155.10 Power of attorney for health care instrument; execution; witnesses.

(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.

History: 1989 a. 200; 1991 a. 281; 2009 a. 28.

Wisconsin statutes provide 3 instruments through which an individual may state healthcare wishes in the event of incapacitation: a “declaration to physicians," a “do-not-resuscitate order," and a “health care power of attorney." These statutory instruments apply under specific circumstances, have their own signature requirements, and may be limited in the extent of authorization they afford. A form will trigger no statutory immunities for healthcare providers when it lacks the features of these statutory documents. A court might conclude, however, that such a form is relevant in discerning a person's intent. OAG 10-14