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Wisconsin Durable Power of Attorney Laws
Explanation of Chart and More Information on Durable Power of Attorney Laws
| Code Section | 155.01 et seq. Power of Attorney for Health Care |
| Specific Powers, Life-Prolonging Acts | Designation of another for purpose of making informed decisions in the exercise of the right to accept, maintain, discontinue, or refuse any care, treatment, service or procedure to diagnose, maintain, or treat physical or mental condition. Feeding tube may be withheld or withdrawn unless it would cause pain. Agent may not consent to withholding or withdrawing of orally ingested nutrition or hydration unless provision is medically contraindicated |
| Legal Requirements for Durable Power of Attorney | (1) 18 yrs. and sound mind; (2) in writing; (3) signed; (4) dated; (5) 2 witnesses; (6) voluntarily executed; (7) takes effect upon finding of incapacity by 2 physicians; (8) substantially same form as §155.30; (9) may file with register in probate |
| Revocation of Durable Power of Attorney | Revocable at any time by (1) canceling or destroying document; (2) revocation in writing signed and dated; (3) verbal revocation in presence of 2 witnesses; (4) executing a subsequent power of attorney; (5) divorce if former spouse was attorney-in-fact. |
| Validity from State-to-State | - |
| If Physician Unwilling to Follow Durable Power of Attorney | Must make good faith attempt to transfer principal to complying physician. |
| Immunity for Attending Physician | No civil, criminal, or professional liability if acting in good faith |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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