Life happens and so does the unexpected. There are various situations that can result in an individual being unable to make their own medical decisions. The most common examples are accidents resulting in a coma or where an individual would be in a persistent vegetative state. Many people believe a spouse or a family member will be designated to make medical decisions in the event of these incapacities. However, this is not necessarily the case.
In Wisconsin, doctors will usually make life sustaining calls based on the input of family members. Troubles rise when loved ones disagree as to the incapacitated individual’s medical treatment. If an agreement can’t be reached, a court can appoint a legal guardian to decide. Court involvement costs money, time and more heartache. Instead of letting the court decide, or putting loved ones through arguments, you can implement legal directives to outline what care you want and who you want making decisions in the event a tragedy occurs.
The two most common health directives are a living will and a health care power of attorney. Both provide guidance if you become unable to make your own medical decisions, but in different ways.
What is a Living Will?
A living will is a document that details what types of life saving or life sustaining medical treatments you do or do not want provided to you. For example, you can specify if you would like feeding tubes provided if you are going to remain in a persistive vegetative state or how long you should be kept on life support if you are in a coma.
What is a Health Care Power of Attorney?
A healthcare power of attorney (HCPOA) designates an individual to make medical decisions on your behalf based on your pre-specified preferences. A health care power of attorney can fall into two categories. A springing HCPOA becomes effective only when a certain condition, such as incapacity, occurs. A durable HCPOA is effective immediately upon the document’s completion.
What is the Difference Between Living Wills and HCPOAs?
The main difference between these two documents is that a living will is a document that provides guidance for certain treatments to be administered (or not) based on whatever preferences you have outlined. A health care power of attorney, on the other hand, designates an individual to make medical decisions on your behalf based on your preferences. However, it is important to make sure these documents are consistent. If there is any conflict between the two, under Wisconsin law, the health care power of attorney will overrule the living will. Ultimately, neither document gives up your right to make your own medical decisions when you are able.
If you do not have these health care directives already in place, consider reaching out to MWC Legal Group to help you prepare these documents and ensure your future health care decisions are solidified.
May 20, 2026
