Advanced Care Planning: Why Every Adult Needs a Healthcare Power of Attorney
Healthcare Power of Attorney in Wisconsin
Advanced care planning is not only for older adults or people with serious medical conditions. If you are over 18, you should have a healthcare power of attorney in place. In Wisconsin, a healthcare power of attorney is the primary legal tool that allows someone else to make medical decisions for you if you become incapacitated.
A healthcare power of attorney authorizes an agent you trust to communicate with medical providers, access health information, and make treatment decisions consistent with your wishes. Incapacity can arise suddenly due to illness, injury, or surgery. Having this document in place ensures that decisions are made by someone you chose, guided by your values.
In Wisconsin, there is no automatic next-of-kin authority to make medical decisions for an incapacitated adult. In most situations, if no healthcare power of attorney is in place and a decision-maker is needed, court involvement may be required.
Choosing a Healthcare Agent for Your Wisconsin Healthcare Power of Attorney
Your healthcare agent should be someone who can remain calm under pressure, communicate effectively with doctors, and follow your wishes—even if those wishes are difficult or unpopular. The best choice is not always the closest family member; it is the person most likely to advocate for you and honor your preferences.
I recommend naming a primary healthcare agent and one or two backup agents in case your first choice is unavailable.
Making It Legal: Completing the Healthcare Power of Attorney
Your wishes must be put into a legally valid healthcare power of attorney to be enforceable.
Most attorneys will help clients complete a healthcare power of attorney as part of a broader estate planning process, often alongside a will, trust, and financial power of attorney. Working with an attorney helps ensure the document complies with Wisconsin law, is properly executed, and coordinated with the rest of your estate plan.
For individuals who are not yet working with an attorney, healthcare systems and community organizations often provide free assistance with completing healthcare power of attorney documents and related advance care planning materials. The following local organizations offer educational resources and support in medical settings:
Documents completed through these programs can later be reviewed and incorporated into a comprehensive estate plan. An attorney can help clarify instructions, identify gaps, and suggest additional planning steps—particularly when dementia, long-term incapacity, blended families, or potential family conflict are concerns.
Regardless of how the document is completed, signed copies should be shared with your healthcare agent, primary care provider, and any attorney assisting with your planning.
Don’t Skip the Conversation
A healthcare power of attorney is most effective when paired with clear, thoughtful conversations. These discussions should address more than end-of-life care.
Clients should also discuss scenarios in which they may live for an extended period of time but be unable to make medical decisions independently. Dementia care, cognitive decline, and long-term incapacity are common planning gaps—and often the most challenging situations for families. For a more detailed discussion of advance care directives in the context of cognitive decline, see: Advance Directives and Dementia.
I provide clients with a Health Care Conversation Guide to help them think through and discuss issues such as:
-
Goals for medical care and quality of life,
-
Fears about prolonged dependency or cognitive decline,
-
Spiritual or personal beliefs,
-
Preferences regarding pain management and life-sustaining treatment,
-
Wishes about living arrangements and care settings, and
-
How long-term medical conditions may affect family members and caregivers.
You can access my Health Care Conversation Guide here: Healthcare Conversation Guide
Reviewing and Updating Your Plan
Like other core estate planning documents, a healthcare power of attorney should be reviewed at least every decade, even if nothing seems to have changed. A regular review confirms that the document still reflects your wishes and that your chosen agent remains appropriate and available.
You should also review your healthcare power of attorney sooner if:
-
You experience a significant change in health,
-
Your family circumstances change (marriage, divorce, death of an agent),
-
You move to or spend significant time in another state, or
-
Your values or treatment preferences evolve.
Documents that are outdated—or never revisited—may fail at the moment they are needed most.
The Bottom Line
Every adult should have a healthcare power of attorney. Free resources can help you complete the document, and coordinated legal planning can add clarity and protection—especially when long-term incapacity or family conflict is a concern. Advanced care planning protects both you and the people who may one day need to speak on your behalf.
If you are concerned about long-term care, dementia, or future incapacity, our elder law practice helps clients plan ahead and avoid unnecessary court involvement. Learn more on our Elder Law page.