Free Wisconsin Power of Attorney Form

With a loved one in the hospital, unconscious and possibly hooked up to machines, unable to communicate, families often make rush decisions, and others fail to agree on what they should do. If it turns out that you didn’t have any directives written and signed, and an authority person to help implement your wishes, family and friends find themselves in painful battles which result in grudges that last lifetimes. In other cases, the court has to make the tough decisions which may not be as per your wishes.

These possibilities are the reason why a power of attorney is crucial. A power of attorney, also known as POA or a letter of authority/ letter of authorization refers to a legal instrument which you use to name another person as the go-to authority person should you be incapacitated, unconscious, or unavailable.

The document lets you lay down your wishes regarding your health should the need arise. Besides health care, you could also get a POA for your finances or child allowing the appointed person make the choices you would make, were you available or able to.

In the POA, you are the principal and the appointed individual or organization is your agent.

Springing and non-springing powers of attorney

Anyone worries about handing over power to someone else. You worry about what will happen if the appointed person will disrespect your trust leaving you high and dry. And since you have to sign the document when of sound mind, you can’t help wonder but think ‘why do I need it now’ or ‘will my spouse respect my wishes.’ Well, let’s just say that you can trust the POA.

Why? Because most of the POA documents have springing powers of attorney. By this, we mean that the powers granted to the agent only become effective when you are incapacitated or unavailable. For incapacitation, the doctor has to certify that you are unable to make any sound decisions.

Non-springing powers of attorney, on the other end, would imply that the powers are effective as soon as you sign the document. This is often applicable in special cases – if you are traveling out of the country and your business will need someone to fill in your shoes, then this applies. It’s however uncommon.

When filling your free Wisconsin power of attorney form, be careful to indicate the best type of POA for your needs.

  • Powers of attorney – Types

    • Wisconsin Durable POA Laws

In the state of Wisconsin, the durable POA (DPOA) is the legal document dealing with health care decision. Using the document, you grant another person the authority to make the tough calls should you be unable to communicate your medical needs. It will guide attending physicians on different matters including whether you remain hooked to machines for your sustenance.

The legal requirements of this POA are found in section 155.01 et seq under the POA for Healthcare. Your free power of attorney form in Wisconsin will also indicate this.

Special powers

The DPOA gives an agent the power to decide whether or not you accept, refuse, discontinue, or maintain medical care, treatment or procedures for diagnosing and treating a mental or physical condition.

Under the laws in the state of Wisconsin, the agent can give directives for withdrawing and withholding the use of a feeding tube, unless it inflicts pain. The agent also provides consent or refuses to provide consent for the use or discontinuance of nutrition and hydration provided orally.

Conditions for the DPOA

For it to be enforceable, the principal should be at least 18 years when signing the document and they should be of sound mind. The POA should be in writing, signed and dated – all that done with at least 2 adult witnesses present. Its execution should be voluntary.

To be enforceable in the hospital, at least 2 attending physicians finding the principal incapacitated. Also, the details of the document should be substantially similar to the contents of form §155.30. You may also file the document with the register at the probate court.

  • Revocation of the DPOA

    • You can revoke the document at any time by destroying or canceling it

    • You can also send a written, signed, and dated revocation notice

    • An oral revocation with 2 adults present

    • If you execute a new POA

    • If you divorce and your spouse was your agent

In an event where an attending physician is unwilling to follow the directives of the POA, they should transfer you.

  • No liability if attending acts in good faith.

    • Wisconsin Limited POA Law

  • If you wish to control the power you grant an agent, then you need a limited POA as it allows you to give specific powers. Powers granted are acted upon only if you are unavailable or unable to. You can also revoke the powers whenever you wish – all you need is a revocation notice signed and sent to the agent and third parties.

    • Wisconsin POA for Childcare Law

A signed and notarized document gives a nonparent general or specific powers for a specific duration. It works best if you will be unavailable for some time and you want to leave the minor in the right hands. It’s also revocable whenever provided you sign a revocation notice and deliver it to the agent in person.

Would you like to expedite the application process? Well, our free power of attorney forms await you at our website and you can avail the forms whether you are living in Milwaukee, Madison, Green Bay, Kenosha, Racine, Appleton, Waukesha, Eau Claire, Oshkosh or any other city of Wisconsin.