Wisconsin Power of Attorney
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Wisconsin Legal Requirements
Key WI statutes and obligations that apply to your power of attorney.
Requirements
- Governed by Wis. Stat. § 244 (Wisconsin Uniform Power of Attorney for Finances and Property Act, adopted 2010)
- Principal must be 18+ and have legal capacity
- Must be signed by the principal (or another at principal's direction in principal's presence)
- Must be notarized — notarization is required for validity
- Two witness signatures required in addition to notarization (Wis. Stat. § 244.05)
- Healthcare decisions require a separate Wisconsin Advance Directive or Health Care POA
Restrictions & Limits
- Agent may not make gifts to themselves beyond personal care and maintenance unless expressly authorized
- POA for real estate must be recorded with the county register of deeds before use
- Wisconsin courts can terminate a POA if the agent is abusing authority
Official Statute References
Primary Wisconsin statutes governing this document type.
Wisconsin Power of Attorney FAQ
Common questions about power of attorneys under Wisconsin law.
What are the formalities for a Wisconsin power of attorney?
Under Wis. Stat. § 244.05, a Wisconsin POA for finances and property must be signed by the principal (or directed signer), notarized, and signed by two qualified witnesses. The agent, the notary, and heirs of the principal may not serve as witnesses. All three requirements must be met.
What makes a Wisconsin POA durable?
Under Wis. Stat. § 244.04, a Wisconsin POA is durable if it expressly states it is not terminated by the principal's subsequent incapacity. A common phrase: 'This power of attorney shall not be terminated by disability or incapacity of the principal.' Without this language, the POA terminates on incapacity.
Can a Wisconsin POA be used for healthcare decisions?
No. A standard financial POA does not cover healthcare in Wisconsin. A separate Wisconsin Advance Directive (Wis. Stat. § 154.01 et seq.) or Health Care Power of Attorney is required to authorize an agent to make healthcare decisions. Wisconsin law requires separate documents for financial and healthcare authority.
Does a Wisconsin POA need to be recorded?
Recording is required if the POA will be used for real estate transactions. Record the POA with the county register of deeds before using it to convey, mortgage, or otherwise deal with real property. Recording provides constructive notice to third parties and enables title companies to rely on the agent's authority.
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Power of Attorney by State
Laws vary significantly by state. Find the right form for your location.
Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.