Wis. Stat. Ann. § 155.40 – Revocation of power of attorney for health care

Revocation of power of attorney for health care

This law allows a person to revoke his/her "power of attorney for health care" in a few different ways:

• By canceling, defacing, burning, tearing or destroying the power of attorney for health care instrument or directing another person to do so on his/her behalf
• By signing a written statement expressing the intent to revoke the power of attorney for health care in the presence of two witnesses
• By verbally expressing intent to revoke in the presence of two witnesses
• By executing a subsequent power of attorney for health care instrument

The law states that when a person grants the power of attorney for health care to his/her spouse and they subsequently get a divorce, the power of attorney is automatically revoked and the instrument becomes invalid.  Further, if a person loses mental competence after executing a power of attorney for health care, a court may, for good cause, revoke the power of attorney for health care or limit the authority of the health care agent.  Any person aware that the power of attorney for health care granted to them has been revoked has the responsibility of letting the health care provider know, and the health care provider is then required to record the revocation in the patient's medical record including information such as the date, time and place of revocation and of notification to health care provider.