
Contact Our Incapacity Planning Attorneys in Madison & Dane County
Working with an experienced incapacity planning attorney in Madison will make sure your document complies with state law and reflects your unique wishes. At Borakove Osman LLC, we help Madison-area Wisconsinites craft comprehensive estate plans—including Advance Medical Directives. Contact us today to schedule a consultation, and we’ll help ensure your voice is heard, even if the time comes when you can’t speak for yourself.
Borakove Osman LLC is your trusted partner for estate planning for young families in Wisconsin. Serving all of Wisconsin, including Madison and Dane County, we are dedicated to providing high-quality legal advice and representation to help you secure your family’s future.