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Power of Attorney for Health Care in Wisconsin: The Form, Witnesses and Limits
A Wisconsin power of attorney for health care needs two qualified witnesses, takes effect on a two-professional finding of incapacity, and has built-in limits. Here is how it works, from Wis. Stat. ch. 155.
By naveen · Updated · How we research our guides
What to know
- A Wisconsin power of attorney for health care must be in writing, dated, signed by your parent and signed in the presence of two qualified witnesses (Wis. Stat. 155.10).
- It takes effect when two physicians, or a physician and an advanced practice clinician, examine your parent and find incapacity.
- Unless the document authorizes it, the health care agent can't approve a long-term nursing home admission or withdraw a feeding tube.
- The Department of Health Services publishes the official forms free: the Power of Attorney for Health Care (F-00085) and the living will, called a Declaration to Health Care Professionals (F-00060).
- Retirement Checklist puts these documents in order alongside everything else your family needs to settle.
A power of attorney for health care in Wisconsin lets your parent name a health care agent to make decisions "if the individual cannot, due to incapacity." Under Wis. Stat. 155.10, it must be in writing, dated and signed, "Signed in the presence of 2 witnesses," and voluntary. No notary is required. The Department of Health Services' form tells signers: "The principal and the witnesses all must sign the document at the same time."
What is a power of attorney for health care in Wisconsin?
It's "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." Any adult of sound mind can make one, and can name an alternate agent if the first can't serve.
While your parent still has capacity, they stay in charge: "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." It's separate from a financial power of attorney; see our Wisconsin power of attorney guide.
How is it different from a living will?
A power of attorney for health care names a decision-maker, while Wisconsin's living will, the Declaration to Health Care Professionals, records your parent's own instructions about life-sustaining procedures and feeding tubes.
| Document | What it does | Law |
|---|---|---|
| Power of attorney for health care | Names an agent for health care decisions during incapacity | Wis. Stat. ch. 155 |
| Declaration to Health Care Professionals (Wisconsin living will) | Authorizes withholding life-sustaining procedures or feeding tubes in a terminal condition or persistent vegetative state | Wis. Stat. ch. 154 |
If they conflict, the power of attorney for health care controls: its provisions "supersede any directly conflicting provisions of a valid declaration." For the general picture, see power of attorney vs. advance directive.
How do you sign a power of attorney for health care in Wisconsin?
Your parent dates and signs it in front of two qualified witnesses, with no notary. Under Wis. Stat. 155.10(1), it must be:
- in writing;
- dated and signed by your parent, or by an adult at their express direction and in their presence;
- signed in the presence of two witnesses who meet the statute's requirements;
- voluntarily executed.
Witnessing can also happen by live video, but only under specific conditions that start with supervision by a Wisconsin attorney.
Who can't be a witness in Wisconsin?
A witness must be at least 18 and, at the time of signing, can't be:
- related to your parent by blood, marriage or adoption, or their domestic partner;
- someone who knows they're entitled to or have a claim on part of your parent's estate;
- directly financially responsible for your parent's health care;
- a health care provider serving your parent, or an employee of that provider or of an inpatient facility where your parent is a patient, other than a chaplain or social worker;
- the health care agent.
That rules out family. The living will has a similar witness list.
Who can't serve as the health care agent?
Under Wis. Stat. 155.05(3), your parent's health care provider, an employee of that provider, an employee of a facility where your parent is a patient or lives, or the spouse of any of them, can't be the agent "unless the health care provider, employee or spouse of the provider or employee is a relative of the individual." Family members can serve.
When does the agent start making decisions?
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 specifying that the principal has incapacity" (Wis. Stat. 155.05(2)). The clinician can be a psychologist, a nurse practitioner or a qualifying physician assistant.
The statute adds safeguards: "Mere old age, eccentricity or physical disability, either singly or together, are insufficient to make a finding of incapacity," and neither professional can be a relative or expect to inherit.
What can't the agent decide without express permission?
Without express authorization in the document, the agent can't approve a long-term nursing home admission, withdraw a feeding tube, or make decisions while knowing your parent is pregnant, and some mental health decisions are off limits entirely (Wis. Stat. 155.20):
- Nursing homes. Without specific authorization, the agent can approve only short stays, such as recuperative care of up to 3 months directly from a hospital, or a respite stay of up to 30 days. The state form says that if neither box is checked, the agent "may admit me only for short-term stays for recuperative care or respite care."
- Feeding tubes. The agent can consent to withholding or withdrawing a feeding tube only "if the power of attorney for health care instrument so authorizes." If neither box is checked, the agent "may not have a feeding tube withdrawn."
- Pregnancy. Unless the document authorizes it, the agent can't make health care decisions if the agent knows your parent is pregnant.
- Mental health. The agent can't consent to inpatient admission to certain mental health facilities, or to experimental mental health research, psychosurgery or electroconvulsive treatment.
Your parent makes these choices on the form, and the defaults, if no box is checked, are restrictive.
Where do you get the official Wisconsin forms?
The Wisconsin Department of Health Services publishes them free, saying "These forms are meant for you to complete without needing help from an attorney":
- Power of Attorney for Health Care, letter and form (F-00085)
- Declaration to Health Care Professionals (Wisconsin Living Will) (F-00060)
- Power of Attorney for Finance and Property (F-00036)
- Authorization for Final Disposition
Your parent can also file the health care document for safekeeping with the register in probate of their county, for a fee.
What happens if your parent has no health care document?
Wisconsin's chapters on health care powers of attorney, living wills, guardianship and facility admissions (chs. 50, 54, 154, 155 and 244) don't give family a general power to consent to treatment. The statutes say only that failing to sign one "creates no presumption about the intent of any individual," and a guardianship petition can be dismissed when advance planning makes it unnecessary.
There's one narrow route. Under Wis. Stat. 50.06, a family member or close friend in a set order (spouse or domestic partner, adult child, parent, adult sibling, grandparent, adult grandchild, adult close friend) can consent to admission from a hospital directly to a nursing home or community-based residential facility. Since June 1, 2026, that "patient's representative" can do it without a guardianship or protective placement petition being filed first, a route the statute ends after June 1, 2029, and with authority that ends if a guardian is appointed or a health care power of attorney turns up. Without a document, a broader need for decisions can mean guardianship.
How do you revoke a Wisconsin power of attorney for health care?
Under Wis. Stat. 155.40, your parent can revoke it at any time by:
- destroying it, or directing someone else to in their presence;
- a signed, dated written statement;
- saying so "in the presence of 2 witnesses";
- signing a new power of attorney for health care.
If your parent named their spouse or domestic partner, the document is revoked when the divorce is obtained or the partnership ends. If a court later finds your parent incompetent, the document remains in effect unless the court revokes or limits it.
Frequently asked questions
Does a health care power of attorney need to be notarized in Wisconsin?
No. Wis. Stat. 155.10 requires your parent's dated signature in the presence of two qualified witnesses, and doesn't require a notary. The state form says the principal and the witnesses must all sign at the same time. Witnesses can't be relatives, heirs, your parent's care providers or the agent.
Can a family member witness a Wisconsin health care power of attorney?
No. Wis. Stat. 155.10(2) bars anyone related to your parent by blood, marriage or adoption, a domestic partner, anyone with a claim on the estate, anyone financially responsible for your parent's care, and the agent. A family member can still be named as the health care agent.
Where can I get the Wisconsin power of attorney for health care form?
The Wisconsin Department of Health Services publishes the Power of Attorney for Health Care, form F-00085, free on its website, along with the living will and financial power of attorney. Its standard wording comes from Wisconsin law, and the department also sells printed copies.
Can the health care agent put my parent in a nursing home?
Only for short stays unless the document authorizes more. Under Wis. Stat. 155.20, without specific authorization the agent can approve recuperative care of up to 3 months after a hospital stay, or a respite stay of up to 30 days. Longer admissions need your parent to check that option on the form.
Is a health care power of attorney from another state valid in Wisconsin?
Yes, within limits. Under Wis. Stat. 155.70(10), a document executed in another state in compliance with that state's law is valid in Wisconsin to the extent it authorizes decisions a Wisconsin health care agent could make. Wisconsin's own limits, such as on nursing home admissions, still apply.
Can my parent change their mind after signing?
Yes. Your parent can revoke a Wisconsin power of attorney for health care at any time by destroying it, signing a dated written revocation, saying so in front of two witnesses, or signing a new one. While your parent has capacity, their own wishes override the agent's.
Getting started
A health care power of attorney only helps if it's signed while your parent can sign it, with two qualified witnesses, and with the nursing home and feeding tube choices made. The plan this site builds asks four questions, including which state your parents live in, and puts the steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- Wis. Stat. chapter 155, Power of Attorney for Health Care: signing and witnesses (155.10), the agent and incapacity (155.05), limits (155.20), revocation (155.40) and out-of-state documents (155.70).
- Wis. Stat. chapter 154, Declarations to Health Care Professionals: the Wisconsin living will.
- Wis. Stat. 50.06, Patient's representative: hospital-to-facility admissions without a document.
- Wisconsin Department of Health Services, Advance directive forms: the free official forms.
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