154.03 AnnotationPlanning Ahead for Incapacity. Shapiro. Wis. Law. Aug. 1991.
154.03 AnnotationWisconsin’s New Living Will Act. Gilbert. Wis. Law. March 1992.
154.05154.05 Revocation of declaration. 154.05(1)(1) Method of revocation. A declaration may be revoked at any time by the declarant by any of the following methods: 154.05(1)(a)(a) By being canceled, defaced, obliterated, burned, torn or otherwise destroyed by the declarant or by some person who is directed by the declarant and who acts in the presence of the declarant. 154.05(1)(b)(b) By a written revocation of the declarant expressing the intent to revoke, signed and dated by the declarant. 154.05(1)(c)(c) By a verbal expression by the declarant of his or her intent to revoke the declaration. This revocation becomes effective only if the declarant or a person who is acting on behalf of the declarant notifies the attending health care professional of the revocation. 154.05(2)(2) Recording the revocation. The attending health care professional shall record in the patient’s medical record the time, date and place of the revocation and the time, date and place, if different, that he or she was notified of the revocation. 154.07154.07 Duties and immunities. 154.07(1)(a)(a) No health care professional, inpatient health care facility, or person who is licensed, certified, or registered under ch. 441, 448, or 455 or holds a compact privilege under subch. XI of ch. 448 and who is acting under the direction of a health care professional may be held criminally or civilly liable, or charged with unprofessional conduct, for any of the following: 154.07 NoteNOTE: The cross-reference to subch. XI of ch. 448 was changed from subch. X of ch. 448 by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of subch. X of ch. 448.
154.07(1)(a)1.1. Participating in the withholding or withdrawal of life-sustaining procedures or feeding tubes under this subchapter. 154.07(1)(a)2.2. Failing to act upon a revocation unless the person or facility has actual knowledge of the revocation. 154.07(1)(a)3.3. Failing to comply with a declaration, except that failure by a health care professional to comply with a declaration of a qualified patient constitutes unprofessional conduct if the health care professional refuses or fails to make a good faith attempt to transfer the qualified patient to another health care professional who will comply with the declaration. 154.07(1)(b)1.1. No person who acts in good faith as a witness to a declaration under this subchapter may be held civilly or criminally liable for participating in the withholding or withdrawal of life-sustaining procedures or feeding tubes under this subchapter. 154.07(1)(c)(c) Pars. (a) and (b) apply to acts or omissions in connection with a provision of a document that is executed in another jurisdiction if the provision is valid and enforceable under s. 154.11 (9). 154.07(2)(2) Effect of declaration. The desires of a qualified patient who is competent supersede the effect of the declaration at all times. If a qualified patient is adjudicated incompetent at the time of the decision to withhold or withdraw life-sustaining procedures or feeding tubes, a declaration executed under this subchapter is presumed to be valid. The declaration of a qualified patient who is diagnosed as pregnant by the attending health care professional has no effect during the course of the qualified patient’s pregnancy. For the purposes of this subchapter, a health care professional or inpatient health care facility may presume in the absence of actual notice to the contrary that a person who executed a declaration was of sound mind at the time. 154.11154.11 General provisions. 154.11(1)(1) Suicide. The withholding or withdrawal of life-sustaining procedures or feeding tubes from a qualified patient under this subchapter does not, for any purpose, constitute suicide. Execution of a declaration under this subchapter does not, for any purpose, constitute attempted suicide. 154.11(2)(2) Life insurance. Making a declaration under s. 154.03 may not be used to impair in any manner the procurement of any policy of life insurance, and may not be used to modify the terms of an existing policy of life insurance. No policy of life insurance may be impaired in any manner by the withholding or withdrawal of life-sustaining procedures or feeding tubes from an insured qualified patient. 154.11(3)(3) Health insurance. No person may be required to execute a declaration as a condition prior to being insured for, or receiving, health care services. 154.11(4)(4) Other rights. This subchapter does not impair or supersede any of the following: 154.11(4)(a)(a) A person’s right to withhold or withdraw life-sustaining procedures or feeding tubes.