155.60(4)(b)
(b) If the principal has designated an alternate health care agent and if the powers of the first-designated health care agent are rescinded under
par. (a) 3., the alternate health care agent is the health care agent and
par. (a), except
par. (a) 3., applies.
155.60 History
History: 1989 a. 200.
155.65
155.65
Filing power of attorney instrument. 155.65(1)
(1) A principal or a principal's health care agent may, for a fee, file the principal's power of attorney for health care instrument, for safekeeping, with the register in probate of the county in which the principal resides.
155.65(2)
(2) If a principal or health care agent has filed the principal's power of attorney for health care instrument as specified in
sub. (1), the following persons may have access to the instrument without first obtaining consent from the principal:
155.65(2)(b)
(b) A health care provider who is providing care to the principal.
155.65(2)(c)
(c) The court and all parties involved in proceedings for guardianship of the principal under
ch. 880, for emergency detention under
s. 51.15, for involuntary commitment under
s. 51.20, or for protective placement or protective services under
ch. 55.
155.65(2)(d)
(d) Any person under the order of a court for good cause shown.
155.65(3)
(3) Failure to file a power of attorney for health care instrument under
sub. (1) creates no presumption about the intent of an individual with regard to his or her health care decisions.
155.65 History
History: 1991 a. 281.
155.70
155.70
General provisions. 155.70(1)(a)(a) The making of a health care decision on behalf of a principal under the principal's power of attorney for health care instrument does not, for any purpose, constitute suicide. Execution of a power of attorney for health care instrument under this chapter does not, for any purpose, constitute attempted suicide.
155.70(1)(b)
(b) Paragraph (a) does not prohibit an insurer from making a determination that a principal has attempted suicide or committed suicide based on the principal's action to do so, apart from the power of attorney for health care instrument.
155.70(2)
(2) No individual may be required to execute a power of attorney for health care as a condition for receipt of health care or admission to a health care facility. The designation by a principal of a health care agent under a power of attorney for health care instrument is not a bar to the receipt of health care or admission to a health care facility.
155.70(3)
(3) This chapter does not apply to the provisions of a valid declaration executed 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 under
subch. II of ch. 154 for a declarant who is that principal.
155.70(4)(a)(a) Nothing in this chapter may be construed to render invalid a durable power of attorney that is executed under
s. 243.07 prior to April 28, 1990.
155.70(4)(b)
(b) A health care decision made under the authority of a durable power of attorney specified in
par. (a) is valid.
155.70(5)
(5) No insurer may refuse to pay for goods or services covered under a principal's insurance policy solely because the decision to use the goods or services was made by the principal's health care agent.
155.70(6)
(6) A power of attorney for health care instrument that is in its original form or is a legible photocopy or electronic facsimile copy is presumed to be valid.
155.70(7)
(7) Nothing in this chapter may be construed to condone, authorize, approve or permit any affirmative or deliberate act to end life other than the withholding or withdrawing of health care under a power of attorney for health care so as to permit the natural process of dying. In making health care decisions under a power of attorney for health care, an attempted suicide by the principal may not be construed to indicate a desire of the principal that health care treatment be restricted or inhibited.
155.70(8)
(8) Failure to execute a power of attorney for health care document under this chapter creates no presumption about the intent of any individual with regard to his or her health care decisions.
155.70(9)
(9) A power of attorney for health care instrument under s.
155.30 (1), 1989 stats., that is executed before, on or after May 14, 1992, and that is not subsequently revoked is governed by the provisions of ch.
155, 1989 stats.
155.80(1)(1) Whoever directly or indirectly coerces, threatens or intimidates an individual so as to cause the individual to execute a power of attorney for health care instrument shall be fined not more than $500 or imprisoned for not more than 30 days or both.
155.80(2)
(2) Whoever intentionally conceals, cancels, defaces, obliterates, damages or destroys a power of attorney for health care instrument without the consent of the principal for that instrument may be fined not more than $500 or imprisoned for not more than 30 days or both.
155.80(3)
(3) Whoever knowingly conceals, falsifies or forges a power of attorney for health care instrument with intent to create the false impression that a person other than the health care agent has been so designated shall be fined not more than $1,000 or imprisoned for not more than 9 months or both.
155.80(4)
(4) Whoever intentionally withholds actual knowledge of the revocation of a power of attorney for health care or of the falsification or forgery of a power of attorney for health care instrument shall be fined not more than $1,000 or imprisoned for not more than 9 months or both.
155.80(5)
(5) Whoever acts or attempts to act as a health care agent based on a power of attorney for health care that the individual knows has been executed without the voluntary consent of the principal, that the individual knows has been forged or substantially altered without the authorization of the principal, or that the individual knows has been revoked, shall be fined not more than $1,000 or imprisoned for not more than 9 months or both.
155.80 History
History: 1989 a. 200.
