Power of Attorney and Health Care – General – Wisconsin
Wisconsin has adopted the Uniform Power of Attorney Act. According to the Act, a “durable power of attorney” is a power of attorney by which a principal designates another as his or her agent in writing and the writing contains the words “this power of attorney shall not be affected by subsequent disability or incapacity of the principal”, or “this power of attorney shall become effective upon the disability or incapacity of the principal”, or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability or incapacity.
A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal. Wis. Stat. Sec. 244.04 Power of attorney is durable.
o execute a power of attorney the principal must sign the power of attorney or another individual, in the principal’s conscious presence and directed by the principal, must sign the principal’s name on the power of attorney. A signature of the principal on a power of attorney is presumed to be genuine if the principal makes an acknowledgment of the power of attorney before a notarial officer authorized under s. 706.07 to take acknowledgments.
A copy of a basic power of attorney for finances and property has the same force and effect as the original.
Durable Power of Attorney:
A power of attorney for finances and property that is legally sufficient under this section is durable to the extent that durable powers are permitted under the uniform durable power of attorney act and the power of attorney itself contains language showing the intent of the principal that the power granted may be exercised notwithstanding later disability or incapacity.
When a power of attorney is effective:
(1) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
(2) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine that the event or contingency has occurred.
(3) If a power of attorney becomes effective upon the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person so authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by one of the following:
(a) A physician licensed under ch. 448 or a psychologist licensed under ch. 455 that the principal is incapacitated within the meaning of s. 244.02 (7) (a).
(b) An attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of s. 244.02 (7) (b), (c), or (d).
(c) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal’s personal representative under 42 USC 1320d, the Health Insurance Portability and Accountability Act, and applicable regulations, to obtain access to the principal’s health-care information and communicate with the principal’s health care provider.
Relation to Power of Attorney for Health Care:
The execution of a power of attorney for finances and property does not confer on the agent any of the powers or duties conferred on a health care agent by the power of attorney for health care.
Amendment, Revocation, and Invalidation Requirements:
A principal may amend a power of attorney for finances and property only by revoking that power of attorney and completing a new power of attorney for finances and property.A principal may revoke a power of attorney for finances and property and invalidate it at any time by destroying it, by directing another person to destroy it in the principal’s presence or by signing a written and dated statement expressing the principal’s intent to revoke.
If the agent under the power of attorney for finances and property is the principal’s spouse and the marriage is annulled, or the agent and principal are divorced, after signing the document, the power of attorney for finances and property is invalid.
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