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 mind for this purpose.
To be valid, the document must be in writing, dated, be signed by the principal (or by another adult at the principal’s express direction and in the principal’s presence), be signed in the presence of two qualified adult witnesses, and be voluntarily executed.
Wisconsin law also restricts who may serve as a witness. Generally, witnesses cannot be the named health care agent; a health care provider caring for the principal (with limited exceptions such as certain chaplains or social workers); an employee of the treating health care provider or facility (subject to similar exceptions); a relative by blood, marriage, domestic partnership, or adoption; or someone with a known claim against the principal’s estate or who is directly financially responsible for the principal’s health care.
Please contact our Madison, Wisconsin estate planning attorneys if you would like to learn more on this topic!