As an estate planning and business attorney who has drafted hundreds of advance directives across the Midwest, I can tell you that the Wisconsin Power of Attorney for Health Care (also called a medical power of attorney in Wisconsin) is one of the most important documents my clients complete. This single form lets you choose a trusted person to make medical decisions if you ever become unable to speak for yourself—whether from accident, illness, or surgery complications.
In this comprehensive guide, I’ll give you everything you need in 2025: a completely free, attorney-reviewed downloadable Wisconsin POA for health care template that complies with Wis. Stat. § 155, plain-English instructions, common mistakes to avoid, and answers to the questions I hear most in my practice. (Full disclosure: This article and template are for informational purposes only and do not constitute legal advice. Always consult a licensed Wisconsin attorney or your physician for your specific situation.)
A health care power of attorney in Wisconsin is a legal document that appoints a health care agent (sometimes called a proxy or surrogate) to make medical decisions on your behalf if two physicians (or one physician and one psychologist) determine you lack capacity. Unlike a living will, which only covers end-of-life feeding tube decisions, the Wisconsin POA for health care is broad—it covers all health care decisions, including life-sustaining treatment, pain management, mental health treatment, and even admission to a nursing home.
Source: Wisconsin Statutes Chapter 155 – docs.legis.wisconsin.gov/statutes/statutes/155
| Document | Purpose | When It Activates | Covers |
|---|---|---|---|
| Wisconsin Power of Attorney for Health Care | Names an agent to make decisions | When you lack capacity (determined by doctors) | All medical decisions |
| Declaration to Physicians (Living Will) | Your written wishes about life-sustaining treatment | Only when terminal or persistent vegetative state | Feeding tubes & ventilators only |
| Financial Power of Attorney | Handles money, banking, real estate | Immediately or upon incapacity | Financial matters only |
Most of my clients execute both the WI health care power of attorney and a living will together for maximum protection.
I’ve updated the template below to reflect the exact language required by Wisconsin Department of Health Services Form F-00085 (the official state form). It is valid as of November 2025.
Download Wisconsin Health Care Power of Attorney Form – PDF
Download Editable Word Version
(Both versions include the optional Admission to Nursing Facilities/Inpatient Mental Health statement that many online templates omit.)
Pick someone you trust completely—usually a spouse, adult child, sibling, or close friend. Wisconsin law prohibits your attending physician or employees of your health care facility from serving as agent unless they are also your relative.
Naming a backup is strongly recommended in case your primary agent is unavailable or unwilling to serve.
You may leave it blank (giving your agent full discretion) or add guidance such as:
Wisconsin gives you two options:
Most hospitals and nursing homes prefer notarized copies.
The document only “activates” after two physicians (or one physician and one psychologist for mental health treatment) certify in writing that you lack capacity to make your own health care decisions. Your agent’s authority ends when you regain capacity.
Source: Wisconsin DHS Form F-00085 Instructions
Do I need an attorney to create a Wisconsin health care power of attorney?
No. The state provides a free statutory form. However, an attorney can customize limitations and ensure your wishes about organ donation, autopsy, etc. are clear.
Is the Wisconsin POA for health care the same as durable power of attorney?
No. “Durable” usually refers to financial POAs. The Wisconsin health care version is automatically durable for incapacity.
Can my agent override my living will?
No. If you have both documents, the living will controls decisions about feeding tubes in terminal conditions.
Does Wisconsin recognize out-of-state health care powers of attorney?
Generally yes, if the document substantially complies with Wisconsin law, but using the Wisconsin form eliminates uncertainty.
How often should I update my WI health care power of attorney?
Review every 5–10 years or after major life events (marriage, divorce, death of agent, move out of state).
I’ve sat with too many families in ICU waiting rooms who had no idea what their loved one wanted because they never completed a Wisconsin power of attorney for health care form. Don’t leave your family guessing during the worst moment of their lives.
Download the free template above, fill it out this weekend, and sleep better knowing your voice will be heard—even if you can’t speak.
Remember: This article and the attached template are provided for general information only and do not create an attorney-client relationship. Laws change, and your situation may have unique factors. Please consult a Wisconsin-licensed attorney or your health care provider before finalizing any advance directive.
Stay well,
[Your Name], Esq.
Estate Planning Attorney serving Wisconsin since 2014