Key Takeaways
- Wisconsin's document for healthcare decision-making is formally called a power of attorney for healthcare.
- You must be at least 18 and the document must be in writing, dated, signed, and witnessed by two qualifying adults.
- No notarization is required.
- Wisconsin permits remote witnessing by video (but a licensed Wisconsin attorney must supervise).
- A formal healthcare POA is the best way to make sure that the right person can act in emergency situations.
A Wisconsin power of attorney for healthcare allows you to give a trusted person legal authority to make healthcare decisions on your behalf when you can no longer make them yourself.
Get Your Medical Power of Attorney
Here's what the law requires, and what happens if you don't have one.
What Is a Wisconsin Power of Attorney for Healthcare?
A power of attorney for healthcare is a written document that names a healthcare agent to make medical decisions for you. It comes into effect when you lose the capacity to make these decisions yourself.
It's governed by Wisconsin Statutes Chapter 155. This person can make almost any healthcare decision unless you explicitly restrict their authority in the document.
The document activates when your attending physician determines you can no longer make or communicate healthcare decisions.
You can pair it with an advance directive to record specific treatment preferences alongside your agent appointment. A DNR order gives your medical team direct guidance on resuscitation.
Wisconsin Medical Power of Attorney Legal Requirements
Wisconsin Statutes § 155.10 sets out the execution requirements:
- Age and capacity: You must be at least 18 and sign voluntarily.
- Written, dated, and signed: The instrument must be in writing. It must also be dated and signed by you, or by another adult at your express direction and in your presence.
- Two witnesses: Two adults who meet the requirements in § 155.10(2) must witness your signature. You don't need notarization.
- Remote witnessing: Wisconsin law allows witnessing via live two-way video. But a licensed Wisconsin attorney must supervise. They can also serve as one of your witnesses.
Who can witness a healthcare power of attorney signing in Wisconsin?
Under § 155.10(2), each witness must be an adult aged 18 or older but can't be any of the following:
- Anyone related to you by blood, marriage, adoption, or registered domestic partnership
- Anyone with knowledge they stand to inherit any portion of your estate
- Anyone directly financially responsible for your healthcare costs
- Your appointed healthcare agent
- A healthcare provider currently serving you or an employee of that provider or of an inpatient facility where you're a patient
Chaplains and social workers employed by your healthcare provider or facility are explicitly excluded from that last restriction in Wisconsin.
A hospital social worker or chaplain can legally serve as a witness if they have no interest in your estate.
Who Makes Medical Decisions If There Is No Power of Attorney in Wisconsin?
Wisconsin Statutes § 50.06 establishes a surrogate hierarchy for consenting to admission from a hospital into a care facility.
The following individuals may give consent in order of priority, but only in that context:
- Spouse or domestic partner
- Adult child
- Parent
- Adult sibling
- Grandparent
- Adult grandchild
- Adult close friend
§ 50.06 is limited in scope and procedurally demanding. Two physicians must certify the person as incapacitated and there must be a guardianship petition before proceeding. This framework doesn't extend to general treatment decisions.
There's no equivalent catch-all surrogate mechanism in Wisconsin law outside the facility admission context.
Section 155.70(8) confirms that failing to execute a power of attorney for healthcare creates no presumption about a person's healthcare intentions.
In practice, providers may turn to family members. However, without a legal framework requiring them to do so, the outcome is uncertain.
A power of attorney for healthcare removes that uncertainty entirely.
How To Get and File a Wisconsin Medical Power of Attorney
There are two ways of making this document:
- Using a template: A Medical Power of Attorney template that meets Wisconsin's requirements can be quickly filled out online and downloaded.
- Working with an attorney: You can also hire an attorney to help you make one. This may be more suitable if you have a complex estate.
Start a Medical Power of Attorney Now
Give copies to:
- Your healthcare agent
- Your primary physician
- Any hospital where you receive regular care
You can revoke the document at any time with a Revocation of Power of Attorney document.
Key Takeaways
- Wisconsin's document for healthcare decision-making is formally called a power of attorney for healthcare.
- You must be at least 18 and the document must be in writing, dated, signed, and witnessed by two qualifying adults.
- No notarization is required.
- Wisconsin permits remote witnessing by video (but a licensed Wisconsin attorney must supervise).
- A formal healthcare POA is the best way to make sure that the right person can act in emergency situations.
A Wisconsin power of attorney for healthcare allows you to give a trusted person legal authority to make healthcare decisions on your behalf when you can no longer make them yourself.
Get Your Medical Power of Attorney
Here's what the law requires, and what happens if you don't have one.
What Is a Wisconsin Power of Attorney for Healthcare?
A power of attorney for healthcare is a written document that names a healthcare agent to make medical decisions for you. It comes into effect when you lose the capacity to make these decisions yourself.
It's governed by Wisconsin Statutes Chapter 155. This person can make almost any healthcare decision unless you explicitly restrict their authority in the document.
The document activates when your attending physician determines you can no longer make or communicate healthcare decisions.
You can pair it with an advance directive to record specific treatment preferences alongside your agent appointment. A DNR order gives your medical team direct guidance on resuscitation.
Wisconsin Medical Power of Attorney Legal Requirements
Wisconsin Statutes § 155.10 sets out the execution requirements:
- Age and capacity: You must be at least 18 and sign voluntarily.
- Written, dated, and signed: The instrument must be in writing. It must also be dated and signed by you, or by another adult at your express direction and in your presence.
- Two witnesses: Two adults who meet the requirements in § 155.10(2) must witness your signature. You don't need notarization.
- Remote witnessing: Wisconsin law allows witnessing via live two-way video. But a licensed Wisconsin attorney must supervise. They can also serve as one of your witnesses.
Who can witness a healthcare power of attorney signing in Wisconsin?
Under § 155.10(2), each witness must be an adult aged 18 or older but can't be any of the following:
- Anyone related to you by blood, marriage, adoption, or registered domestic partnership
- Anyone with knowledge they stand to inherit any portion of your estate
- Anyone directly financially responsible for your healthcare costs
- Your appointed healthcare agent
- A healthcare provider currently serving you or an employee of that provider or of an inpatient facility where you're a patient
Chaplains and social workers employed by your healthcare provider or facility are explicitly excluded from that last restriction in Wisconsin.
A hospital social worker or chaplain can legally serve as a witness if they have no interest in your estate.
Who Makes Medical Decisions If There Is No Power of Attorney in Wisconsin?
Wisconsin Statutes § 50.06 establishes a surrogate hierarchy for consenting to admission from a hospital into a care facility.
The following individuals may give consent in order of priority, but only in that context:
- Spouse or domestic partner
- Adult child
- Parent
- Adult sibling
- Grandparent
- Adult grandchild
- Adult close friend
§ 50.06 is limited in scope and procedurally demanding. Two physicians must certify the person as incapacitated and there must be a guardianship petition before proceeding. This framework doesn't extend to general treatment decisions.
There's no equivalent catch-all surrogate mechanism in Wisconsin law outside the facility admission context.
Section 155.70(8) confirms that failing to execute a power of attorney for healthcare creates no presumption about a person's healthcare intentions.
In practice, providers may turn to family members. However, without a legal framework requiring them to do so, the outcome is uncertain.
A power of attorney for healthcare removes that uncertainty entirely.
How To Get and File a Wisconsin Medical Power of Attorney
There are two ways of making this document:
- Using a template: A Medical Power of Attorney template that meets Wisconsin's requirements can be quickly filled out online and downloaded.
- Working with an attorney: You can also hire an attorney to help you make one. This may be more suitable if you have a complex estate.
Start a Medical Power of Attorney Now
Give copies to:
- Your healthcare agent
- Your primary physician
- Any hospital where you receive regular care
You can revoke the document at any time with a Revocation of Power of Attorney document.
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