Statutory Power of Attorney for Health Care
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE WISCONSIN STATUTES
POWER OF ATTORNEY FOR HEALTH CARE
General Requirements (§155.10):
A power of attorney for health care MUST be
- dated and signed by the principal or by an individual who has attained
age 18, at the express direction and in the presence of the principal;
- signed in the presence of 2 witnesses who meet the statutory requirements
(see below); and
Execution Requirements (§155.10):
Each witness to the execution of a power of attorney for health
care MUST be an individual who has attained age 18.
No witness may, at the time of the execution, be any of the
following:
- Related to the principal by blood, marriage or adoption.
- Have knowledge that he or she is entitled to or has a claim on any
portion of the principal's estate.
- Directly financially responsible for the principal's health care.
- An individual who is a health care provider who is serving the principal
at the time of execution, an employee, other than a chaplain or a social
worker, of the health care provider or an employee, other than a chaplain
or a social worker, of an inpatient health care facility in which the principal is a patient.
- The principal's health care agent.
Revocation Requirements (§155.40):
A principal may revoke his or her power of attorney for health care
at any time by doing any of the following:
- Canceling, defacing, obliterating, burning, tearing or otherwise destroying
the power of attorney for health care instrument or directing another in
the presence of the principal to destroy the power of attorney for health
care instrument;
- Executing a statement, signed, dated, and in writing, expressing the
principal's intent to revoke the power of attorney for health care;
- Verbally expressing, in the presence of two witnesses, the principal's
intent to revoke the power of attorney for health care; or
- Executing a subsequent power of attorney for health care instrument.
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