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In 1982, Wisconsin (and other states) passed the Uniform Durable Power of Attorney Act (sec. 243.07, Stats.), which allows the Principal to appoint an Agent whose authority may continue even if the Principal becomes incompetent or incapacitated. A power of attorney giving an Agent this authority is ?durable.?
Statement of Incapacity for Finances and Property (ET-4427). A document written by a physician stating that the principal is incapacitated to the extent that they cannot manage financial decisions. Being unable to make health care decisions does not meet this requirement.
Steps for Making a Financial Power of Attorney in Wisconsin Create the POA Using a Statutory Form, Software, or Attorney. ... Sign the POA in the Presence of a Notary Public. ... Store the Original POA in a Safe Place. ... Give a Copy to Your Agent or Attorney-in-Fact. ... File a Copy With the Land Records Office.
Under Wisconsin law, ?Incapacity? means the inability to receive and evaluate information effectively or to communicate decisions to such an extent that the individual lacks the capacity to manage his or her healthcare decisions.
A financial power of attorney is a legal document that grants a trusted agent the power to make and execute financial decisions for a principal-agent. In some states, financial powers of attorney are automatically considered durable which meaning they remain in effect after the principal becomes incapacitated.