Wisconsin Sample Letter regarding Durable Power of Attorney
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How to fill out Sample Letter Regarding Durable Power Of Attorney?
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FAQ
The Power of Attorney for Health Care (POA-HC) Form (DHS Form F-00085) makes it possible for adults in Wisconsin to authorize other individuals (called health care agents) to make health care decisions on their behalf should they become incapacitated.
A Durable Power of Attorney allows your agent to act even if you become incapacitated or incompetent. If you do not have a Durable Power of Attorney and you become incompetent, it may be necessary for your family to ask the court to appoint a guardian for you.
Definition and Importance of a Durable Power of Attorney Therefore, a DPOA is 'durable' in the sense that it lasts beyond the disability or incapacity of the principal. It only ceases to apply after the death of the principal, or if the principal decides to revoke it when they are still mentally capable.
While Wisconsin does not technically require you to get your POA notarized, notarization is strongly recommended. Under Wisconsin law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine?meaning your POA is more ironclad.
Most Power of Attorney for Health Care documents provide that the document becomes ?activated? when two physicians or one physician and one psychologist personally examine the principal and then sign a statement certifying that the principal is incapacitated.
The agent's power is typically activated upon a determination by two physicians or one physician and one psychologist who have personally examined you and have determined that you are incapacitated. The certification of incapacity must be attached to the POA-HC document.
There are two types of POAs ? one for health care, and one for finances. In Wisconsin, these must be drafted and executed as separate instruments; one document cannot serve as both a financial and health care POA.
