What is the law 767.41 in Wisconsin?

767.41 Custody and physical placement. (1) General provisions. (a) Subject to ch. 822, the question of a child's custody may be determined as an incident of any action affecting the family or in an independent action for custody.

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Wisconsin Revocation of Statutory Living Will

Wi Statute Interfering With Child Custody

Category:

Power of Attorney - Healthcare - Revocations

State:

Wisconsin

Control #:

WI-P023B

Format:

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Description

The Revocation of Declaration to Physicians (Wisconsin Living Will) form enables individuals in Wisconsin to formally revoke a previous Living Will in accordance with Wisconsin Statutes 154.05. This statute outlines several methods for revocation, including physical destruction of the document, a written statement expressing the desire to revoke, verbal communication of the intent, or by executing a new declaration. The form requires the declarant's full name, the date of revocation, and the signature of the declarant, ensuring that the intention to revoke is clearly documented. This document holds significant utility for attorneys, partners, owners, associates, paralegals, and legal assistants, as it provides a straightforward process for clients wishing to exercise their rights over their medical directives. It is essential for these professionals to guide clients through the process, ensuring compliance with state laws while protecting the client’s wishes regarding their healthcare. The simplicity of the form makes it accessible for users with limited legal experience, facilitating the revocation process without the need for complex legal jargon.

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How to fill out Wisconsin Revocation Of Statutory Living Will?

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FAQ

Wisconsin Statute 948.31 defines interference with custody, either by a parent or a third party: ?Whoever causes a child to leave, takes away or withholds a child for more than 12 hours from the child's parent(s) is guilty of a Class I felony.?

767.41 Custody and physical placement. (1) General provisions. (a) Subject to ch. 822, the question of a child's custody may be determined as an incident of any action affecting the family or in an independent action for custody.

Make a record of conversations (making secret audio recordings is controversial and they are unlikely to be allowed as evidence, so make a record in writing) or incidents with your ex. As soon as you suspect parental alienation, always start to keep records of what's happening ? both the good and the bad.

Some of the evidence that might help to prove parental alienation include: Therapist or Counselor Testimony. If your child visits a therapist or counselor, a professional can provide factual testimony about what they observe. ... Witnesses to the Alienation. ... Social Media Posts. ... Text Messages, Emails, and Voicemails.

Statutory Definition of the Crime Interference with the custody of a child, as defined in § 948.31(2) of the Criminal Code of Wisconsin, is committed by one who (causes a child to leave) (takes a child away) (withholds a child for more than 12 hours)2 from the parents3 of the child without the consent4 of the parents.

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Revocation of Statutory Living Will

STATUTORY REFERENCE

ALL REFERENCES ARE TO THE WISCONSIN STATUTES

REVOCATION OF DECLARATION TO PHYSICIANS

General Information (§154.03):

Any person of sound mind and 18 years of age or older may execute a declaration authorizing the withholding or withdrawal of life sustaining procedures or of feeding tubes when the person is in a terminal condition or is in a persistent vegetative state. However, such a declaration will not be effective as to the administration of medication or tube feeding if the declarant's attending physician determines that the withdrawal of food or medicine will cause pain or reduce the declarant's comfort.

A declarant may not authorize the withholding or withdrawal of nutrition or hydration (except tube feeding) unless the declarant's physician determines that the administration of same is medically contraindicated.

Execution and Witness Requirements (§154.03):

A declaration must be signed by the declarant in the presence of 2 witnesses.

Another person, or one of the witnesses, can sign the declaration if the declarant is unable to sign. The signing must be in the declarant's presence. Signing in this manner must be acknowledged or signed in the presence of two witnesses.

The declarant is responsible for notifying the attending physician of the existence of the declaration. The attending physician must make the declaration a part of the declarant's medical records.

The following MAY NOT be witnesses to the execution of a declaration:

A person who is related to the declarant by blood, marriage or adoption;

A person who has knowledge that he or she is entitled to or has a claim on any portion of the declarant's estate;

A person who is directly financially responsible for the declarant's health care; or

A person who is a health care provider, as defined in §155.01(7) who is serving the declarant at the time of execution, an employee, other than a chaplain or a social worker, of the health care provider or an employee, other than a chaplain or a social worker, of an inpatient health care facility in which the declarant is a patient.

Mandatory Form (154.03(2)):

A Declaration to Physicians MUST be in the form provided for in the statute.

Revocation Requirements (§154.05):

A declaration may be revoked at any time by any of the following:

By being canceled, defaced, obliterated, burned, torn or otherwise destroyed by the declarant or by some person who is directed by the declarant and who acts in the presence of the declarant.

By a written revocation of the declarant expressing the intent to revoke, signed and dated by the declarant.

By a verbal expression by the declarant of his or her intent to revoke the declaration. This revocation becomes effective only if the declarant or a person who is acting on behalf of the declarant notifies the attending physician of the revocation.

By executing a subsequent declaration.

Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

Revocation of Statutory Living Will

STATUTORY REFERENCE

ALL REFERENCES ARE TO THE WISCONSIN STATUTES

REVOCATION OF DECLARATION TO PHYSICIANS

General Information (§154.03):

Execution and Witness Requirements (§154.03):

A declaration must be signed by the declarant in the presence of 2 witnesses.

The declarant is responsible for notifying the attending physician of the existence of the declaration. The attending physician must make the declaration a part of the declarant's medical records.

The following MAY NOT be witnesses to the execution of a declaration:

A person who is related to the declarant by blood, marriage or adoption;

A person who has knowledge that he or she is entitled to or has a claim on any portion of the declarant's estate;

A person who is directly financially responsible for the declarant's health care; or

A person who is a health care provider, as defined in §155.01(7) who is serving the declarant at the time of execution, an employee, other than a chaplain or a social worker, of the health care provider or an employee, other than a chaplain or a social worker, of an inpatient health care facility in which the declarant is a patient.

Mandatory Form (154.03(2)):

A Declaration to Physicians MUST be in the form provided for in the statute.

Revocation Requirements (§154.05):

A declaration may be revoked at any time by any of the following:

By being canceled, defaced, obliterated, burned, torn or otherwise destroyed by the declarant or by some person who is directed by the declarant and who acts in the presence of the declarant.

By a written revocation of the declarant expressing the intent to revoke, signed and dated by the declarant.

By a verbal expression by the declarant of his or her intent to revoke the declaration. This revocation becomes effective only if the declarant or a person who is acting on behalf of the declarant notifies the attending physician of the revocation.

By executing a subsequent declaration.

Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

Wi Statute Interfering With Child Custody

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Wi Statute Interfering With Child Custody

Description

Related forms

Viewed forms

How to fill out Wisconsin Revocation Of Statutory Living Will?

Form popularity

FAQ

What is the statute of interference with child custody in Wisconsin?

What is the law 767.41 in Wisconsin?

How do I prove parental alienation in Wisconsin?

How do you gather evidence of parental alienation?

What is the statute 948.31 2 in Wisconsin?

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