What is a Wisconsin Medical Power of Attorney?
The individual granting control is called the "principal," while the individuals or entities obtaining powers are called the "agents." Suitable for residents of Wisconsin, this Power of Attorney for health care can be used in Milwaukee County, Dane County, Waukesha County, and in all other counties across the state. All Wisconsin Healthcare PoA forms from Rocket Lawyer can be customized to address your unique circumstances. As a result of this official legal document, your agent(s) can provide proof to healthcare facilities and other parties that they can legally act in your interest when you are not able.
When to use a Wisconsin Medical Power of Attorney:
- Your health is good, but you don't want to make things more difficult on your loved ones if you become incapacitated.
- You want a certain someone to make your medical decisions for you in the event that you can't.
POWER OF ATTORNEY FOR HEALTH CARE
NOTICE TO PERSON MAKING THIS DOCUMENT
YOU HAVE THE RIGHT TO MAKE DECISIONS ABOUT YOUR HEALTH CARE. NO HEALTH CARE MAY BE GIVEN TO YOU OVER YOUR OBJECTION, AND NECESSARY HEALTH CARE MAY NOT BE STOPPED OR WITHHELD IF YOU OBJECT.
BECAUSE YOUR HEALTH CARE PROVIDERS IN SOME CASES MAY NOT HAVE HAD THE OPPORTUNITY TO ESTABLISH A LONG-TERM RELATIONSHIP WITH YOU, THEY ARE OFTEN UNFAMILIAR WITH YOUR BELIEFS AND VALUES AND THE DETAILS OF YOUR FAMILY RELATIONSHIPS. THIS POSES A PROBLEM IF YOU BECOME PHYSICALLY OR MENTALLY UNABLE TO MAKE DECISIONS ABOUT YOUR HEALTH CARE.
IN ORDER TO AVOID THIS PROBLEM, YOU MAY SIGN THIS LEGAL DOCUMENT TO SPECIFY THE PERSON WHOM YOU WANT TO MAKE HEALTH CARE DECISIONS FOR YOU IF YOU ARE UNABLE TO MAKE THOSE DECISIONS PERSONALLY. THAT PERSON IS KNOWN AS YOUR HEALTH CARE AGENT. YOU SHOULD TAKE SOME TIME TO DISCUSS YOUR THOUGHTS AND BELIEFS ABOUT MEDICAL TREATMENT WITH THE PERSON OR PERSONS WHOM YOU HAVE SPECIFIED. YOU MAY STATE IN THIS DOCUMENT ANY TYPES OF HEALTH CARE THAT YOU DO OR DO NOT DESIRE, AND YOU MAY LIMIT THE AUTHORITY OF YOUR HEALTH CARE AGENT. IF YOUR HEALTH CARE AGENT IS UNAWARE OF YOUR DESIRES WITH RESPECT TO A PARTICULAR HEALTH CARE DECISION, HE OR SHE IS REQUIRED TO DETERMINE WHAT WOULD BE IN YOUR BEST INTERESTS IN MAKING THE DECISION.
THIS IS AN IMPORTANT LEGAL DOCUMENT. IT GIVES YOUR AGENT BROAD POWERS TO MAKE HEALTH CARE DECISIONS FOR YOU. IT REVOKES ANY PRIOR POWER OF ATTORNEY FOR HEALTH CARE THAT YOU MAY HAVE MADE. IF YOU WISH TO CHANGE YOUR POWER OF ATTORNEY FOR HEALTH CARE, YOU MAY REVOKE THIS DOCUMENT AT ANY TIME BY DESTROYING IT, BY DIRECTING ANOTHER PERSON TO DESTROY IT IN YOUR PRESENCE, BY SIGNING A WRITTEN AND DATED STATEMENT OR BY STATING THAT IT IS REVOKED IN THE PRESENCE OF TWO WITNESSES. IF YOU REVOKE IT, YOU SHOULD NOTIFY YOUR AGENT, YOUR HEALTH CARE PROVIDERS AND ANY OTHER PERSON TO WHOM YOU HAVE GIVEN A COPY. IF YOUR AGENT IS YOUR SPOUSE AND YOUR MARRIAGE IS ANNULLED OR YOU ARE DIVORCED AFTER SIGNING THIS DOCUMENT, THE DOCUMENT IS INVALID.
YOU MAY ALSO USE THIS DOCUMENT TO MAKE OR REFUSE TO MAKE AN ANATOMICAL GIFT UPON YOUR DEATH. IF YOU USE THIS DOCUMENT TO MAKE OR REFUSE TO MAKE AN ANATOMICAL GIFT, THIS DOCUMENT REVOKES ANY PRIOR DOCUMENT OF GIFT THAT YOU MAY HAVE MADE. YOU MAY REVOKE OR CHANGE ANY ANATOMICAL GIFT THAT YOU MAKE BY THIS DOCUMENT BY CROSSING OUT THE ANATOMICAL GIFT PROVISION IN THIS DOCUMENT.
DO NOT SIGN THIS DOCUMENT UNLESS YOU CLEARLY UNDERSTAND IT.
IT IS SUGGESTED THAT YOU KEEP THE ORIGINAL OF THIS DOCUMENT ON FILE WITH YOUR PHYSICIAN.
POWER OF ATTORNEY FOR HEALTH CARE
Document made this _____ day of ____________________, _____.
. CREATION OF POWER OF ATTORNEY FOR HEALTH CARE. I, , of , , , Birthdate: , being of sound mind, intend by this document to create a Power of Attorney for Health Care. My executing this Power of Attorney for Health Care is voluntary. Despite the creation of this Power of Attorney for Health Care, I expect to be fully informed about and allowed to participate in any health care decision for me, to the extent that I am able. For the purposes of this document, "health care decision" means an informed decision to accept, maintain, discontinue or refuse any care, treatment, service or procedure to maintain, diagnose or treat my physical or mental condition.
In addition, I may, by this document, specify my wishes with respect to making an anatomical gift upon my death.
. DESIGNATION OF HEALTH CARE AGENT. If I am no longer able to make health care decisions for myself, due to my incapacity, I hereby designate:
|Relation, if any:|
to be my Health Care Agent for the purpose of making health care decisions on my behalf.
Neither my Health Care Agent nor my Alternate Health Care Agent whom I have designated is my health care provider, an employee of my health care provider, an employee of a health care facility in which I am a patient or a spouse of any of those persons, unless he or she is also my relative.
For purposes of this document, "incapacity" exists if two physicians or a physician and a psychologist who have personally examined me sign a statement that specifically expresses their opinion that I have a condition that means that I am unable to receive and evaluate information effectively or to communicate decisions to such an extent that I lack the capacity to manage my health care decisions. A copy of that statement must be attached to this document.
. GENERAL STATEMENT OF AUTHORITY GRANTED. Unless I have specified otherwise in this document, if I ever have incapacity, I instruct my health care provider to obtain the health care decision of my Health Care Agent, if I need treatment, for all of my health care and treatment, I have discussed my desires thoroughly with my Health Care Agent and believe that he or she understands my philosophy regarding the health care decisions I would make if I were so able. I desire that my wishes be carried out through the authority given to my Health Care Agent under this document.
If I am unable, due to my incapacity, to make a health care decision, my Health Care Agent is instructed to make the health care decision for me, but my Health Care Agent should try to discuss with me any specific proposed health care if I am able to communicate in any manner including by blinking my eyes. If this communication cannot be made, my Health Care Agent shall base his or her decision on any health care choices that I have expressed prior to the time of the decision. If I have not expressed a health care choice about the health care in question and communication cannot be made, my Health Care Agent shall base his or her health care decision on what he or she believes to be in my best interest.
. LIMITATIONS ON MENTAL HEALTH TREATMENT. My Health Care Agent may not admit or commit me on an inpatient basis to an institution for mental diseases, an intermediate care facility for the mentally retarded, a state treatment facility or a treatment facility. My Health Care Agent may not consent to experimental mental health research or psychosurgery, electroconvulsive treatment or drastic mental health treatment procedures for me.
. ADMISSION TO NURSING HOMES OR COMMUNITY-BASED RESIDENTIAL FACILITIES. My Health Care Agent may admit me to a nursing home or community-based residential facility for short-term stays for recuperative care or respite care.
If I have checked "Yes" to the following, my Health Care Agent may admit me for a purpose other than recuperative care or respite care, but if I have checked "No" to the following, my Health Care Agent may not so admit me:
a. A nursing home
b. A community-based residential facility
If I have not checked either "Yes" or "No" immediately above, my Health Care Agent may admit me only for short term stays for recuperative care or respite care.
. PROVISION OF A FEEDING TUBE. If I have checked "Yes" to the following, my Health Care Agent may have a feeding tube withheld or withdrawn from me, unless my physician has advised that, in his or her professional judgment, this will cause me pain or will reduce my comfort. If I have checked "No" to the following, my Health Care Agent may not have a feeding tube withheld or withdrawn from me.
My Health Care Agent may not have orally ingested nutrition or hydration withheld or withdrawn from me unless provision of the nutrition or hydration is medically contraindicated.
Withhold or withdraw a feeding tube.
If I have not checked either "Yes" or "No" immediately above, my Health Care Agent may not have a feeding tube withdrawn from me.
. STATEMENT OF DESIRES, SPECIAL PROVISIONS OR LIMITATIONS. In exercising authority under this document, my Health Care Agent shall act consistently with my following stated desires, if any, and is subject to any special provisions or limitations that I specify.
. INSPECTION AND DISCLOSURE OF INFORMATION RELATING TO MY PHYSICAL OR MENTAL HEALTH. Subject to any limitations in this document, my Health Care Agent has the authority to do all of the following:
a. Request, review and receive any information, oral or written, regarding my physical or mental health, including medical and hospital records;
b. Execute on my behalf any documents that may be required in order to obtain this information;
c. Consent to the disclosure of this information.
YOU AND THE WITNESSES ALL
MUST SIGN THE DOCUMENT AT THE SAME TIME.
(PERSON CREATING THE DOCUMENT)
(THE SIGNING OF THIS DOCUMENT BY REVOKES ALL PREVIOUS POWERS OF ATTORNEY FOR HEALTH CARE DOCUMENTS.)
STATEMENT OF WITNESSES
I know personally and I believe him or her to be of sound mind and at least 18 years of age. I believe that his or her execution of this Document is voluntary. I am at least 18 years of age, and am not related to by blood, marriage or adoption, am not the domestic partner under ch. 770 of the principal, and am not directly financially responsible for 's health care. I am not a health care provider who is serving at this time, an employee of the health care provider, other than a chaplain or a social worker, or an employee, other than a chaplain or a social worker, of an inpatient health care facility in which is a patient. I am not 's health care Agent. To the best of my knowledge, I am not entitled to and do not have a claim on 's estate. I am not otherwise restricted from being a witness.
STATEMENT OF HEALTH CARE AGENT AND
ALTERNATE HEALTH CARE AGENT
I understand that has designated me to be his or her Health Care Agent or Alternate Health Care Agent if he or she is ever found to have incapacity and unable to make health care decisions himself or herself. has discussed his or her desires regarding health care decisions with me.
Failure to execute a power of attorney for health care document under Chapter 155 of the Wisconsin Statutes creates no presumption about the intent of any individual with regard to his or her health care decisions.
This power of attorney for health care is executed as provided in Chapter 155 of the Wisconsin Statutes.
ANATOMICAL GIFTS (optional)
Upon my death:
|wish to donate only the following organs or parts:|
|wish to donate any needed organ or part.|
|wish to donate my body for anatomical study, if needed.|
|refuse to make an anatomical gift. (If this revokes a prior commitment that I have made to make an anatomical gift to a designated done, I will attempt to notify the donee to which or to whom I agreed to donate.)|
Failing to check any of the lines immediately above creates no presumption about my desire to make or refuse to make an anatomical gift.
Signature __________________________________ Date ______________
|_____||Your Alternate Health Care Agent, , must sign this form.|
|_____||Your Second Alternate Health Care Agent, , must sign this form.|
Wisconsin Medical Power of Attorney FAQs
How can I get Medical Power of Attorney in Wisconsin?
It is fast and simple to grant or obtain the authority you may need with a free Wisconsin Medical Power of Attorney template from Rocket Lawyer:
- Make the PoA - Provide a few details and we will do the rest
- Send and share - Go over it with your agent or ask a lawyer
- Sign it - Mandatory or not, notarization/witnesses are a best practice
This solution is often going to be notably less time-consuming than finding and hiring your average lawyer. If necessary, you can fill out this Medical PoA on behalf of your spouse or another family member, and then have them sign it when ready. Keep in mind that for a Power of Attorney to be valid, the principal must be an adult who is mentally competent at the time of signing. If the principal has already been declared incompetent, a conservatorship could be necessary. In this scenario, it's a good idea for you to talk to an attorney .
Who should have a Power of Attorney for healthcare in Wisconsin?
Every person over 18 ought to have a Medical Power of Attorney. Though it can be challenging to think about, there might come a time when you are not able to make medical decisions on your own. Common situations where you may find a PoA to be useful include:
- You have plans to move into a care facility
- You are managing a terminal illness
- You are aging or dealing with ongoing health issues
- You are planning to undergo an in-patient procedure that requires anesthesia
Regardless of whether this Wisconsin Medical Power of Attorney is being generated as part of a long-term plan or produced in response to an urgent issue, witnesses and/or notarization can often help to protect your document if its validity is challenged.
What is the difference between a Wisconsin Healthcare Proxy and a Wisconsin Medical Power of Attorney?
Sometimes, in the process of researching the topics of estate planning and/or elder care, you or a loved one might hear the terms "healthcare power of attorney", "medical power of attorney" and "healthcare proxy" used interchangeably. In short, they are one and the same. That being said, you should keep in mind that it is certainly possible to give power of attorney over affairs that are not related to medical care. In that case, "proxy" typically is not the preferred term.
Do I need to hire an attorney for my Wisconsin Medical PoA?
Wisconsin Medical PoA forms are normally straightforward; however, you might have legal questions. Seeking out an attorney to provide feedback on your Wisconsin Medical Power of Attorney can be time-intensive and relatively costly. An easier and more cost-effective route is to request help from the Rocket Lawyer On Call® network of attorneys. If you sign up for a Premium membership, you can get your document reviewed or ask specific questions. You can rest assured that Rocket Lawyer is here for you.
What might I usually pay to get a Power of Attorney form for health care in Wisconsin?
The cost of finding and working with your average law firm to make a Medical Power of Attorney might be anywhere between $200 and $500, depending on your location. Unlike most other Power of Attorney template websites that you may discover, Rocket Lawyer gives Premium membership holders up to a 40% discount when hiring a lawyer, so an attorney can take action on your behalf if you ever require support.
Will there be any additional actions to take after drafting a Wisconsin Medical Power of Attorney?
With a Rocket Lawyer membership, you may make edits, download it, or print it out. In order to finish up your Power of Attorney, it must be signed. Take care to send a copy of your fully signed document to your agent(s) and care providers.
Does a Medical Power of Attorney need to be notarized, witnessed, and/or recorded in Wisconsin?
The specific requirements for PoA forms are different by state; however, in Wisconsin, your document will need two witnesses. Your chosen witnesses should not be people who are responsible for the cost of your medical care, or any healthcare provider/facility or their employee (other than a chaplain or social worker). You should also exclude family members, including your spouse, domestic partner, or adopted children, along with other relatives, heirs, or beneficiaries. As a general standard, your witness(es) will need to not be under the age of 18, and no witness should also be named as your PoA agent.
See Wisconsin Medical/Healthcare Power of Attorney law: Ch. 155