Healthcare Directives

How to Sign a Healthcare Directive in Wisconsin

Healthcare Directives · 5 min read

A healthcare directive is read by hospital staff under time pressure, and the signature and witness block is the first thing they check. Here is exactly what Wisconsin requires when you sign a healthcare directive, and how to run the signing so it holds up.

Self-help and legal-information notice: Legacy Legal AI is not a law firm and does not provide legal advice. This article provides general information about Wisconsin law, not advice for your situation, and is not a substitute for the advice or services of a licensed Wisconsin attorney.

What Wisconsin requires

Wisconsin law calls for two witnesses when a healthcare directive is signed, and notarization is not required.

Witnesses watch you sign (or hear you acknowledge the signature as yours) and then sign themselves, so everyone must be present at the same time.

Statutory detail: A Wisconsin power of attorney for health care uses the Wis. Stat. 155.30(3) statutory form and requires TWO witnesses, with the principal and both witnesses signing AT THE SAME TIME. No notary. The disqualification list is long and strictly applied: a witness may not be related to the principal by blood, marriage, or adoption, may not be the principal's domestic partner under ch. 770, may not be directly financially responsible for the principal's health care, may not be a health care provider serving the principal or an employee of that provider or of an inpatient health care facility (chaplains and social workers excepted), may not be the health care agent, and may not have a claim on the principal's estate. Wis. Stat. 155.30(1) and (2) require any printed form sold or distributed for use by someone who does not have the advice of legal counsel to carry a specified notice in not less than 10-point boldface type and to grant no authority beyond health care decisions; that notice is printed at the front of this form.

Step-by-step signing checklist

Follow the steps in order, and sign nothing until everyone who needs to be present is in the room.

Mistakes that undo a valid document

Most signing failures are procedural, not substantive — the document was fine and the ceremony was not.

After signing

The original is the document. Store it where it will survive a fire and a move, and make sure the people you appointed can find it without you.

Revisit the healthcare directive when your family, your finances, or the people you appointed change. A new version is signed the same way; the old one should be destroyed once the new one is complete.

Frequently Asked Questions

How many witnesses does a Wisconsin healthcare directive need?

Two. They must be present at the same time, watching you sign or hearing you acknowledge the signature, before they sign themselves.

Does a Wisconsin healthcare directive have to be notarized?

No. Notarization is not required, though there is a statutory detail worth knowing: A Wisconsin power of attorney for health care uses the Wis. Stat. 155.30(3) statutory form and requires TWO witnesses, with the principal and both witnesses signing AT THE SAME TIME. No notary. The disqualification list is long and strictly applied: a witness may not be related to the principal by blood, marriage, or adoption, may not be the principal's domestic partner under ch. 770, may not be directly financially responsible for the principal's health care, may not be a health care provider serving the principal or an employee of that provider or of an inpatient health care facility (chaplains and social workers excepted), may not be the health care agent, and may not have a claim on the principal's estate. Wis. Stat. 155.30(1) and (2) require any printed form sold or distributed for use by someone who does not have the advice of legal counsel to carry a specified notice in not less than 10-point boldface type and to grant no authority beyond health care decisions; that notice is printed at the front of this form.

Do the witnesses need to read the document?

Generally no. A witness attests that you signed willingly and appeared to know what you were doing — not to the contents. They need to see you sign, or hear you say the signature is yours.

What should I do with the signed original?

Keep it somewhere safe and fireproof, tell the people you appointed exactly where it is, and give them copies. If anything needs to change later, sign a corrected version rather than marking up the original.

Prepare your Wisconsin healthcare directive

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Answer plain-English questions and download a Wisconsin-specific healthcare directive; these signing instructions come with it.

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