title: Wisconsin's durable power of attorney.
abstract: Att Gen Hanaway's recent opinion that Wisconsin's durable power of attorney can be used to direct the health care of a disabled or incompetent patient helps to bridge gaps left by the Natural Death Act (living will law). The attorney general's opinion and the Uniform Durable Power of Attorney Act provide guidance on what constitutes a valid document creating this power. Questions remain, however, as, to how the living will and attorney-in-fact relate when a conflict arises. A survey of other states that have either court-made law or specific legislation on the topic indicates that the attorney-in-fact should yield to the wishes of the declarant as documented by the living will. In specific instances the living will must be silent by law, however, the attorney-in-fact is presumed to have the power to make the health care decision.
authors.forename: S
authors.initials: S
authors.lastname: Wencel
mesh_terms: D003657:Decision Making; D006801:Humans; D007603:Jurisprudence; D012297:Right to Die; D014922:Wisconsin