Yes. The existence of a valid Health Care Power of Attorney (HCPOA) does not prevent the filing of a guardianship petition or the appointment of a guardian, but it significantly affects the court’s analysis because Wisconsin law favors less restrictive alternatives when sufficient.
A court may determine that an...
In Wisconsin, an agent acting under a power of attorney, whether a financial power of attorney under Chapter 244 or a health care power of attorney under Chapter 155, is not automatically liable for decisions made in good faith within the scope of the authority granted, but an agent can be held...
Yes. Under Wisconsin law, a health care power of attorney is generally revocable at any time by the principal, so long as the principal has the capacity to revoke it. Wisconsin recognizes several methods of revocation: canceling, defacing, obliterating, burning, tearing, or otherwise destroying the document with the intent to revoke it;...
Yes. Although a Wisconsin health care agent generally has broad authority to make health care decisions for an incapacitated principal, Chapter 155 imposes several important limitations on that authority.
The principal’s expressed wishes control, and the agent must act in good faith and consistently with the instructions in the...
In Wisconsin, any individual who is at least 18 years old and of sound mind may execute (sign) a Health Care Power of Attorney, provided they do so voluntarily, and a person who has been adjudicated incompetent and has a guardian of the person appointed is presumed not to be of sound...
From an estate planning perspective, graduating from college in Wisconsin is a “life reset” moment: you’re opening accounts, naming beneficiaries, and starting to accumulate assets that may later pass outside your control if nothing is set up correctly. Even if you don’t own much yet, a simple, practical checklist now will save...
Even if you are currently in good health, an unexpected illness or injury could leave you unable to make your own medical decisions. A medical power of attorney is a crucial component of your estate plan that allows you to designate a trusted individual (your agent) to make healthcare choices on your...
More couples than ever are building deep, lasting relationships without ever walking down the aisle. Whether by choice, circumstance, or principle, many Americans are opting out of marriage—but not out of commitment. Data indicate that cultural norms regarding marriage in the United States have undergone significant shifts over the past several decades....
You and your spouse have recently divorced, and the judge has signed the divorce decree. Now what? Although you may feel that you have spent enough time and money on lawyers, there is one last attorney you need to talk to: an estate planning attorney. If you and your former spouse created...
Now that we are in March, we are well past the point at which most of us have abandoned our New Year’s resolutions. As in previous years, improving physical health ranked among the top goals that Americans set for themselves in 2025.[1] But while goals like losing weight and building...
