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The Wisconsin Advance Directive implements an order permitting a designated person to make medical decisions for another if they are unable to make the choices due to being incapacitated. The contract is a common formality instituted to prepare should a serious health problem occur, rendering an individual incapable. In these cases, a selected agent can be identified and predetermined to move forward on behalf of the principal party legally. The form expresses the extent of granted controls and presents a systemized format allowing the principal to choose which powers to extend and how they would like their preferences to be carried out by the indicated agent. Once the declarant completes the paperwork, it is required to be endorsed with the aid of two (2) witnessing individuals to corroborate the occurrence.

Laws

Statute – Wisconsin Statutes § 154-01 – 154-30

Definitions – § 154-01 – 154-02

Signing Requirements – The document must be signed before two (2) viable witnesses to validate the declaration. State law additionally stipulates the following regarding witness acceptability:

“No witness to the execution of the declaration may, at the time of the execution, be any of the following:

(a) Related to the declarant by blood, marriage or adoption.
(b) Have knowledge that he or she is entitled to or has a claim on any portion of the declarant’s estate.
(c) Directly financially responsible for the declarant’s health care.
(d) An individual 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.” (§ 154-03(1))