Q: In the State of Wisconsin, can a person, who has an activated HCPOA, execute a new HCPOA with a different designee?
A: As long as the principal (the person who created the Health Care Power of Attorney "HCPOA") is mentally competent, and is not currently incapacitated as is defined in the document, they are free to execute a new HCPOA, and name a new Agent to act for them in the event of their incapacity, at any time. A person who has been deemed incompetent for purposes of activating a HCPOA can regain competency at a later time. This situation happens regularly in the case of surgery, where a person is put under the influence of drugs. In order to be valid the HCPOA must be executed in front of two disinterested witnesses who are not related to the principal and who are not health care providers.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
