Medical Power of Attorney in Wisconsin

Wisconsin uses a power of attorney for health care. A person 18 or older and of sound mind may sign one; it must be in writing, dated and signed in the presence of two adult witnesses who are not related to the principal by blood, marriage, adoption or domestic partnership, not entitled to any part of the estate, not directly financially responsible for the principal's care, not the agent, and not the principal's current health care provider (or certain employees). Unless it says otherwise, it takes effect when two physicians (or a physician and a licensed advanced practice clinician) personally examine the principal and find incapacity. Remote witnessing under attorney supervision is allowed.

Power of attorney for health care: a person 18 or older and of sound mind may sign one; it must be in writing, dated and signed in the presence of two adult witnesses who are not related to the principal by blood, marriage, adoption or domestic partnership, not entitled to any part of the estate, not directly financially responsible for the principal's care, not the agent, and not the principal's current health care provider (or certain employees). Unless it says otherwise, it takes effect when two physicians (or a physician and a licensed advanced practice clinician) personally examine the principal and find incapacity. A separate 'declaration to health care professionals' (living will) must be signed in the presence of two qualified witnesses. Remote witnessing under attorney supervision is allowed for the health care power of attorney.

Wisconsin's living will is called a 'declaration to health care professionals.' Any person of sound mind who is 18 or older may sign one authorizing the withholding or withdrawal of life-sustaining procedures or feeding tubes when in a terminal condition or a persistent vegetative state. It must be signed by the declarant in the presence of two qualified witnesses (or, if the declarant cannot sign, by another person at the declarant's express direction in the declarant's presence, before two witnesses). It takes effect on signing, and the declarant must notify the attending health care professional, who adds it to the medical record. It is separate from the power of attorney for health care.

Wisconsin's Uniform Power of Attorney Act (Wis. Stat. ch. 244) includes a "Statutory Form Power of Attorney for Finances and Property" (Wis. Stat. 244.61). A power of attorney must be signed by the principal or, at the principal's express direction and in the principal's physical presence, by another adult; acknowledging the signature before a notarial officer makes it presumed genuine, and the statute also allows remote signing supervised by a Wisconsin attorney with two witnesses on live audio-video (244.05). For health care, Wis. Stat. 155.30 provides a "Power of attorney for health care instrument" form that the state prepares and distributes. A power of attorney for health care must be signed in the presence of two witnesses at least 18 years old who are not the principal's relatives by birth, marriage or adoption or domestic partner, people entitled to or with a claim on the estate, people directly financially responsible for the principal's health care, the principal's health care providers or their employees (chaplains and social workers excepted), employees of an inpatient facility where the principal is a patient, or the health care agent (155.10).