Wisconsin Statutes
Wis. Stat. § 155.60 (2026)
Safeguards
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
155.60(1)(1) Nothing in this chapter prohibits an individual from petitioning a court in this state for a determination of incompetency and for appointment of a guardian for an individual who is a principal under this chapter.
155.60(2)(2) If an individual who is a principal is adjudicated incompetent in this state and a guardian is appointed for him or her, the power of attorney for health care executed under this chapter by the principal remains in effect, except that the court may under s. 54.46 (2) (b), for good cause shown, revoke the power of attorney for health care and invalidate the power of attorney for health care instrument, or limit the authority of the agent under the terms of the power of the power of attorney for health care instrument. Unless the court makes this revocation or limitation, the guardian for the individual may not make health care decisions for the ward that may be made by the health care agent, unless the guardian is the health care agent.
155.60(3)(3) Upon receipt of a power of attorney for health care instrument or a statement of incapacity under s. 155.05 (2), a health care facility or health care provider shall acknowledge this receipt in writing and, if the principal is a patient of the health care provider, the health care provider shall include the instrument or the statement in the medical record of the principal.
155.60(4)(a)(a) Any interested party may petition the court assigned to exercise probate jurisdiction for the county where a principal is present or the county of the principal’s legal residence to review whether the health care agent is performing his or her duties in accordance with the terms of the power of attorney for health care instrument executed by the principal. If the court finds after a hearing that the health care agent has not been performing in accordance with the terms of the instrument, the court may do any of the following:
155.60(4)(a)1.1. Direct the health care agent to act in accordance with the terms of the principal’s power of attorney for health care instrument.
155.60(4)(a)2.2. Require the health care agent to report to the court concerning performance of the health care agent’s duties at periods of time established by the court.
155.60(4)(a)3.3. Rescind all powers of the health care agent to act under the power of attorney for health care and the power of attorney for health care instrument.
155.60(4)(b)(b) If the principal has designated an alternate health care agent and if the powers of the first-designated health care agent are rescinded under par. (a) 3., the alternate health care agent is the health care agent and par. (a), except par. (a) 3., applies.
Notes of Decisions
Cited in 5
cases, 1992–2016 · leading case: Knight v. Milwaukee Cnty., 2002 WI 27 (Wis. 2002).
Knight v. Milwaukee Cnty., 2002 WI 27 (Wis. 2002). “Wis. Stat. § 155.60 (2) (emphasis added).”
In Matter of Guardianship of LW, 482 N.W.2d 60 (Wis. 1992). “" Coupled with sec. 155.60(2), Stats., [14] which invalidates the health care power of attorney instrument where a guardian is appointed unless otherwise ordered by the court, the clear indication is that a guardian has identical decisionmaking powers as a health care agent.”
Knight v. Milwaukee Cnty., 2001 WI App 147 (Wis. Ct. App. 2001). “Wis. Stat. § 155.60 (2). Additionally, the exercise of both the durable power of attorney and the health-care power of attorney is for the benefit of the principal and not those who are appointed to exercise those powers on the principal's behalf.”
Lenz v. L.E. Phillips Career Dev. Ctr., 482 N.W.2d 60 (Wis. 1992). “" Coupled with sec. 155.60(2), Stats., 14 which invalidates the health care power of attorney instrument where a guardian is appointed unless otherwise ordered by the court, the clear indication is that a guardian has identical decisionmaking powers as a health care agent.”
Kelly v. Brown, 2016 WI App 31 (Wis. Ct. App. 2016). “Section 155.60 relates to Noone's work as health care POA and is not relevant to the issue before us.”
— Wis. Stat. § 155.60(1) — 1 case
Knight v. Milwaukee Cnty., 2001 WI App 147 (Wis. Ct. App. 2001). “Wis. Stat. § 155.60 (2). Additionally, the exercise of both the durable power of attorney and the health-care power of attorney is for the benefit of the principal and not those who are appointed to exercise those powers on the principal's behalf.”
— Wis. Stat. § 155.60(2) — 2 cases
In Matter of Guardianship of LW, 482 N.W.2d 60 (Wis. 1992). “" Coupled with sec. 155.60(2), Stats., [14] which invalidates the health care power of attorney instrument where a guardian is appointed unless otherwise ordered by the court, the clear indication is that a guardian has identical decisionmaking powers as a health care agent.”
Lenz v. L.E. Phillips Career Dev. Ctr., 482 N.W.2d 60 (Wis. 1992). “" Coupled with sec. 155.60(2), Stats., 14 which invalidates the health care power of attorney instrument where a guardian is appointed unless otherwise ordered by the court, the clear indication is that a guardian has identical decisionmaking powers as a health care agent.”
— Wis. Stat. § 155.60(4)(a) — 1 case
Kelly v. Brown, 2016 WI App 31 (Wis. Ct. App. 2016). “Section 155.60 relates to Noone's work as health care POA and is not relevant to the issue before us.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.