Have a question that's not listed here?

Feel free to call us at 715.726.7950
Toll Free: 800.286.5574
(Answered by Chippewa County Extension Office) or email us at info@chippewavalleycarecoalition.org

FAQ

What is an Advance Directive?

Advance Directives can be thought of as ‘directions in advance’. You are:

choosing the person that will make personal medical decisions for you if you are unable to make decisions for yourself
providing that person some direction of your wishes

In the past, the Living Will was used as a document for this purpose. With the medical technology and choices available today, a different document should be used so your legal choices about future care are protected. The Power of Attorney for Health Care (POA-HC) assures you that your voice is heard under any circumstances, even if you cannot communicate with your doctors because of an illness or accident. The POA-HC can also include whether you want to be an organ donor. The POA-HC does not involve financial decisions of any kind.

There is no simple way to outline all the things that might happen in a person's life or to predict what decisions might have to be made in a crisis. You should discuss strongly held values and beliefs with the agent you choose and choices you would make for yourself. Examples of choices are whether you would want to be kept alive on machines or by a feeding tube, and whether you might want to die at home or elsewhere. It is also important to discuss your values and beliefs with your physicians to make sure they know what you desire for medical care and find out if they would support you in your choices.

What is the difference between a Living Will and a Power of Attorney for Health Care?

A Living Will allows you to make statements about choices you would want if you had a terminal illness or were in a persistent vegetative state. It directs physicians whether to withhold or withdraw life-sustaining treatment or a feeding tube if you develop an illness or injury that cannot be cured and your death is imminent. It does not give authority to anyone to make health care decisions on your behalf. For example, if you needed 24 hour/day nursing care in another facility such as a nursing home, a court supervised guardianship and protective placement proceeding would be required. This can be a long and costly process.

Who should have a Power of Attorney for Health Care?

People age 18 years or older should complete a POA-HC. This document allows you to name a trusted person (agent) to be a ‘voice’ if you become ‘incapacitated’. Incapacity means not being able to think clearly, process information, and tell the doctors what you desire for medical care. Your agent can be a spouse, adult child (over the age of 18), relative, or friend. Once you start having these conversations within your family, why not encourage the entire family to complete an advance directive?

Why should I have a Power of Attorney for Health Care?

If there is no POA-HC and there is uncertainty or conflict about what should be done, physicians may ask the courts to appoint a guardian to make decisions for you. This is time consuming, costly, and adds more stress to loved ones who are already overwhelmed. If you do not complete a POA-HC, there is a chance you will not receive the care you would want, or you may receive more treatments than you wish.

Who should be my agent, or trusted person for my Power of Attorney for Health Care?

Your agent should be someone you trust who is 18 or older. This person can be a family member or trusted friend. Your agent should be someone who knows what your beliefs and values are; who is able to voice them to your healthcare providers and who can stay calm in a crisis. Your agent does not need to live in your town or be with you to complete a POA-HC. Your agent cannot be your medical provider unless he or she is also a relative. Most importantly, you want a trusted agent who will follow your wishes even if he or she would not make the same personal decision. An alternate agent is named in case the primary one becomes unable or unwilling to speak for you.

Does this go into effect immediately after I sign the Power of Attorney for Health Care document?

No, there is a two-step process. First, you sign the Power of Attorney for Health Care appointing your agent. This is filed with your healthcare provider. The POA-HC is never used as long as you can think clearly and communicate with others. But without warning, an accident, stroke, or onset of an illness can immediately change the course of anyone’s life, making someone incapable of processing information and making informed decisions.

The POA-HC is only activated when two physicians, or a physician and psychologist examine a person and documents that he or she is incapacitated. There are times when the POA-HC needs to be activated only temporarily. When the person improves, the document is deactivated and he or she returns to being the decision maker. The important thing is that your autonomy or ‘right to choose’ is protected by naming an agent in case one is needed.

How do I get a Power of Attorney? Who can assist me in filling out the Power of Attorney for Health Care?

Social Services or Pastoral Care at your local hospital can give you assistance in discussing medical decision-making and completing a POA-HC. If you complete your own, make sure your witnesses are not family members. Do not date it until you sign it in front of your witnesses. You can also get assistance from your clinic, your lawyer or the local Department on Aging. You may also Google - Power of Attorney for Health Care to locate state forms. The Wisconsin form is found here: http://dhfs.wisconsin.gov/forms/AdvDirectives/

Do I need a lawyer?

This document can be completed independently and free of charge. Some people may prefer to consult with a lawyer along with making personal and financial arrangements.

Will my Power of Attorney for Health Care be honored?

The Power of Attorney for Health Care is a legal document. If it is completed correctly, it should be honored. Frequent and clear communication between you, your family and your health care providers prior to a crisis is the best way to avoid any miscommunication that would lead to your wishes not being honored.

Is the Power of Attorney for Health Care good in every state, or only the state I fill it out in?

The Power of Attorney for Health Care is a legal document and therefore should be honored in all 50 states. However, it is recommended that if you spend considerable amount of time in a different state that you fill out that state’s form as well.

What do I do with my Power of Attorney for Health Care once it is signed?

Once you have correctly completed the form, make several copies. Each of your agents should have a copy as well as your healthcare provider and hospital. Keep the original at home where it is easily accessible.

If I sign an advance directive, does that mean I won’t receive any care?

Signing an advance directive only appoints your agents and specifies that they are empowered to make decisions in the event that you become incapacitated. You will still receive all the care you desire.

Do I only need to fill out a Power of Attorney for Health Care once?

A Power of Attorney for Health Care (POA-HC) is a legal document that should be reviewed on a regular basis-at your annual physical for instance. Are your agents still available to serve, has your health status changed, have you communicated any changes in your wishes to your healthcare provider, agents and family?

A POA-HC need not change unless your wishes change.

How do I start this conversation about end-of-life health care with my health care provider?

Conversations need to be initiated. Tell your healthcare provider you’d like to discuss your wishes for care. Ask about a POA-HC document if you don’t have one yet. Write down some questions ahead of time and be prepared to discuss what you feel you would want for care if you were seriously ill or at the end of life.

How do I start this conversation about end-of-life health care with my family?

Conversations about advance directives have often been avoided because issues are brought up that are not easy to talk about. Use circumstances around you to ease into a discussion-a family member or friend or neighbor who is facing serious health issues, a news broadcast or television show. Conversations at home, while difficult, are much easier than in a hospital waiting room at the time of a crisis.
View Case Studies for Conversation Starters

What if my family disagrees with my wishes?

This is where good communication comes in. Discuss your wishes and values openly and frequently. Choose an agent who will respect and carry out your wishes. Be sure your healthcare provider is very clear about what your wishes are.

Won’t the doctors just talk with my family about my
end-of-life care?

No, in Wisconsin, a family member is not automatically authorized to make health care decisions for you. Since the Patient Self-Determination Act of 1990, people need to complete a Power of Attorney for Health Care-appointing a specific person to act as their agent to make healthcare decisions on their behalf.

What topics should I discuss with my agent, health care provider and family?

View topics to discuss with your health care agent.

There are so many terms I don’t understand. Can you explain some of the medical interventions available at end-of-life in the Chippewa Valley?

Medical Interventions and Food and Fluids at End-of-life.

What are some suggested additional statements appropriate to write in the "Special Provisions" section?

Additional statements.

What do I need to consider to answer the three specific questions on the Power of Attorney for Health Care form?

There are three specific questions on the form that are meant to help guide your agent in making decisions on the subject of: admission to a nursing home, provision of feeding tubes and decisions for pregnant women. The questions are only asking if you give your agent authority to make decisions in these areas. It does not ask if you want to go to a nursing home or have feeding tubes. The best answer is ‘yes’. Saying “Yes” to these questions empowers your agent, so he or she can make decisions about your care no matter what the circumstances, without having to apply to the court for guardianship.

How do I become a member of the Chippewa Valley CARE Coalition?

Join us at our monthly meetings to learn about the organization and how you might want to be involved.

We meet the first Thursday of each month at 7:30 am at the American Cancer Society on 2427 N. Hillcrest Pkwy, Altoona, WI 54720

Our email address is info@chippewavalleycarecoalition.org

To speak to someone in person, call 715-726-7950