Wisconsin Power of Attorney Form Create Wisconsin Power of Attorney Form

Wisconsin Power of Attorney Form

Updated Mar 04, 2026 1 Downloads

A Wisconsin Power of Attorney Form is a legal instrument whereby a principal designates an agent to manage financial or healthcare decisions within Wisconsin.

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WISCONSIN POWER OF ATTORNEY FORM

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney for Finances and Property Act in Chapter 244 of the Wisconsin Statutes.

This power of attorney does not authorize the agent to make health care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent’s authority will continue until you die or revoke the power of attorney, or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

I. DESIGNATION OF AGENT

I, the Principal, name the following person as my agent:

The Principal:
Name:
Address:
Phone:

The Agent:
Name:
Address:
Phone:

II. DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

III. GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney for Finances and Property Act in Chapter 244 of the Wisconsin Statutes:

(Check the boxes of subjects you want to include in the agent’s general authority. If you wish to grant general authority over all of the subjects you may check "All Preceding Subjects" instead of checking each subject.)

IV. GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts for me UNLESS I have checked the specific box below:

(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death.)

V. LIMITATION ON AGENT’S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

VI. SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines:

VII. EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

VIII. NOMINATION OF GUARDIAN (OPTIONAL)

IX. RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.

X. SIGNATURE AND ACKNOWLEDGMENT

By signing this document, I acknowledge that I understand its contents and the authority I am granting to my agent.

PRINCIPAL

Signature: _________________________

Print Name: _______________

Date:

Address: _______________

IMPORTANT INFORMATION FOR AGENT

Agent’s Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

  1. Do what you know the principal reasonably expects you to do with the principal’s property or, if you do not know the principal’s expectations, act in the principal’s best interest.
  2. Act in good faith.
  3. Do nothing beyond the authority granted in this power of attorney.
  4. Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as “agent” in the following manner:
    (Principal’s Name) by (Your Signature) as Agent.

Unless the Special Instructions in this power of attorney state otherwise, you must also:

  1. Act loyally for the principal’s benefit.
  2. Avoid conflicts that would impair your ability to act in the principal’s best interest.
  3. Act with care, competence, and diligence.
  4. Keep a record of all receipts, disbursements, and transactions made on behalf of the principal.
  5. Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal’s expectations, to act in the principal’s best interest.
  6. Attempt to preserve the principal’s estate plan if you know the plan and preserving the plan is consistent with the principal’s best interest.

Termination of Agent’s Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

  1. Death of the principal.
  2. The principal’s revocation of the power of attorney or your authority.
  3. The occurrence of a termination event stated in the power of attorney.
  4. The purpose of the power of attorney is fully accomplished.
  5. If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in the Uniform Power of Attorney for Finances and Property Act in Chapter 244 of the Wisconsin Statutes. If you violate the Uniform Power of Attorney for Finances and Property Act in Chapter 244 of the Wisconsin Statutes or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.

What is a Wisconsin Power of Attorney Form?

A Wisconsin Power of Attorney Form is a legal instrument that authorizes an individual, known as the principal, to designate another person, referred to as the agent or attorney-in-fact, to manage specific legal, financial, or medical affairs on their behalf. This document serves as a critical component of estate planning by ensuring that a trusted representative can maintain the principal's affairs during periods of absence or incapacitation. The scope of authority granted within the document varies significantly based on the principal's preferences, ranging from a single specific transaction to broad management of all property and healthcare decisions.

Types of Wisconsin Power of Attorney Form

Wisconsin law recognizes several distinct categories of power of attorney documents, each designed to address specific needs and durations of authority:

  • General Power of Attorney - Grants the agent broad authority to handle financial and legal matters for the principal, such as banking transactions and real estate management, but typically terminates if the principal becomes incapacitated.
  • Durable Power of Attorney - Includes specific language stating that the agent's authority remains in effect or becomes effective if the principal becomes incapacitated or incompetent.
  • Limited Power of Attorney - Restricts the agent's authority to specific actions or a defined time period, often used for one-time transactions like a real estate closing or vehicle sale.
  • Power of Attorney for Health Care - Authorizes an agent to make medical decisions for the principal when physicians determine the principal is incapable of making those decisions personally.
  • Power of Attorney for Minor Child - Allows parents to temporarily delegate their parental powers regarding the care and custody of their child to another adult for a period not exceeding one year.

Wisconsin Statutory Framework

The creation, validity, and enforcement of power of attorney documents in Wisconsin are governed by specific chapters of the state statutes:

  • Uniform Power of Attorney for Finances and Property Act - Establishes the rules for creating financial powers of attorney, defining the duties of agents, and outlining statutory forms (Wis. Stat. ch. 244).
  • Power of Attorney for Health Care - Governs the appointment of healthcare agents, the execution of healthcare directives, and the requirements for witnesses (Wis. Stat. ch. 155).
  • Delegation of Power by Parent - Permits a parent to delegate powers regarding a child's care, custody, or property to another person for up to one year (Wis. Stat. § 48.979).
  • Execution Requirements for Financial POA - Mandates that the principal's signature on a financial power of attorney must be acknowledged by a notary public (Wis. Stat. § 244.05).
  • Execution Requirements for Healthcare POA - Requires the document to be signed in the presence of two witnesses who meet specific eligibility criteria (Wis. Stat. § 155.10).

Required Elements for Validity

To ensure a Wisconsin Power of Attorney is legally binding and accepted by third parties, specific formalities must be observed during execution:

  • Principal Competency - The person creating the document must be of sound mind and at least 18 years old at the time of signing.
  • Voluntary Execution - The principal must sign the document voluntarily without undue influence or coercion.
  • Notarization for Finances - Financial powers of attorney require the principal's signature to be acknowledged before a notary public to be presumed genuine.
  • Witnessing for Health Care - Healthcare documents require two witnesses who are not related to the principal by blood or marriage, are not the healthcare provider, and are not financially responsible for the principal's care.
  • Agent Acceptance - While not always required on the form itself, the agent must agree to act and typically accepts the fiduciary responsibility implied by the role.

Agent Duties and Standards of Conduct

An agent appointed under a Wisconsin Power of Attorney assumes a fiduciary relationship with the principal. This relationship imposes strict legal and ethical obligations regarding how the agent manages the principal's affairs. The agent must act in good faith and solely in the interest of the principal, avoiding any conflicts of interest that could compromise their judgment. Wisconsin law requires agents to keep a complete record of all receipts, disbursements, and transactions made on behalf of the principal. Mismanagement of assets or failure to act in the principal's best interest can lead to civil liability and the revocation of authority.

Revocation of Authority

A principal retains the right to revoke a power of attorney at any time, provided they are mentally competent to do so. Revocation effectively terminates the agent's authority to act. The process typically involves creating a written revocation document and delivering it to the agent and any third parties, such as banks or hospitals, that may have the original power of attorney on file. In Wisconsin, the execution of a new power of attorney for finances does not automatically revoke a previous one unless the new document explicitly states that it revokes all prior powers of attorney. Divorce creates an automatic revocation of a spouse's authority as an agent in both financial and healthcare contexts unless the document expressly states otherwise.

How to Complete a Wisconsin Power of Attorney Form

Step 1: Select the Agent - Choose a trustworthy individual to act as the agent and, if possible, a successor agent to step in if the primary agent is unavailable.

Step 2: Define the Powers - Clearly indicate which specific powers are being granted, such as authority over real estate, banking, or healthcare decisions, by initialing the appropriate sections on the statutory form.

Step 3: Execute the Document - Sign the document in accordance with Wisconsin laws, utilizing a notary public for financial forms or two eligible witnesses for healthcare forms.

Step 4: Distribute Copies - Provide copies of the executed form to the agent, the principal's physician (for healthcare POAs), and financial institutions (for financial POAs).

Step 5: Store the Original - Keep the original document in a secure location where it can be easily accessed by the agent if necessary.

Frequently Asked Questions

Yes, for a financial Power of Attorney to be valid and presumed genuine in Wisconsin, the principal's signature must be acknowledged by a notary public. Healthcare Power of Attorney forms do not require notarization but must be signed in the presence of two valid witnesses.
No, all authority granted under a Power of Attorney terminates immediately upon the death of the principal. The executor or personal representative named in the principal's will takes over the management of the estate after death.
If an individual becomes incapacitated without a Power of Attorney in place, family members may need to petition a court to appoint a guardian. This process, known as guardianship or conservatorship, can be time-consuming, expensive, and public.
Yes, a principal can appoint co-agents to act either jointly or independently. The document should clearly specify whether the agents must agree on decisions or if they can act separately to avoid confusion and disputes.
Yes, under Wisconsin law, the filing of an action for dissolution of marriage or legal separation automatically revokes the appointment of a spouse as an agent, unless the Power of Attorney document expressly states otherwise.
Generally, a Power of Attorney executed in another state is valid in Wisconsin if it complied with the laws of that state at the time of execution. Third parties may request an opinion of counsel to verify the validity of an out-of-state document.

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