POWER OF ATTORNEY FOR HEALTH CARE
Power of attorney for health care.
Power of attorney for health care instrument; execution; witnesses.
Health care agent; powers; limitations.
Power of attorney for health care instrument; form.
Revocation of power of attorney for health care.
Duties and immunities.
Filing power of attorney instrument.
In this chapter:
"Department" means the department of health and family services.
"Feeding tube" means a medical tube through which nutrition or hydration is administered into the vein, stomach, nose, mouth or other body opening of a declarant.
"Health care" means any care, treatment, service or procedure to maintain, diagnose or treat an individual's physical or mental condition.
"Health care agent" means an individual designated by a principal to make health care decisions on behalf of the principal or, if that individual is unable or unwilling to make those decisions, an alternate individual designated by the principal to do so.
"Health care decision" means an informed decision in the exercise of the right to accept, maintain, discontinue or refuse health care.
"Health care facility" means a facility, as defined in s. 647.01 (4)
, or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center, tuberculosis sanatorium or other place licensed or approved by the department under s. 49.70
or a facility under s. 45.365
or ch. 142
The bracketed language indicates the correct cross-reference. 1995 Wis. Act 27
renumbered ch. 142 to be ss. 233.40 to 233.42. Corrective legislation is pending.
"Health care provider" means a nurse licensed or permitted under ch. 441
, a chiropractor licensed under ch. 446
, a dentist licensed under ch. 447
, a physician, podiatrist or physical therapist licensed or a physician assistant, an occupational therapist or occupational therapy assistant certified under ch. 448
, a person practicing Christian Science treatment, an optometrist licensed under ch. 449
, a psychologist licensed under ch. 455
, a partnership thereof, a corporation or limited liability company thereof that provides health care services, an operational cooperative sickness care plan organized under ss. 185.981
that directly provides services through salaried employes in its own facility, or a home health agency, as defined in s. 50.49 (1) (a)
"Incapacity" means the inability to receive and evaluate information effectively or to communicate decisions to such an extent that the individual lacks the capacity to manage his or her health care decisions.
"Multipurpose senior center" means a facility that is the focal point for the delivery of services in a community to individuals aged 60 or older for purposes of the state plan under 42 USC 3027
"Power of attorney for health care" means the designation, by an individual, of another as his or her health care agent for the purpose of making health care decisions on his or her behalf if the individual cannot, due to incapacity.
"Principal" means an individual who executes a power of attorney for health care.
Power of attorney for health care. 155.05(1)
An individual who is of sound mind and has attained age 18 may voluntarily execute a power of attorney for health care. An individual for whom an adjudication of incompetence and appointment of a guardian of the person is in effect under ch. 880
is presumed not to be of sound mind for purposes of this subsection.
Unless otherwise specified in the power of attorney for health care instrument, an individual's power of attorney for health care takes effect upon a finding of incapacity by 2 physicians, as defined in s. 448.01 (5)
, or one physician and one licensed psychologist, as defined in s. 455.01 (4)
, who personally examine the principal and sign a statement specifying that the principal has incapacity. Mere old age, eccentricity or physical disability, either singly or together, are insufficient to make a finding of incapacity. Neither of the individuals who make a finding of incapacity may be a relative of the principal or have knowledge that he or she is entitled to or has a claim on any portion of the principal's estate. A copy of the statement, if made, shall be appended to the power of attorney for health care instrument.
No health care provider for an individual, employe of that health care provider or employe of a health care facility in which an individual is a patient or resides, or a spouse of any of those providers or employes, may be designated by the individual as a health care agent unless the health care provider, employe or spouse of the provider or employe is a relative of the individual.
The desires of a principal who does not have incapacity supersede the effect of his or her power of attorney for health care at all times.
A principal may designate an alternate individual to serve as his or her health care agent in the event that the health care agent first designated is unable or unwilling to do so.
History: 1989 a. 200
Power of Attorney for Health Care. Sweet. Wis. Law. Sept. 1990.
Planning Ahead for Incapacity. Shapiro. Wis. Law. Aug. 1991.
Power of attorney for health care instrument; execution; witnesses. 155.10(1)
A valid power of attorney for health care instrument shall be all of the following:
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.
Signed in the presence of 2 witnesses who meet the requirements of sub. (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:
Related to the principal by blood, marriage or adoption.
Have knowledge that he or she is entitled to or has a claim on any portion of the principal's estate.
Directly financially responsible for the principal's health care.
An individual who is a health care provider who is serving the principal at the time of execution, an employe, other than a chaplain or a social worker, of the health care provider or an employe, other than a chaplain or a social worker, of an inpatient health care facility in which the principal is a patient.
History: 1989 a. 200
; 1991 a. 281
Health care agent; powers; limitations. 155.20(1)(1)
Unless the power of attorney for health care instrument otherwise provides and except as specified in subs. (2) (a)
and s. 155.60 (2)
, the health care agent who is known to the health care provider to be available to make health care decisions for the principal has priority over any individual other than the principal to make these health care decisions.
A health care agent may not consent to admission of the principal on an inpatient basis to any of the following:
A principal may be admitted or committed on an inpatient basis to a facility specified in par. (a) 1.
only under the applicable requirements of ch. 51
A health care agent may consent to the admission of a principal to the following facilities, under the following conditions:
To a nursing home, for recuperative care for a period not to exceed 3 months, if the principal is admitted directly from a hospital inpatient unit, unless the hospital admission was for psychiatric care.
If the principal lives with his or her health care agent, to a nursing home or a community-based residential facility, as a temporary placement not to exceed 30 days, in order to provide the health care agent with a vacation or to release temporarily the health care agent for a family emergency.
To a nursing home or a community-based residential facility, for purposes other than those specified in subd. 2. a.
, if the power of attorney for health care instrument specifically so authorizes and if the principal is not diagnosed as developmentally disabled or as having a mental illness at the time of the proposed admission.
A health care agent may not consent to experimental mental health research or to psychosurgery, electroconvulsive treatment or drastic mental health treatment procedures for the principal.
A health care agent may consent to the withholding or withdrawal of a feeding tube for the principal if the power of attorney for health care instrument so authorizes, unless the principal's attending physician advises that, in his or her professional judgment, the withholding or withdrawal will cause the principal pain or reduce the principal's comfort. A health care agent may not consent to the withholding or withdrawal of orally ingested nutrition or hydration unless provision of the nutrition or hydration is medically contraindicated.
The health care agent shall act in good faith consistently with the desires of the principal as expressed in the power of attorney for health care instrument or as otherwise specifically directed by the principal to the health care agent at any time. The health care agent shall act in good faith consistently with any valid declaration executed by the principal under subch. II of ch. 154
, except that the provisions of a principal's valid power of attorney for health care instrument supersede any directly conflicting provisions of a valid declaration executed by the principal under subch. II of ch. 154
. In the absence of a specific directive by the principal or if the principal's desires are unknown, the health care agent shall, in good faith, act in the best interests of the principal in exercising his or her authority.
If the principal is known to be pregnant, the health care agent may make a health care decision on behalf of the principal that the power of attorney for health care instrument authorizes.
If necessary to implement the health care decisions that a health care agent is authorized to make, in accordance with the desires of the principal, the health care agent may sign or otherwise execute any documents, waivers or releases related to the principal's care or treatment.
Power of attorney for health care instrument; form. 155.30(1)(1)
A printed form of a power of attorney for health care instrument that is sold or otherwise distributed for use by an individual in this state who does not have the advice of legal counsel shall provide no authority other than the authority to make health care decisions on behalf of the principal and shall contain the following statement in not less than 10-point boldface type:
"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.