Putting It In Writing First
Wis. Stat. 155.10 — in writing, two witnesses, and none of them the agent
In Wisconsin, an individual of sound mind who has attained age 18 may voluntarily execute a power of attorney for health care, naming a health care agent and, if they choose, an alternate who serves if the first is unable or unwilling.
In writing, and two witnesses. A valid instrument is in writing, dated and signed by the principal, or by someone 18 or older at the principal's express direction and in the principal's presence, signed in the presence of 2 witnesses, and voluntarily executed. Witnessing by live two-way audiovisual technology is allowed under conditions, including supervision by an attorney licensed in the state.
Who cannot witness. A witness is 18 or older and, at the time of signing, is none of the following.
- Related to the principal by blood, marriage or adoption, or the principal's domestic partner.
- Someone who knows they are entitled to or have a claim on part of the principal's estate.
- Someone directly financially responsible for the principal's health care.
- A health care provider serving the principal, or an employee of that provider or of the inpatient facility, other than a chaplain or social worker.
- The principal's health care agent.
When it takes effect. Unless the instrument says otherwise, it takes effect on a finding of incapacity by 2 physicians, or one physician and one licensed advanced practice clinician, who personally examine the principal. Old age, eccentricity or physical disability alone is not enough, and neither examiner may be a relative or have a claim on the estate.
The principal still decides. The desires of a principal who does not have incapacity supersede the power of attorney at all times, and a health care provider or facility employee, or the spouse of one, may not be named agent unless a relative.
| The assumption | What the law actually does |
|---|---|
| The assumptionThe agent takes over the day the paper is signed | What the law actually doesUnless it says otherwise, it takes effect on a finding of incapacity by two examiners |
| The assumptionA family member is the natural witness | What the law actually doesA relative by blood, marriage or adoption may not witness |
A declaration to physicians, a financial power of attorney and guardianship are separate from this page. What a particular situation carries is a question for a licensed Wisconsin attorney.
Sources for this section (2)
- Wis. Stat. 155.10 — Power of attorney for health care instrument; execution; witnesses
- Wis. Stat. 155.05 — Power of attorney for health care
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.