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Power of Attorney for Health Care

Many people avoid discussing death and dying because it is overwhelming and confusing. But we ALL need to prepare for an unexpected and life-threatening health crisis. And if you haven't already done so, the time to discuss, decide, and document your preferences is NOW.

Photo of familyDocumenting your wishes ensures that your right to control your health care decisions does not end if you are no longer able to communicate those decisions by yourself. This includes stating your preferences for appropriate medical and hospice care, life support, feeding tubes, resuscitation, organ donation, and other medical treatments.

What is a Power of Attorney for Health Care?

A Power of Attorney for Health Care, sometimes called "advance directives for health care," allows you to appoint an agent who will make treatment decisions on your behalf after you lose the ability to do so. Your agent should be someone who is at least 18 years of age, and who knows your values and wishes. Your agent will need to talk to physicians regularly and stay informed of your condition, treatment plan, and chances for recovery. He or she must be willing to to make decisions that are consistent with your wishes, and communicate those wishes to the health care team. Your agent is usually a spouse, trusted relative, or friend.

A State of Wisconsin Power of Attorney for Health Care Form Link to external site and instructions are available at the WI Dept of Health and Family Services (DHFS) website. You will need Adobe Reader Link to external site to view this document at the DHFS website.

You may also request up to two forms free of charge by sending a stamped, self-addressed business-sized envelope to the WI Dept of Health & Human Services:

Power of Attorney
DHFS Division of Public Health
PO Box 309
Madison, WI 53701-0309

Preparing a Power of Attorney for Health Care

Any competent individual age 18 or older may prepare a Power of Attorney for Health Care.

  • Read all the instructions and considerations outlined in a Power of Attorney for Health Care document. The State of Wisconsin's Power of Attorney for Health Care form Link to external site is a valid document you may use. You may prefer to work with your lawyer to write a Power of Attorney for Health Care.
  • Designate your health care agent (provide name, address, and phone number) and sign and date the document.
  • You will need two witnesses to sign the document with you. Witnesses must be 18 years or older, and cannot be related to you by blood, marriage, or adoption; and not financially responsible for your health care. A witness also cannot be a health care provider who is caring for you, or an employee of the health care provider or in-patient facility where you are receiving care. A social worker or chaplain associated with that facility can be a witness.
  • Keep the signed document in a safe, easily accessible place.
  • Give your designated health care agent a copy of your signed Power of Attorney for Health Care.
  • Let family members and friends know the name of the person you have designated as your health care agent.
  • You are responsible for informing your physician that you have designated a health care agent.
  • A copy of your Power of Attorney for Health Care may be submitted to Medical Records to be added to your file.

Important Details

You may state in the Power of Attorney for Health Care any types of health care that you do or do not desire, and you may limit the authority of your health care agent.

You may indicate an alternate health care agent if your primary agent is ever unable or unwilling to make decisions for you.

If you have appointed an agent for Power of Attorney for Finance and Property, this person does not have the authority to make health care decisions on your behalf, unless you have also appointed them as agent for Power of Attorney for Health Care. It is common for people to appoint one agent for health care decisions and another agent to handle financial matters.

If you also have a valid Declaration to Physicians (Living Will), the Power of Attorney for Health Care supercedes any conflicting directives in the living will. In other words, your agent has the authority to make a different decision from your Declaration to Physicians/Living Will, if the declaration does not match what they understand to be your treatment preferences and wishes. You should be sure that the person you appoint as your agent is someone you trust and who will always honor your wishes.

NOTE: Two physicians, or a physician and a psychologist, must declare that you no longer have capacity to make decisions for yourself (e.g. a persistent vegetative state or lost mental capacity), before your agent can make decisions on your behalf.

More Power of Attorney for Health Care Resources