After a Wisconsin Health Care Power of Attorney (HCPOA) has been properly executed, it should be stored and distributed so it is readily available if the principal becomes incapacitated.
Wisconsin law does not require filing the document with a court or recording it with a government office. Best practices include keeping the original in a safe but accessible location (not locked away where it cannot be accessed in an emergency), providing copies to the health care agent and any successor agents so they understand the principal’s wishes, providing copies to the principal’s physicians and health care providers so the document can be placed in the medical record, giving copies to hospitals or long‑term care facilities where the principal receives care (especially with ongoing conditions or residence in a nursing home or assisted living facility), providing copies to trusted family members or others involved in the principal’s care when appropriate to reduce confusion and disputes, and reviewing and updating the document periodically after major life events or significant changes in health or wishes, with prompt notice and updated documents or revocations sent to everyone who has copies if the HCPOA is replaced or revoked.
Under Wisconsin law, photocopies and electronic copies are generally as effective as the original for relying on and implementing the HCPOA unless there is a genuine question about authenticity, and health care providers acting in good‑faith reliance on an apparently valid copy are generally protected from liability, so it is common for the principal, the agent, and providers each to maintain a copy.
Please contact our Madison, Wisconsin estate planning attorneys if you would like to learn more on this topic!