Power of Attorney for Health Care Information Sheet

1. What is a power of attorney for health care? A power of attorney for health care is a document that allows an individual to authorize someone else to make health care decisions. The person authorized to make health care decisions is called a health care agent. The person signing the document is the principal.

2. When does the health care agent become authorized to make health care decisions? Unlike a power of attorney for finances, a power of attorney for health care becomes effective only when the principal becomes unable to make health care decisions as a result of an incapacity. As long the principal has the capacity to manage his or her health care decisions, the health care agent has no authority to make any health care decisions.

3. Who decides whether I have an incapacity? An incapacity exists if two or more physicians or one physician and one psychologist sign a statement that states that they have personally examined the principal and that they believe that the principal is unable to receive and evaluate information effectively or to communicate decisions to such an extent that the principal lacks the capacity to manage his or her health care decisions.

4. What information is needed to draft a power of attorney for health care?

A. Background information
1. Principal's name, address, and date of birth.
2. Health care agent's name and address.
3. Alternate health care agent's name and address.

B. Extent of health care agent's authority
1. May the health care agent admit the principal to a nursing home for a purpose other than a short-term stay for recuperative or respite care?
2. May the health care agent admit the principal to a community- based residential facility for a purpose other than a short-term stay for recuperative or respite care?
3. May the health care agent withhold or withdraw a feeding tube?
4. May the health care agent make health care decisions for the principal even if the principal is pregnant?

5. How do I go about getting a power of attorney for health care? The first step is to meet with an attorney. The attorney will explain the legal significance of the form and then obtain the information necessary to draft the document. The attorney will then draft the document. The client will then review the document. If there are no objections, the client will come into the law office to sign the document before two witnesses. The health care agent and the alternate health care agent do not have to be at the signing; they can sign the document later. However, both the health care agent and the alternate need to sign the document.

6. What should I do with the document after it has been signed? The original document should be kept in a safe place. If any medical facility or nursing home needs to see the document, a copy can be provided to it. Make sure to keep the original. Wisconsin law clearly states that a photocopy or faxed version of the original is presumed to be valid.

7. What if I decide that I no longer want the power of attorney for health care to be effective? The document can be revoked and invalidated in the following ways:
A. burn, tear, or otherwise destroy the document;
B. sign and date a written statement revoking the document;
C. verbally state in front of two witnesses that the document is being revoked; or
D. execute another power of attorney for health care.