Menomonee Falls, WI asked in Elder Law for Wisconsin

Q: In the State of Wisconsin, can a person, who has an activated HCPOA, execute a new HCPOA with a different designee?

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1 Lawyer Answer

Thomas B. Burton

Answered
  • Estate Planning Lawyer
  • Eau Claire, WI
  • Licensed in Wisconsin

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.

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