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Statutory Citations
Wisconsin

Wisconsin Declaration to Physicians and Do-Not-Resuscitate Orders Act [1984, 1986, 1988, 1991, 1992, 1996], Wis. Stat. Ann. §§154.01 to 154.29.

Wisconsin Power of Attorney for Health Care Act [1990, 1992, 1993, 1998], Wis. Stat. Ann. §§155.01 to 155.80.


Documents

Free advance directive documents and instructions from Partnership for Caring.


Court Cases
Wisconsin
Case In re Guardianship of L.W., 167 Wisc. 2d 53, 482 N.W.2d 60 (1992).
Court Wisconsin Supreme Court
Year 1992
Patient (age) L.W. (77)
Nutrition + hydration "Artificially-provided Nutrition and Hydration"
Mental capacity Persistent Vegetative State (PVS)
Decision maker(s) Guardian appointed by the state
Setting St. Francis Medical Hospital (La Crosse, WI)
Patient's Wishes L.W. had a history of mental health disease and may never have been competent to make medical decisions on his own. He had no close relatives or friends, and never expressed to anyone any wishes regarding life-sustaining medical treatment such as he was presently receiving (including artificially provided nutrition and hydration).
Court's Decision

The court approved the withdrawal of Edna M.F.'s tube feeding. It argued that a patient's right to refuse medical treatment (including artificially provided nutrition and hydration) is protected by the liberty interest expressed under the 14th Amendment ot the U.S. Constitution (see Cruzan v. Harmon) as well as within the "independent right to liberty" contained in Article 1, § 1 of the Wisconsin Constitution. In the case of never-competent patients, the right to refuse treatment may be expressed through a surrogate, who decides the question on the basis of the patient's best interests. While any analysis begins with the presumption that continued life is in the best interests of the patient, that presumption can be overcome by considering a number of factors, including; "the degree of humiliation, dependence and loss of dignity probably resulting from the condition and treatment; life expectancy with and without treatment; the various treatment options; and the risks, side effects and benefits of each of those options."

Outcome L.W. died of natural causes while his case was on appeal.
Citation Partnership for Caring, Inc. (2001), Fact Sheet, In re Guardianship of L.W.
 
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Case In the Matter of Edna M.F., No. 95-2719, 1997 Wis. LEXIS 64 (Wis. June 12, 1997).
Court Wisconsin Supreme Court
Year 1997
Patient (age) Edna M.F. (71)
Nutrition + hydration Gastrostomy
Mental capacity Alzheimer's type dementia
Decision maker(s) Sister (the court appointed guardian)
Setting A long-term care facility in Wisconsin
Patient's Wishes There was no evidence that Edna M.F. had any preferences regarding treatment. The medical ethics committee at the facility where Edna M.F. resided approved the withdrawal Edna's feeding tube if no member of the family objected. The sister agreed and asked the court to issue an order approving the withdrawal. A niece was opposed to this course of action.
Court's Decision

The court decided that tube feeding should continue. It argued that in the absence of advance directives or some other "clear and convincing evidence" of a patient's wishes, guardians may only approve the withdrawal of life-sustaining treatment (including artificially provided nutrition and hydration) if (1) the incompetent patient is in a Persistent Vegetative State (PVS) and (2) withdrawal of treatment can be show to be in the best interests of the incompetent patient.

Outcome After this decision was issued doctors determined that Edna M.F.'s condition had developed into a Persistent Vegetative State (PVS). Life support was withdrawn at that point and Edna M.F. died several days later.
Citation Partnership for Caring, Inc. (2001), Fact Sheet, In the Matter of Edna M.F.
   

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