Wisconsin's Power of Attorney for Health Care (Wis. Stat. 155.30) has two features that decide whether it works. The signing is stricter than most — you and both witnesses sign at the same time, and no notary substitutes. And four decisions sit in boxes on the face of the form, three of which your agent cannot make at all unless you marked Yes.
Everyone signs at the same time
Wisconsin requires two witnesses, and the principal and both witnesses must all sign together. A witness who signs the next day has not witnessed under Wis. Stat. 155.30.
This is the opposite of Wisconsin's own rule for wills, where the two witnesses may observe at different times. If you are executing both documents, they are not interchangeable ceremonies.
Wisconsin's witness disqualification list
The list is long, and a disqualified witness can undo the document.
- Not related to you by blood, marriage, or adoption, and not your domestic partner under ch. 770.
- Not directly financially responsible for your health care.
- Not a health care provider serving you, an employee of that provider, or an employee of an inpatient facility where you are a patient — a chaplain or social worker may serve.
- Not your health care agent or alternate agent.
- No claim on your estate and not entitled to any part of it.
The four boxed decisions
Wisconsin pulls four choices out of the general grant and puts them on the face of the form. For three of them, silence means your agent lacks the authority.
- Admission to a nursing home for longer than a short stay.
- Admission to a community-based residential facility for longer than a short stay.
- Withholding or withdrawing a feeding tube if you cannot take food or water by mouth.
- A statement about health care decisions if you are pregnant.
The feeding-tube limit Wisconsin imposes anyway
Whatever you mark, Wisconsin never permits a feeding tube to be withheld or withdrawn under this document if doing so would cause you pain or reduce your comfort. That limit is statutory and does not depend on your answer.
Frequently Asked Questions
Do I need a notary?
No. Wisconsin's statutory form is complete with your signature and two qualified witnesses, all signed at the same time. Notarization adds nothing.
What happens if I leave a box blank?
For nursing home admission, community-based residential facility admission, and the feeding tube, a blank means your agent does not have that authority. Blank, Yes, and No are three different outcomes.
When does my agent's authority start?
Only after two physicians, or one physician and one licensed psychologist, sign a statement that you are incapacitated.
Can my adult child witness the document?
No. Wisconsin disqualifies anyone related to you by blood, marriage, or adoption, and anyone with a claim on your estate.