"This time, with a PAD, I did not receive any treatments that I did not want. They were very respectful. I really felt like the hospital took better care of me because I had my PAD. In fact, I think it's the best care that I've ever received."Read More...
Wisconsin Q and A
Ten commonly asked questions about PAD's for Wisconsin
Please note: the following 10 FAQs are designed to provide a quick and accessible guide to what your state’s Statutes say – or do not say – about PADs. The FAQs do not attempt to provide a complete picture of the law in your state, nor can they take the place of legal advice. The answers were accurate when written in November 2006.
1. Can I write a legally-binding psychiatric advance directive (PAD)?
Yes, by appointing an agent. Wisconsin’s Power of Attorney for Health Care statute allows you to appoint an agent (called an “health care agent”) to make healthcare decisions for you if you become incompetent to make those decisions yourself. “Health care” may include mental health care. You must use the state’s standard form, available with instructions here . Further information is available from the Disability Rights Wisconsin (formerly the Wisconsin Coalition for Advocacy): click here for contact information.
Your health care agent may consent to or refuse medication on your behalf. However, the statute does not allow a health care agent to consent to mental health research, to psychosurgery, electroconvulsive therapy (ECT) or other “drastic” mental health treatment on your behalf.
Yes. As explained above, it is not possible to write advance instructions only. If you wish to create a PAD, you must use a Health Care Power of Attorney form; the extent to which you also document your decisions is up to you.
No. All that is required is that two physicians, or one physician and one psychologist, believe you are unable to receive, process or communicate treatment information well enough to be able to manage your own health care decisions. The physicians must document their decision in your medical records.
No. However, a health care provider is likely to be able to override your health care agent’s instructions if you are considered a danger to yourself or others, or otherwise in an emergency.
Your Power of Attorney remains valid until revoked, or until you create a new one. You may revoke your document at any time. If you name your spouse as your health care agent and subsequently undergo a divorce or legal separation, you are advised to amend your document to make it clear who should act as your health care agent.