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WI Statutes: s. 48.979 "Delegation of power by parent" (Parental Power of Attorney) WI Statutes: ch. 155 "Power of Attorney for Health Care" WI Statutes: ch. 244 "Uniform Power of Attorney for Finances and Property"
There are two types of POAs ? one for health care, and one for finances. In Wisconsin, these must be drafted and executed as separate instruments; one document cannot serve as both a financial and health care POA.
Hear this out loud PauseThe principal who is still of sound mind can always override a power of attorney. In some other circumstances, a POA can be overridden by the concerned friends and family of the principal.
Hear this out loud PauseA power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.
A Durable Power of Attorney allows your agent to act even if you become incapacitated or incompetent. If you do not have a Durable Power of Attorney and you become incompetent, it may be necessary for your family to ask the court to appoint a guardian for you.
Hear this out loud PauseFor most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even more?or add powers, Berkley says.
If your agent(s) will manage real estate transactions, the Power of Attorney will need to be acknowledged by a notary public and recorded with the county. As a general principle, witnesses should be at least 18 years old, and none of them should also be designated as your PoA agent.
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.