Revocation of Statutory Power of Attorney for Health Care - Wisconsin 2025

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If you cannot manage your own affairs someone else must. 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.
If you become incapacitated and dont have a medical power of attorney, state law determines what happens. In some states, your healthcare providers may be able to rely on your next of kin, such as your spouse, to make decisions for you. In other states, a court may have to assign a guardian or healthcare agent.
Living wills and other advance directives include written, legal instructions that state the treatment you want for medical conditions when youre unable to make decisions for yourself. Advance directives guide choices for healthcare professionals and caregivers in certain situations.
In most states, the default surrogate decision maker for adults is normally the next of kin, specified in a priority order by state statute, typically starting with the persons spouse or domestic partner, then an adult child, a parent, a sibling, and then possibly other relatives.
Guardianship is often pursued in cases when there is no Power of Attorney document and a document can no longer be completed due to the persons incapacity to do so. If this is the situation, an alternative decision maker, called a guardian, is legally appointed to make decisions for that person, called the ward.

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When someone makes you the agent in their power of attorney, you cannot: Write a will for them, nor can you edit their current will. Take money directly from their bank accounts. Make decisions after the person you are representing dies. Give away your role as agent in the power of attorney.
The preferred way to revoke a POA-F is to sign and date a written document revoking the POA-F because it provides the best proof of revocation. The principal should sign and date the appropriate revocation document, but does not need to have it witnessed or notarized.
To resign, an agent must compose a formal letter notifying the principal, any co-agents and all parties with which the original POA has been filed, such as banks, elder care providers, etc.

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