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SB254,12,2119 (c) A physician assistant licensed under ch. 448 who a physician responsible
20for overseeing the physician assistant's practice affirms is competent to conduct
21evaluations of the capacity of patients to manage health care decisions.
SB254,27 22Section 27. 155.05 (2) of the statutes is amended to read:
SB254,13,823 155.05 (2) Unless otherwise specified in the power of attorney for health care
24instrument, an individual's power of attorney for health care takes effect upon a
25finding of incapacity by 2 physicians, as defined in s. 448.01 (5), or one physician and

1one licensed psychologist, as defined in s. 455.01 (4) advanced practice clinician, who
2personally examine the principal and sign a statement specifying that the principal
3has incapacity. Mere old age, eccentricity or physical disability, either singly or
4together, are insufficient to make a finding of incapacity. Neither of the individuals
5who make a finding of incapacity may be a relative of the principal or have knowledge
6that he or she is entitled to or has a claim on any portion of the principal's estate.
7A copy of the statement, if made, shall be appended to the power of attorney for health
8care instrument.
SB254,28 9Section 28. 155.20 (4) of the statutes is amended to read:
SB254,13,1710 155.20 (4) A health care agent may consent to the withholding or withdrawal
11of a feeding tube for the principal if the power of attorney for health care instrument
12so authorizes, unless the principal's attending physician health care professional, as
13defined in s. 154.01 (1r),
advises that, in his or her professional judgment, the
14withholding or withdrawal will cause the principal pain or reduce the principal's
15comfort. A health care agent may not consent to the withholding or withdrawal of
16orally ingested nutrition or hydration unless provision of the nutrition or hydration
17is medically contraindicated.
SB254,29 18Section 29. 155.30 (1) of the statutes is amended to read:
SB254,13,2319 155.30 (1) A printed form of a power of attorney for health care instrument that
20is sold or otherwise distributed for use by an individual in this state who does not
21have the advice of legal counsel shall provide no authority other than the authority
22to make health care decisions on behalf of the principal and shall contain the
23following statement in not less than 10-point boldface type:
SB254,13,25 24“NOTICE TO PERSON
25 MAKING THIS DOCUMENT
SB254,14,4
1YOU HAVE THE RIGHT TO MAKE DECISIONS ABOUT YOUR HEALTH
2CARE. NO HEALTH CARE MAY BE GIVEN TO YOU OVER YOUR OBJECTION,
3AND NECESSARY HEALTH CARE MAY NOT BE STOPPED OR WITHHELD IF
4YOU OBJECT.
SB254,14,105 BECAUSE YOUR HEALTH CARE PROVIDERS IN SOME CASES MAY NOT
6HAVE HAD THE OPPORTUNITY TO ESTABLISH A LONG-TERM
7RELATIONSHIP WITH YOU, THEY ARE OFTEN UNFAMILIAR WITH YOUR
8BELIEFS AND VALUES AND THE DETAILS OF YOUR FAMILY
9RELATIONSHIPS. THIS POSES A PROBLEM IF YOU BECOME PHYSICALLY
10OR MENTALLY UNABLE TO MAKE DECISIONS ABOUT YOUR HEALTH CARE.
SB254,14,2311 IN ORDER TO AVOID THIS PROBLEM, YOU MAY SIGN THIS LEGAL
12DOCUMENT TO SPECIFY THE PERSON WHOM YOU WANT TO MAKE
13HEALTH CARE DECISIONS FOR YOU IF YOU ARE UNABLE TO MAKE THOSE
14DECISIONS PERSONALLY. THAT PERSON IS KNOWN AS YOUR HEALTH
15CARE AGENT. YOU SHOULD TAKE SOME TIME TO DISCUSS YOUR
16THOUGHTS AND BELIEFS ABOUT MEDICAL TREATMENT WITH THE
17PERSON OR PERSONS WHOM YOU HAVE SPECIFIED. YOU MAY STATE IN
18THIS DOCUMENT ANY TYPES OF HEALTH CARE THAT YOU DO OR DO NOT
19DESIRE, AND YOU MAY LIMIT THE AUTHORITY OF YOUR HEALTH CARE
20AGENT. IF YOUR HEALTH CARE AGENT IS UNAWARE OF YOUR DESIRES
21WITH RESPECT TO A PARTICULAR HEALTH CARE DECISION, HE OR SHE IS
22REQUIRED TO DETERMINE WHAT WOULD BE IN YOUR BEST INTERESTS IN
23MAKING THE DECISION.
SB254,15,1224 THIS IS AN IMPORTANT LEGAL DOCUMENT. IT GIVES YOUR AGENT
25BROAD POWERS TO MAKE HEALTH CARE DECISIONS FOR YOU. IT

1REVOKES ANY PRIOR POWER OF ATTORNEY FOR HEALTH CARE THAT YOU
2MAY HAVE MADE. IF YOU WISH TO CHANGE YOUR POWER OF ATTORNEY
3FOR HEALTH CARE, YOU MAY REVOKE THIS DOCUMENT AT ANY TIME BY
4DESTROYING IT, BY DIRECTING ANOTHER PERSON TO DESTROY IT IN
5YOUR PRESENCE, BY SIGNING A WRITTEN AND DATED STATEMENT OR BY
6STATING THAT IT IS REVOKED IN THE PRESENCE OF TWO WITNESSES. IF
7YOU REVOKE, YOU SHOULD NOTIFY YOUR AGENT, YOUR HEALTH CARE
8PROVIDERS AND ANY OTHER PERSON TO WHOM YOU HAVE GIVEN A COPY.
9IF YOUR AGENT IS YOUR SPOUSE OR DOMESTIC PARTNER AND YOUR
10MARRIAGE IS ANNULLED OR YOU ARE DIVORCED OR THE DOMESTIC
11PARTNERSHIP IS TERMINATED AFTER SIGNING THIS DOCUMENT, THE
12DOCUMENT IS INVALID.
SB254,15,1913 YOU MAY ALSO USE THIS DOCUMENT TO MAKE OR REFUSE TO MAKE
14AN ANATOMICAL GIFT UPON YOUR DEATH. IF YOU USE THIS DOCUMENT
15TO MAKE OR REFUSE TO MAKE AN ANATOMICAL GIFT, THIS DOCUMENT
16REVOKES ANY PRIOR RECORD OF GIFT THAT YOU MAY HAVE MADE. YOU
17MAY REVOKE OR CHANGE ANY ANATOMICAL GIFT THAT YOU MAKE BY
18THIS DOCUMENT BY CROSSING OUT THE ANATOMICAL GIFTS PROVISION
19IN THIS DOCUMENT.
SB254,15,2120 DO NOT SIGN THIS DOCUMENT UNLESS YOU CLEARLY UNDERSTAND
21IT.
SB254,15,2422 IT IS SUGGESTED THAT YOU KEEP THE ORIGINAL OF THIS
23DOCUMENT ON FILE WITH YOUR PHYSICIAN OR OTHER PRIMARY CARE
24PROVIDER
."
SB254,30 25Section 30. 155.30 (3) of the statutes is amended to read:
SB254,16,13
1155.30 (3) The department shall prepare and provide copies of a power of
2attorney for health care instrument and accompanying information for distribution
3in quantities to health care professionals, hospitals, nursing homes, multipurpose
4senior centers, county clerks, and local bar associations and individually to private
5persons. The department shall include, in information accompanying the copy of the
6instrument, at least the statutory definitions of terms used in the instrument,
7statutory restrictions on who may be witnesses to a valid instrument, a statement
8explaining that valid witnesses acting in good faith are statutorily immune from civil
9or criminal liability and a statement explaining that an instrument may, but need
10not, be filed with the register in probate of the principal's county of residence. The
11department may charge a reasonable fee for the cost of preparation and distribution.
12The power of attorney for health care instrument distributed by the department
13shall include the notice specified in sub. (1) and shall be in the following form:
SB254,16,1414 POWER OF ATTORNEY FOR HEALTH CARE
SB254,16,1515 Document made this.... day of.... (month),.... (year).
SB254,16,1716 CREATION OF POWER OF ATTORNEY
17 FOR HEALTH CARE
SB254,16,2518 I,.... (print name, address and date of birth), being of sound mind, intend by this
19document to create a power of attorney for health care. My executing this power of
20attorney for health care is voluntary. Despite the creation of this power of attorney
21for health care, I expect to be fully informed about and allowed to participate in any
22health care decision for me, to the extent that I am able. For the purposes of this
23document, “health care decision" means an informed decision to accept, maintain,
24discontinue or refuse any care, treatment, service or procedure to maintain, diagnose
25or treat my physical or mental condition.
SB254,17,2
1In addition, I may, by this document, specify my wishes with respect to making
2an anatomical gift upon my death.
SB254,17,33 DESIGNATION OF HEALTH CARE AGENT
SB254,17,194 If I am no longer able to make health care decisions for myself, due to my
5incapacity, I hereby designate.... (print name, address and telephone number) to be
6my health care agent for the purpose of making health care decisions on my behalf.
7If he or she is ever unable or unwilling to do so, I hereby designate.... (print name,
8address and telephone number) to be my alternate health care agent for the purpose
9of making health care decisions on my behalf. Neither my health care agent nor my
10alternate health care agent whom I have designated is my health care provider, an
11employee of my health care provider, an employee of a health care facility in which
12I am a patient or a spouse of any of those persons, unless he or she is also my relative.
13For purposes of this document, “incapacity" exists if 2 physicians or a physician and
14a psychologist, nurse practitioner, or physician assistant who have personally
15examined me sign a statement that specifically expresses their opinion that I have
16a condition that means that I am unable to receive and evaluate information
17effectively or to communicate decisions to such an extent that I lack the capacity to
18manage my health care decisions. A copy of that statement must be attached to this
19document.
SB254,17,2020 GENERAL STATEMENT OF AUTHORITY GRANTED
SB254,18,221 Unless I have specified otherwise in this document, if I ever have incapacity I
22instruct my health care provider to obtain the health care decision of my health care
23agent, if I need treatment, for all of my health care and treatment. I have discussed
24my desires thoroughly with my health care agent and believe that he or she
25understands my philosophy regarding the health care decisions I would make if I

1were able. I desire that my wishes be carried out through the authority given to my
2health care agent under this document.
SB254,18,113 If I am unable, due to my incapacity, to make a health care decision, my health
4care agent is instructed to make the health care decision for me, but my health care
5agent should try to discuss with me any specific proposed health care if I am able to
6communicate in any manner, including by blinking my eyes. If this communication
7cannot be made, my health care agent shall base his or her decision on any health
8care choices that I have expressed prior to the time of the decision. If I have not
9expressed a health care choice about the health care in question and communication
10cannot be made, my health care agent shall base his or her health care decision on
11what he or she believes to be in my best interest.
SB254,18,1212 LIMITATIONS ON MENTAL HEALTH TREATMENT
SB254,18,1813 My health care agent may not admit or commit me on an inpatient basis to an
14institution for mental diseases, an intermediate care facility for persons with an
15intellectual disability, a state treatment facility or a treatment facility. My health
16care agent may not consent to experimental mental health research or
17psychosurgery, electroconvulsive treatment or drastic mental health treatment
18procedures for me.
SB254,18,2019 ADMISSION TO NURSING HOMES OR
20 COMMUNITY-BASED RESIDENTIAL FACILITIES
SB254,18,2221 My health care agent may admit me to a nursing home or community-based
22residential facility for short-term stays for recuperative care or respite care.
SB254,18,2523 If I have checked “Yes" to the following, my health care agent may admit me for
24a purpose other than recuperative care or respite care, but if I have checked “No" to
25the following, my health care agent may not so admit me:
SB254,19,1
11. A nursing home — Yes.... No....
SB254,19,22 2. A community-based residential facility — Yes.... No....
SB254,19,43 If I have not checked either “Yes" or “No" immediately above, my health care
4agent may admit me only for short-term stays for recuperative care or respite care.
SB254,19,55 PROVISION OF A FEEDING TUBE
SB254,19,116 If I have checked “Yes" to the following, my health care agent may have a
7feeding tube withheld or withdrawn from me, unless my physician, physician
8assistant, or nurse practitioner
has advised that, in his or her professional judgment,
9this will cause me pain or will reduce my comfort. If I have checked “No" to the
10following, my health care agent may not have a feeding tube withheld or withdrawn
11from me.
SB254,19,1412 My health care agent may not have orally ingested nutrition or hydration
13withheld or withdrawn from me unless provision of the nutrition or hydration is
14medically contraindicated.
SB254,19,1515 Withhold or withdraw a feeding tube — Yes.... No....
SB254,19,1716 If I have not checked either “Yes" or “No" immediately above, my health care
17agent may not have a feeding tube withdrawn from me.
SB254,19,1918 HEALTH CARE DECISIONS FOR
19 PREGNANT WOMEN
SB254,19,2320 If I have checked “Yes" to the following, my health care agent may make health
21care decisions for me even if my agent knows I am pregnant. If I have checked “No"
22to the following, my health care agent may not make health care decisions for me if
23my health care agent knows I am pregnant.
SB254,19,2424 Health care decision if I am pregnant — Yes.... No....
SB254,20,3
1If I have not checked either “Yes" or “No" immediately above, my health care
2agent may not make health care decisions for me if my health care agent knows I am
3pregnant.
SB254,20,54 STATEMENT OF DESIRES,
5 SPECIAL PROVISIONS OR LIMITATIONS
SB254,20,96 In exercising authority under this document, my health care agent shall act
7consistently with my following stated desires, if any, and is subject to any special
8provisions or limitations that I specify. The following are specific desires, provisions
9or limitations that I wish to state (add more items if needed):
SB254,20,1010 1) -
SB254,20,1111 2) -
SB254,20,1212 3) -
SB254,20,1513 INSPECTION AND DISCLOSURE OF
14 INFORMATION RELATING TO MY PHYSICAL
15 OR MENTAL HEALTH
SB254,20,1716 Subject to any limitations in this document, my health care agent has the
17authority to do all of the following:
SB254,20,1918 (a) Request, review and receive any information, oral or written, regarding my
19physical or mental health, including medical and hospital records.
SB254,20,2120 (b) Execute on my behalf any documents that may be required in order to obtain
21this information.
SB254,20,2222 (c) Consent to the disclosure of this information.
SB254,20,2323 (The principal and the witnesses all must sign the document at the same time.)
SB254,20,2424 SIGNATURE OF PRINCIPAL
SB254,20,2525 (person creating the power of attorney for health care)
SB254,21,1
1Signature....  Date....
SB254,21,32 (The signing of this document by the principal revokes all previous powers of
3attorney for health care documents.)
SB254,21,44 STATEMENT OF WITNESSES
SB254,21,155 I know the principal personally and I believe him or her to be of sound mind and
6at least 18 years of age. I believe that his or her execution of this power of attorney
7for health care is voluntary. I am at least 18 years of age, am not related to the
8principal by blood, marriage, or adoption, am not the domestic partner under ch. 770
9of the principal, and am not directly financially responsible for the principal's health
10care. I am not a health care provider who is serving the principal at this time, an
11employee of the health care provider, other than a chaplain or a social worker, or an
12employee, other than a chaplain or a social worker, of an inpatient health care facility
13in which the declarant is a patient. I am not the principal's health care agent. To
14the best of my knowledge, I am not entitled to and do not have a claim on the
15principal's estate.
SB254,21,1616 Witness No. 1:
SB254,21,1717 (print) Name.... Date....
SB254,21,1818 Address....
SB254,21,1919 Signature....
SB254,21,2020 Witness No. 2:
SB254,21,2121 (print) Name.... Date....
SB254,21,2222 Address....
SB254,21,2323 Signature....
SB254,21,2524 STATEMENT OF HEALTH CARE AGENT AND
25 ALTERNATE HEALTH CARE AGENT
SB254,22,4
1I understand that.... (name of principal) has designated me to be his or her
2health care agent or alternate health care agent if he or she is ever found to have
3incapacity and unable to make health care decisions himself or herself. .... (name of
4principal) has discussed his or her desires regarding health care decisions with me.
SB254,22,55 Agent's signature....
SB254,22,66 Address....
SB254,22,77 Alternate's signature....
SB254,22,88 Address....
SB254,22,119 Failure to execute a power of attorney for health care document under chapter
10155 of the Wisconsin Statutes creates no presumption about the intent of any
11individual with regard to his or her health care decisions.
SB254,22,1312 This power of attorney for health care is executed as provided in chapter 155
13of the Wisconsin Statutes.
SB254,22,1414 ANATOMICAL GIFTS (optional)
SB254,22,1515 Upon my death:
SB254,22,1716 .... I wish to donate only the following organs or parts: .... (specify the organs or
17parts).
SB254,22,1818 .... I wish to donate any needed organ or part.
SB254,22,1919 .... I wish to donate my body for anatomical study if needed.
SB254,22,2220 .... I refuse to make an anatomical gift. (If this revokes a prior commitment that
21I have made to make an anatomical gift to a designated donee, I will attempt to notify
22the donee to which or to whom I agreed to donate.)
SB254,22,2423 Failing to check any of the lines immediately above creates no presumption
24about my desire to make or refuse to make an anatomical gift.
SB254,22,2525 Signature....     Date....
SB254,31
1Section 31. 155.50 (1) (b) of the statutes is amended to read:
SB254,23,72 155.50 (1) (b) Failing to comply with a power of attorney for health care
3instrument or the decision of a health care agent, except that failure of a physician
4health care professional, as defined in s. 154.01 (3), to comply constitutes
5unprofessional conduct if the physician health care professional refuses or fails to
6make a good faith attempt to transfer the principal to another physician health care
7professional
who will comply.
SB254,32 8Section 32 . 165.77 (1) (a) of the statutes is amended to read:
SB254,23,109 165.77 (1) (a) “Health care professional" has the meaning given in s. 154.01 (3)
10means a person licensed, certified, or registered under ch. 441, 448, or 455.
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