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The difference has to do with whether the powers remain effective after the onset of a disability. That is, the regular power of attorney ceases to be effective if you become disabled, whereas the ?durable? power of attorney continues to be effective despite your subsequent disability.
In Wisconsin, there are two main types of powers of attorney: the power of attorney for finances and property (also called a financial power of attorney) and the power of attorney for health care.
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.
When Does an Agent's Authority to Make Decisions Begin? Most Power of Attorney for Health Care documents provide that the document becomes ?activated? when two physicians or one physician and one psychologist personally examine the principal and then sign a statement certifying that the principal is incapacitated.
While Wisconsin does not technically require you to get your POA notarized, notarization is strongly recommended. Under Wisconsin law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine?meaning your POA is more ironclad.
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.?