Wisconsin Code § 155.40

Revocation of power of attorney for health care
Open in Lexace · Ask the AI about this section
(1) A principal may revoke his or her power of attorney
for health care and invalidate the power of attorney for health care
instrument at any time by doing any of the following:
(a) Canceling, defacing, obliterating, burning, tearing or oth-

erwise destroying the power of attorney for health care instrument or directing another in the presence of the principal to so
destroy the power of attorney for health care instrument.
(b) Executing a statement, in writing, that is signed and dated
by the principal, expressing the principal’s intent to revoke the
power of attorney for health care.
(c) Verbally expressing the principal’s intent to revoke the
power of attorney for health care, in the presence of 2 witnesses.
(d) Executing a subsequent power of attorney for health care
instrument.
(2) If the health care agent is the principal’s spouse or domestic partner under ch. 770 and, subsequent to the execution of a
power of attorney for health care instrument, the marriage is annulled or divorce from the spouse is obtained or the domestic
partnership under ch. 770 is terminated, the power of attorney for
health care is revoked and the power of attorney for health care
instrument is invalid.
(2m) If a principal, after executing a power of attorney for
health care, is adjudicated incompetent in this state, the power of
attorney for health care remains in effect, except that a court may
under s. 54.46 (2) (b), for good cause shown, revoke the power of
attorney for health care and invalidate the power of attorney for
health care instrument, or limit the authority of the agent under
the terms of the power of attorney for health care instrument.
(3) If an individual knows that the power of attorney for
health care that named him or her as health care agent has been
revoked, he or she shall communicate this fact to any health care
provider for the principal that he or she knows has a copy of the
power of attorney for health care instrument.
(4) The principal’s health care provider shall, upon notification of revocation of the principal’s power of attorney for health
care instrument, record in the principal’s medical record the time,
date and place of the revocation and the time, date and place, if
different, of the notification to the health care provider of the
revocation.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.