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:
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.
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.