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Advance Directives Awareness – April 2025

Published On: April 1st, 2025|Categories: Blog|

April is Advance Directives Awareness month and a perfect time to discuss the importance of having up-to-date medical and financial documents in place. An Advanced Directive is simply a document that outlines your wishes (directives) before something happens (in advance). Elder law attorneys and Financial Planners can help with these, but it is not necessary. The state of Wisconsin provides two free online forms that anyone can use: https://www.dhs.wisconsin.gov/forms/advdirectives/adformspoa.htm.

Both documents must be witnessed by a Notary Public.

  1. Power of Attorney for Health Care (HC-POA): Wisconsin F-00085

This document helps you outline your wishes if a situation occurs where you cannot make healthcare decisions for yourself and appoints someone to act as your healthcare decision maker in that instance. These forms are not just for the elderly. A tragic car accident or hospitalization with a severe illness can happen at any time. Anyone over 18 can, and should, have a designated agent. If you have not designated a healthcare agent, your medical team in Wisconsin is required to follow the wishes of the following individuals regarding your care, in this order:

  • Spouse (first)
  • If no spouse, then adult Children
  • If no adult children, then Parents

If you are in a situation where you are no longer able to speak for yourself, but you have a HCPOA, the document will be “activated” by signature of two physicians. Then, the person you have chosen will be your decision maker. You can choose who to designate. It does not need to be your spouse or oldest child. Your Healthcare Agent should be someone that you have talked with about how you feel about quality-of-life issues, and that you believe will respect your wishes.

Wisconsin also has a document like a living will (Declaration to Physician: F-00060). This is not as effective as HCPOA however, because it is limited to what you put on paper for your doctors. It is impossible to predict every scenario, and if you are in a medical situation, you did not address in your living will, your doctors will be forced to turn to your spouse, adult children, or parents to make medical decisions.

  1. Power of Attorney for Finance and Property (FP-POA): Wisconsin F-00036

This form is often referred to as Durable Power of Attorney (DPA). It allows you to designate a person to handle your financial affairs and property. This form does not need to be “activated” as it becomes effective immediately. The person you choose (your agent) will be able to pay your bills and manage your property if you are unable to, or don’t want to anymore. Obviously, this should also be a person you trust, and with whom you have had conversations about how you want your finances and property handled if you are ill, hospitalized, out of the country, etc.

While neither document is required to live at SpringBrook, it is in your best interest to have these two documents completed as both are the best way to protect yourself and make sure that your wishes are followed. SpringBrook has two Notary Publics on staff, and we are willing to assist you with finalizing these documents at any time.

 

 

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