Wisconsin Statutes 155.10 – Power of attorney for health care instrument; execution; witnesses
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Terms Used In Wisconsin Statutes 155.10
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(1) A valid power of attorney for health care instrument shall be all of the following:
(a) In writing.
(b) 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.
(c) Signed in the presence of 2 witnesses who meet the requirements of sub. (2).
(d) Voluntarily executed.
(2) A witness to the execution of a valid power of attorney for health care instrument shall be an individual who has attained age 18. No witness to the execution of the power of attorney for health care instrument may, at the time of the execution, be any of the following:
(a) Related to the principal by blood, marriage, or adoption, or the domestic partner under ch. 770 of the individual.
(b) Have knowledge that he or she is entitled to or has a claim on any portion of the principal’s estate.
(c) Directly financially responsible for the principal’s health care.
(d) 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.
(e) The principal’s health care agent.