A Power of Attorney in Wisconsin is a legal backing that allows a person (principal) to install a legal representative (attorney-in-charge) who will function on their behalf.
Power of attorney comes in a wide array of functionality and usability in Wisconsin, when the principal can no longer make competent decisions due to unavoidable circumstances and, as such, requires a qualified agent to act on their behalf.
A power of attorney in Wisconsin is a legal document that allows residents of Wisconsin to appoint a legal agent/organization who will act on their behalf on matters relating to finance, business, and medical affairs.
The Wisconsin legislature designed the Wisconsin Power of Attorney so that residents can edit and make changes to the document, citing explicit situations in which they want the legal agent to exercise their authority. Depending on the type of power of attorney, the assigned agent can be a relative, friend, or attorney-in-charge. This allows the principal to grant the agent total or partial authority regarding the principal’s affairs.
Generally, residents of Wisconsin should consider opting for a power of attorney as soon as they turn 18. This is because a power of attorney comes in handy in a wide array of scenarios where the principal is absent or unable to make competent decisions. Such scenarios include and are not limited to the following:
- Moving into a care facility due to any form of incapacitation
- Short-term or long-term travel plans
- Dealing with old age and resulting health issues
- Needing a trusted and qualified legal representative to handle sensitive matters in your absence
Regardless of the nature of the situation, you find yourself in, opting for a Wisconsin power of attorney is very important, as it will save you from stress.
Types of Power of Attorney in Wisconsin
This article will look at nine different power of attorney forms available in Wisconsin.
These forms differ from each other in terms of their functionality and usability. The nature of the principal’s circumstance will determine the form they require.
The most common types are:
Durable (Statutory) Power of Attorney
A Wisconsin " Durable" power of attorney is a legal authorization that permits residents of Wisconsin to install an agent that will handle all sorts of financial matters on their behalf.
The principal can choose anyone as their financial representative, including their spouse, blood relative, and friend. The only criterion is "trust," as financial matters are extremely delicate when appointing a legal representative.
The Durable power of attorney sees that the appointed agent continues to act on behalf of the principal until the principal files for a revocation, regardless of whether the principal is incapacitated.
The Wisconsin Durable power of attorney form comes in 2 versions:
- Standard Version
- Department of Health Service Version (Form F-00036)
Residents of Wisconsin can use a statutory form of equal substance as the power of attorney form to draft out a Durable power of attorney - WI Stat § 244.61.
The laws governing the Wisconsin Durable power of attorney state that the principal must sign the form in the presence of a notary public. In the presence of the same notary public, the agent must sign on the Age Certification and attach it to a power of attorney. The signing requirements are visible in WI Stat § 244.05.
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney
A Wisconsin General power of attorney grants residents the leeway of selecting a formal representation that will act on their stead on matters relating to their finances. It gives the selected agent extensive authority over the principal's finances and monetary-related affairs.
The Wisconsin General power of attorney and Durable power of attorney share one thing: allowing the principal to choose a relative or friend as their formal representative. However, unlike the Durable power of attorney that grants the total agent control even when the principal is incapacitated, the General power of attorney becomes void the moment the principal becomes incapacitated.
Governing laws require the principal to sign the form in the presence of a notary public before it becomes valid, as stated in WI Stat § 244.05.
Download: Microsoft Word (.docx)
Limited Power of Attorney
A Wisconsin Limited power of attorney form allows the principal to appoint a legal agent as their representative over a specific period.
This form comes in handy when a unique situation that requires appropriate representation exists and the principal wishes to dispense limited principal power to their assigned agent.
The principal plainly defines the precincts that will act as the agent's guide. This includes the tasks assigned to the agent, situations where the agent is free to exercise their authority, and how long the agent will continue to act as a formal representative.
In terms of validity, the principal must sign the form in the presence of a notary public, as seen in the signing requirements (WSA 244.05). Likewise, the Wisconsin Limited power of attorney must conform to the statutes stated in the Uniform Power of Attorney for Finances and Property Act and state authority governing all Limited Power of Attorney (W.S.A. 244.41).
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney
A Wisconsin Minor power of attorney is a legal document that lets parent(s) choose a temporary guardian for the child(ren) under the ages of 18. The parent(s) can appoint a relative or trusted friend as the temporary delegate, transferring their parental responsibilities to the guardian.
With a Wisconsin Minor power of attorney, parent(s) can decide to issue complete or partial guardianship to the assigned caregiver. This, however, is dependent on the nature of their situation.
The Wisconsin Minor power of attorney only becomes valid when it carries the signature of each parent or that of the court-appointed guardian.
This paperwork typically has a one-year validity period, but the parent(s) can extend the time. They can also decide to alter or revoke a power of attorney and resume full parental responsibility at any point in time.
Interested parent(s) should visit Section 48.979 of the Wisconsin state laws to understand a Minor power of attorney requirements.
Download: Microsoft Word (.docx)
Medical Power of Attorney
A Wisconsin Medical power of attorney also referred to as a Wisconsin Healthcare power of attorney or Wisconsin Durable Medical power of attorney, is a legal backing that allows residents of Wisconsin to appoint a trusted agent tasked with making medical decisions on their behalf.
Conversely, Wisconsin's legislature made it possible for residents to document their medical directives by creating separate paperwork different from the Medical power of attorney.
- Living Will: This document, alongside the MPOA, is an advanced directives document that allows the principal to write out their end-of-life wishes.
- Wisconsin General (Financial) power of attorney: This document allows one to transfer the decision-making power to a trusted agent. These decisions encompass everything, from business to non-medical affairs.
In terms of validity, the principal must provide two adult witnesses present during the signing, as stated in WI Stat § 155.10(1)(c). Furthermore, both parties (principal and agent) must comply with state statutes. The statutes comprise the laws and regulations that govern a Wisconsin Medical power of attorney, appearing in chapter 155, Power of Attorney for Healthcare of the Wisconsin Statutes of Health.
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
In Wisconsin, a Real Estate power of attorney is a document that allows property owners to install a legal agent that will take care of their property.
The agent's tasks include safeguarding and conducting business with the property (the entirety or a selected portion of the property). These include but are not limited to property maintenance, renovation, renting, leasing, refinancing, etc.
Residents of Wisconsin typically result to use this paperwork in the event of an illness, anticipated absence, or other forms of incapacitation.
In any case, the principal can revoke a power of attorney if they feel the need to. Then, they have to forward a formal document to the agent.
Concerning the Wisconsin Real Estate power of attorney, the principal must fulfill the requirements in WSA 244.05 and WSA 706.05, signing in the presence of a notary public. Similarly, both parties must adhere strictly to the statutes in the Uniform Power of Attorney for Finances and Property Act.
Download: Microsoft Word (.docx)
Revocation of Power of Attorney
A Wisconsin Revocation of power of attorney is a legal backing used by residents to void any power granted to an agent under the Power of Attorney Act. This document comes into play when you have an existing power of attorney and wish to end the partnership with your agent for personal reasons.
For the most part, the principal has the power to revoke a power of attorney, doing so at their discretion. However, the law demands that the principal sends several copies of the revocation form to the agent in question and to all the relevant business partners. This ultimately stops them from falling victim to fraudulent acts carried out in your name.
There are no fixed requirements for a Revocation of power of attorney. However, it is beneficial to have the form notarized. The document, however, must conform to state statutes present in WI Stat § 244.10.
Download: Microsoft Word (.docx)
Tax Power of Attorney (Form A-222)
A Wisconsin Tax power of attorney is a form that allows residents to appoint a professional (accountant or tax attorney) that will represent them on tax issues and handle matters with the Wisconsin Department of Revenue.
In Wisconsin, it is possible to appoint any agent as long as they are capable. However, the Wisconsin Department of Revenue must consent to the selected agent and the level of power bestowed on them. As such, the document, with the principal's executing signature, must pass through the Department of Revenue before the form becomes valid.
Wisconsin's Tax power of attorney does not carry any preset signing requirement.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney
The Wisconsin Vehicle power of attorney is a legal document that allows one to transfer a portion of the power they hold over their vehicle to a third party.
This document allows the principal to bestow upon their agent the power to make administrative decisions, including reassigning a title or registering a new vehicle within the state with the Wisconsin Division of Motor Vehicles.
Before completing the form, the principal must report to the Wisconsin Division of Motor Vehicles, informing them of their wish to employ an agent to perform such tasks. The DMV must approve of the principal's division before they can proceed.
With no other official requirements, the principal must make an official declaration in the notary public's presence to validate the Vehicle power of attorney.
Download: Microsoft Word (.docx)
Springing Power of Attorney
A Wisconsin Springing power of attorney is a legal document used by people who wish to assign an agent to one area of their lives. These areas include real property, assets, business operations, and other financial and personal matters.
This power of attorney is peculiar because it "Springs" into full effect under events predetermined by the principal. The agent can only exercise their powers whenever a specific event occurs. Once the said event passes, the agent relinquishes power as the principal's representative.
Wisconsin state laws demand that the principal signs the form in the presence of a notary public to make it valid.
Download: Microsoft Word (.docx)
Governing Laws
As with all other states in the United States, Wisconsin has specific laws that govern its power of attorney. These laws include the signing requirements, age certification, definition of the power of attorney, statutory forms, and other notable information. The Uniform Power of Attorney for Finances and Property Act. present these laws and regulations.
Wisconsin POA requirements
State laws demand that for a power of attorney form to be valid in Wisconsin, the parties involved must agree, observing all protocols stated in the Uniform Power of Attorney Act.
Consequently, the requirements for getting a Wisconsin power of attorney include:
- The principal’s full name and signature
- The agent(s) full name
- The date both parties agreed upon
- The running period of the POA
- The specifics of the powers granted to the agent
Another subsidiary may spring up depending on the peculiarity of the situation and the type of power of attorney created. For example, the state may require that:
- The principal or instructed individual must sign the POA in the presence of a notary public.
- If the principal cannot sign the document themselves, they instruct someone to do so on their behalf. This person must sign the document in the presence of the principal.
Free Forms
How to Get Power of Attorney in Wisconsin?
Getting a power of attorney in Wisconsin is quite simple. You can consult a conventional attorney to draft one for you. Having obtained the form, the principal and chosen agent must complete and sign the document while observing every mandatory state law.
Wisconsin state laws demand that the principal be mentally competent when signing the form. Nevertheless, if the principal is mentally incompetent, they will have to file for a conservatorship.
These laws are set to ensure equity and fairness between both parties, thus, negating every room for cheating. The defaulting party will account for their actions and face the assigned punishment.
How to Revoke a POA?
For the most part, the principal can choose to dissolve any power of attorney form at any point in time by simply filling out the Wisconsin Revocation of power of attorney form.
Although this decision falls solely in the hands of the principal, it should only take place under circumstances that call for it.
To revoke a Wisconsin power of attorney, the principal must complete any of the following under state rules and regulations:
- Creating a written document that terminates the power of attorney
- Creating another power of attorney that supersedes the previous one
- Destroying the power of attorney documents
- Verbally revoking the power of attorney
Frequently Asked Questions
Hiring a conventional attorney boils down to a matter of choice. The Wisconsin power of attorney form is relatively straightforward to understand. Thus, you can do without bringing in a lawyer. Additionally, no law states that you must hire an attorney before filling out the POA form.
However, hiring a lawyer is good if you cannot grasp what to do. They will help review your document, but they will also answer all of your questions.
If you decide to seek professional assistance by hiring an attorney, you should be ready to spend between $200 and $500. The price differs across law firms, as well as the level of assistance you desire.
Once you have successfully created a Wisconsin power of attorney, the next step would be saving it for future purposes. That way, you can edit and make necessary changes.
In Wisconsin, you don’t need to have witnesses present or sign in the presence of a notary public. So as long as your power of attorney conforms to state laws, you should be good to go.
Nonetheless, having witnesses present, signing in the presence of a notary public, or having both will go a long way in improving the credibility of your paperwork.
As a rule of thumb, your elected witnesses should be adults (over the age of 18) and in no way related to your agent.
