Wisconsin: Health Care Power of Attorney Requirements
The short answer
A Wisconsin power of attorney for health care is valid when a person of sound mind who is at least 18 signs and dates it before two qualified witnesses. Wisconsin does not require (or use) a notary for this document, and both witnesses must be unrelated to you and independent of your care. Unless the document says otherwise, your agent can act only after two physicians (or a physician and an advanced practice clinician) certify that you lack capacity — and your agent can never commit you to a mental institution or, unless you expressly allow it, have a feeding tube withdrawn.
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This is the general rule in Wisconsin. Ezel applies current Wisconsin law to your specific facts and answers with citations to the statutes.
| Governing law & document | Power of Attorney for Health Care, Wis. Stat. ch. 155 — a standalone health care POA, separate from the 'declaration to physicians'/living will (subch. II of ch. 154) and from DNR orders; a valid health care POA supersedes directly conflicting provisions of a ch. 154 declaration (§ 155.70(3)). Statutory form at § 155.30, whose notice and limitation language must appear on forms distributed for use without a lawyer. |
|---|---|
| Who can sign | An individual of sound mind who has attained age 18 (§ 155.05(1)); someone under a guardianship of the person is presumed not of sound mind. The instrument must be dated and signed by the principal, or by an adult (18+) at the principal's express direction and in their presence (§ 155.10(1)(b)). |
| Witnesses or notary | Two witnesses, no notary. The instrument must be 'signed in the presence of 2 witnesses' who meet § 155.10(2) (§ 155.10(1)(c)); notarization is not required. The two witnesses may also appear by supervised, real-time audiovisual technology (§ 155.10(3)). |
| Who can't witness or serve | Witnesses (§ 155.10(2)): 18+, and none may be related to the principal by blood, marriage, adoption, or as a domestic partner, have a claim on the estate, be directly financially responsible for the principal's health care, or be a health care provider serving the principal (or that provider's or an inpatient facility's employee, other than a chaplain or social worker). Agent (§ 155.05(3)): the principal's health care provider, their employee, an employee of a facility where the principal is a patient or resides, or a spouse of any of them may not serve as agent unless a relative. |
| When the agent can act | Springing by default: unless the instrument specifies otherwise, it takes effect on a finding of incapacity by two physicians, or one physician and one licensed advanced practice clinician, who personally examine the principal and sign a statement of incapacity; neither may be a relative or have a claim on the estate (§ 155.05(2)). A principal who has capacity overrides the agent at all times (§ 155.05(4)). |
| Agent's powers & limits | Broad authority over the principal's health care, but with firm default limits in the statutory form (§ 155.30): the agent 'may not admit or commit' the principal on an inpatient basis to a mental institution or treatment facility, and may not consent to experimental mental health research, psychosurgery, electroconvulsive treatment, or drastic mental health treatment; the agent may withhold or withdraw a feeding tube only if the principal expressly authorized it (and never oral nutrition/hydration unless medically contraindicated); long-term nursing-home or CBRF admission needs the principal's express authorization. No act to end life is allowed beyond withholding or withdrawing care to permit natural dying (§ 155.70(7)). |
| How to revoke | Revoke at any time by destroying the instrument (or directing another to, in the principal's presence), a signed and dated written revocation, a verbal statement before two witnesses, or executing a later instrument (§ 155.40(1)). If the agent is the principal's spouse or domestic partner and the marriage is annulled, a divorce is obtained, or the domestic partnership is terminated after execution, the health care POA is revoked and the instrument is invalid (§ 155.40(2)). |
| Out-of-state directives | Yes, to the extent of the agent's authority. A document appointing a health care agent that was validly executed in another state 'is valid and enforceable in this state to the extent that the document authorizes the health care agent to make decisions for the principal that a health care agent may make ... under this chapter' (§ 155.70(10)). |
Compare this rule across all 50 states + DC →
Wisconsin keeps the two advance-planning documents separate and gives the health
care agent its own chapter. The power of attorney for health care — the document
that names someone to make your medical decisions — lives in Wis. Stat. ch. 155. The
"living will" (in Wisconsin, a declaration to physicians about life-sustaining
care) is a different document in ch. 154. This page is about the ch. 155 document:
appointing a health care agent. If the two ever conflict, your health care POA
controls over a ch. 154 declaration (§ 155.70(3)).
Requirements one by one
Governing law and document
Chapter 155 supplies the rules and a statutory form at § 155.30. The form is not
strictly mandatory, but the notice and limitation language in it "must be included on
health care power of attorney forms that are distributed or sold in Wisconsin for use
by persons who lack legal counsel" — so most Wisconsin forms track it closely.
Who can sign
Under § 155.05(1), "[a]n individual who is of sound mind and has attained age 18
may voluntarily execute a power of attorney for health care." A person for whom a
guardian of the person has been appointed is "presumed not to be of sound mind" for
this purpose. The instrument must be "[d]ated 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)(b)) — so someone else may sign for you, but only at your
direction and in your presence.
Witnesses or notary
Wisconsin uses two witnesses and does not use a notary for this document. Section
155.10(1)(c) requires the instrument to be "[s]igned in the presence of 2 witnesses
who meet the requirements of sub. (2)." There is no notarization option or requirement.
Wisconsin does allow the two witnesses to appear remotely, by supervised two-way,
real-time audiovisual technology, if an attorney supervises and a detailed set of
conditions is met (§ 155.10(3)).
Who can't witness or serve
Wisconsin's witness rule is strict — stricter than many states, because it bars all
relatives. Under § 155.10(2), a witness must be 18 and may not be "[r]elated to the
principal by blood, marriage, or adoption, or the domestic partner"; may not have "a
claim on any portion of the principal's estate"; may not be "[d]irectly financially
responsible for the principal's health care"; and may not be a "health care provider
who is serving the principal," or an employee (other than a chaplain or social worker)
of that provider or of an inpatient facility where the principal is a patient. Both
witnesses must clear all of these — you cannot use even one relative.
Separately, who may serve as agent is limited by § 155.05(3): your health care
provider, their employee, an employee of a facility where you are a patient or reside,
or a spouse of any of them cannot be your agent "unless" that person "is a relative of
the individual."
When the agent can act
By default the power is springing. Under § 155.05(2), unless the document says
otherwise, it "takes effect upon a finding of incapacity by 2 physicians ... or one
physician and one licensed advanced practice clinician, who personally examine the
principal and sign a statement" of incapacity. The two clinicians cannot be relatives
or people with a claim on your estate. And "[t]he 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(4)) — while you can still decide for yourself, you do.
Agent's powers and limits
Your agent gets broad authority over your health care, but Wisconsin writes several
hard limits into the statutory form (§ 155.30). On mental health, "[m]y health care
agent may not admit or commit me on an inpatient basis to an institution for mental
diseases ... a state treatment facility or a treatment facility," and "may not consent
to experimental mental health research or psychosurgery, electroconvulsive treatment
or drastic mental health treatment." On feeding tubes, the agent may have one withheld
or withdrawn only if you expressly checked "Yes"; if you leave it blank, "my health
care agent may not have a feeding tube withdrawn from me," and oral nutrition and
hydration can never be withheld unless medically contraindicated. Long-term nursing
home or community-based residential facility admission likewise requires your express
authorization. Beyond all this, nothing in ch. 155 permits "any affirmative or
deliberate act to end life" other than allowing the natural process of dying
(§ 155.70(7)).
How to revoke
Under § 155.40(1) you may revoke "at any time" by destroying the instrument (or
directing someone to destroy it in your presence), a signed and dated written
revocation, a verbal statement "in the presence of 2 witnesses," or executing a new
health care POA. Wisconsin also revokes a spouse- or domestic-partner-agent
automatically: under § 155.40(2), if that marriage "is annulled or divorce ... is
obtained or the domestic partnership ... is terminated," the POA "is revoked and the
power of attorney for health care instrument is invalid." Note the trigger is a
completed divorce or annulment, not merely filing.
Out-of-state directives
A health care POA you signed in another state carries over, within limits. Section
155.70(10) makes a document appointing a health care agent, validly executed
elsewhere, "valid and enforceable in this state to the extent that the document
authorizes the health care agent to make decisions ... that a health care agent may
make for a principal under this chapter." In other words, Wisconsin honors it, but
your out-of-state agent cannot exercise powers that a Wisconsin agent could not.
What trips people up
- No notary — and you cannot fix a missing witness with one. Wisconsin validates
this document with two qualifying witnesses only (§ 155.10(1)(c)). A notarized but
unwitnessed form does not meet the requirement. - You cannot use a relative as a witness. Unlike states that allow one related
witness, Wisconsin disqualifies anyone related by blood, marriage, adoption, or
domestic partnership from witnessing (§ 155.10(2)(a)). Line up two disinterested
adults. - Feeding-tube authority is off by default. If you want your agent to be able to
stop tube feeding, you must check "Yes"; leaving it blank means your agent cannot
(§ 155.30). - Your agent can never commit you to a psychiatric facility. That limit is absolute
in the statutory form, along with bars on ECT, psychosurgery, and experimental mental
health treatment (§ 155.30). - A finalized divorce cancels a spouse-agent. Filing is not enough in Wisconsin —
but once the divorce or annulment is granted, the appointment is revoked and the
instrument is invalid (§ 155.40(2)). Sign a new one if you still want that person.
Common questions
Does a Wisconsin health care power of attorney need to be notarized?
No. It needs two qualifying witnesses; Wisconsin does not use a notary for this
document (§ 155.10(1)(c)).
Can my adult child witness my health care POA?
No. A child is related by blood and is disqualified as a witness (§ 155.10(2)(a)). Both
witnesses must be unrelated to you.
Can my agent put me in a nursing home or a psychiatric hospital?
Your agent can never commit you to an inpatient mental institution (§ 155.30). Long-term
nursing-home placement is allowed only if you expressly authorized it; otherwise the
agent is limited to short-term recuperative or respite stays.
Will the health care POA I signed in another state work in Wisconsin?
Yes, if it was valid where you signed it — but only to the extent its powers are ones a
Wisconsin agent could exercise (§ 155.70(10)).
Statutes and sources
- Wis. Stat. § 155.05 — who may execute (sound mind, age 18); default springing
effect on a two-clinician finding of incapacity; who may not serve as agent.
https://docs.legis.wisconsin.gov/document/statutes/155.05 (accessed 2026-07-16) - Wis. Stat. § 155.10 — execution: dated, signed, and witnessed by two qualifying
witnesses; witness disqualifications; remote audiovisual witnessing.
https://docs.legis.wisconsin.gov/document/statutes/155.10 (accessed 2026-07-16) - Wis. Stat. § 155.30 — statutory form, including the mental-health-treatment
limits and the opt-in feeding-tube rule.
https://docs.legis.wisconsin.gov/document/statutes/155.30 (accessed 2026-07-16) - Wis. Stat. § 155.40 — revocation methods; automatic revocation on divorce,
annulment, or termination of a domestic partnership with a spouse/partner agent.
https://docs.legis.wisconsin.gov/document/statutes/155.40 (accessed 2026-07-16) - Wis. Stat. § 155.70 — no act to end life beyond permitting natural dying;
recognition of an out-of-state health care agent document.
https://docs.legis.wisconsin.gov/document/statutes/155.70 (accessed 2026-07-16)
Source links
Every statute quoted above, linked, with the date we checked it.
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