How do I create a power of attorney in Wisconsin?
Wisconsin is a full UPOAA state, adopted in 2010, providing strong third-party-acceptance protections.
1. Governing Law
Wis. Stat. Ch. 244 (Uniform Power of Attorney for Finances and Property, effective 9/1/2010). Healthcare POA at Wis. Stat. Ch. 155.
2. Types
3. Statutory Form
Wis. Stat. § 244.61 provides the Statutory Form Power of Attorney for Finances and Property. Use is optional; substantial conformity is required for full third-party protections.
4. Execution Formalities
Under Wis. Stat. § 244.05, the POA must be signed by the principal (or by another in the principal's conscious presence at the principal's direction) and acknowledged before a notary public. No witnesses required for the financial POA. Healthcare POA under § 155.10 requires two adult witnesses (not the agent, healthcare provider, or relative).
5. Durability
Under § 244.04, a POA is durable unless it expressly provides that it is terminated by the principal's incapacity. Wisconsin follows UPOAA's default-durable rule.
6. Acceptance by Third Parties
Wis. Stat. §§ 244.20 and 244.21 mirror UPOAA § 120. Person may request agent certification, English translation, or counsel opinion within 7 business days, then must accept or reject within 5 business days. Wrongful refusal allows court-ordered acceptance plus reasonable attorney fees.
7. Revocation
Principal may revoke in writing (§ 244.10). Recording in the Register of Deeds if real-estate POA was recorded. Notice to agent and third parties. Death, divorce of spouse-agent, or court-appointed guardian terminates.
8. Special Authorities
Section 244.41 requires express grant for hot powers: create/amend/revoke a trust, make a gift, create or change survivorship rights, change beneficiary designations, delegate authority, exercise fiduciary powers, waive principal's right to be beneficiary of joint-and-survivor annuity, disclaim property.
This is legal information, not legal advice.
- Bank refuses POA past 7-day certification window
- Marital property act coordination required for spousal POAs
- Family Care/Medicaid planning requires gifting authority
- Wis. Stat. § 244.04
- Wis. Stat. § 244.05
- Wis. Stat. § 244.09
- Wis. Stat. § 244.10
- Wis. Stat. § 244.20
- Wis. Stat. § 244.41
- Wis. Stat. § 244.61
- Wis. Stat. § 155.05
- Wis. Stat. § 155.10
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.