National Healthcare Decision Day - What to Know

National Healthcare Decision Day - What to Know

By Melinda Gustafson Gervasi

April 11, 2025

“Brain, brain, what is brain” quipped my almost 15 year old daughter as we wove our way through information tables at the recent UW Carbone Cancer Center Open House.  Among the display tables, all featuring interesting swag, one table offered rubber gloves and the chance to pick up a human brain.  She quoted an episode from her beloved Star Trek (she is very much her father’s daughter in terms of Sci Fi preferences), and then quickly exited the area.  I on the other hand had a few questions for the eager medical students armed with knowledge and props.  As an estate planning and probate attorney, I routinely discuss organ donation with my clients as they complete a power of attorney for health care.  When we think about “donating my body to science” we likely do not think about the role actual human organs play in community outreach!  Now I have a new perspective to share with my clients.  I also have no insight into my scientifically inclined daughter – she will not be working with anything involving formaldehyde.

Organ donation used for community outreach

Ever the teenager, my daughter was not pleased to be spending her Sunday afternoon at a scientific open house.  “Mom, these events are for 3rd graders, not me.  And it SMELLS in here!”  I agreed, but countered with a positive “well, at least we know you don’t want to work with human organs.  Identifying what you do not want to do for a career is likely more important than settling on a specific career before you can vote!”  There is intense pressure on our teens to decide on a career path at an early age.  Sometime too early in this mama’s opinion.  And I offer this same approach to you dear reader, when it comes to making decisions and you feel stymied, start with ruling things out.  That may help you zero in on what you do want.  For example, it's time to make healthcare decisions.

Next week we’ll celebrate National Healthcare Decision Day on April 16th.  Organized by The Conversation Project. The day is meant to encourage Americans to make decisions about your healthcare preferences and to make those choices known.  Specifically, you can create a Power of Attorney for Healthcare where you can appoint another person to make your medical decisions when you cannot due to an accident or sudden illness. For example, the person can consent to surgery, schedule medical appointments, or set up in home healthcare.  Another document is called the Living Will (aka Advance Directive) which tells your medical team what measures you want in an end of life situation.  For example, whether you wish to receive life-sustaining treatments like CPR, dialysis, or mechanical ventilation.

Laws related to estate planning and probate are state specific.  Each state has its own set of laws and regulations related to powers of attorney for healthcare.  It is important to learn the laws of your state, and follow them accordingly.  Here in Wisconsin, we are not a “next of kin” state.  That means there is no automatic assumption under the law about who can make healthcare decisions for you if you are incapacitated.  As a result, the courts would then appoint a guardian.  This may be someone you would not have wanted to act.  If at all possible, make a decision about who should speak for you, and then make it legally binding by creating a power of attorney for healthcare.

You are likely the best person to decide who should act for you.  If this topic is new to you, consider the following factors when selecting your healthcare agent:

• Who has the time, or can make the time, to handle decisions if you are seriously ill
• Who has the skill set to be your advocate in the overcrowded healthcare world
• Who will honor your wishes and follow your wishes when making medical decisions
• Who will remain the most calm and level headed it you are in the ICU

Thank you for reading.  Remember that a blog is not legal advice, but rather a platform to encourage thought and reflection.  Please seek legal counsel from an attorney licensed in your home state.  Consider sharing this post on your favorite social media platform if others might enjoy it, and sign up above (upper right hand corner) to receive an email for future posts.  Be well!