CHAPTER 155
POWER OF ATTORNEY FOR HEALTH CARE
155.05 Power of attorney for health care.
155.10 Power of attorney for health care instrument; execution; witnesses.
155.20 Health care agent; powers; limitations.
155.30 Power of attorney for health care instrument; form.
155.40 Revocation of power of attorney for health care.
155.50 Duties and immunities.
155.65 Filing power of attorney instrument.
155.70 General provisions.
155.01
155.01
Definitions. In this chapter:
155.01(1)
(1) "Department" means the department of health and family services.
155.01(2m)
(2m) "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.
155.01(3)
(3) "Health care" means any care, treatment, service or procedure to maintain, diagnose or treat an individual's physical or mental condition.
155.01(4)
(4) "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.
155.01(5)
(5) "Health care decision" means an informed decision in the exercise of the right to accept, maintain, discontinue or refuse health care.
155.01(6)
(6) "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 or other place licensed or approved by the department under
s. 49.70,
49.71,
49.72,
50.02,
50.03,
50.35,
51.08 or
51.09 or a facility under
s. 45.365,
51.05,
51.06,
233.40,
233.41,
233.42 or
252.10.
155.01(7)
(7) "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, physician assistant, perfusionist, podiatrist, physical therapist, occupational therapist, or occupational therapy assistant licensed 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 to
185.985 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in
s. 50.49 (1) (a).
Effective date note
NOTE: Sub. (7) is shown below as affected by
2001 Wis. Acts 70 and
89, eff. 4-1-04.
Effective date text
(7) "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, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed 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 to 185.985 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).
155.01(8)
(8) "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.
155.01(9)
(9) "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.
155.01(10)
(10) "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.
155.01(11)
(11) "Principal" means an individual who executes a power of attorney for health care.
155.05
155.05
Power of attorney for health care. 155.05(1)
(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.
155.05(2)
(2) 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.
155.05(3)
(3) No health care provider for an individual, employee of that health care provider or employee of a health care facility in which an individual is a patient or resides, or a spouse of any of those providers or employees, may be designated by the individual as a health care agent unless the health care provider, employee or spouse of the provider or employee is a relative of the individual.
155.05(4)
(4) 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.
155.05(5)
(5) 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.
155.05 History
History: 1989 a. 200.
155.05 Annotation
Power of Attorney for Health Care. Sweet. Wis. Law. Sept. 1990.
155.05 Annotation
Planning Ahead for Incapacity. Shapiro. Wis. Law. Aug. 1991.
155.10
155.10
Power of attorney for health care instrument; execution; witnesses. 155.10(1)
(1) A valid power of attorney for health care instrument shall be all of the following:
155.10(1)(b)
(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.
155.10(1)(c)
(c) Signed in the presence of 2 witnesses who meet the requirements of
sub. (2).
155.10(2)
(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:
155.10(2)(a)
(a) Related to the principal by blood, marriage or adoption.
155.10(2)(b)
(b) Have knowledge that he or she is entitled to or has a claim on any portion of the principal's estate.
155.10(2)(c)
(c) Directly financially responsible for the principal's health care.
155.10(2)(d)
(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.
155.10 History
History: 1989 a. 200;
1991 a. 281.
155.20
155.20
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
(b),
(3) and
(4) 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.
155.20(2)(a)(a) A health care agent may not consent to admission of the principal on an inpatient basis to any of the following:
