Free Wisconsin Durable Power of Attorney Forms

Wisconsin Durable Power of Attorney Laws

Under Wisconsin law, the term ’durable’ in relation to power of attorney means that it is not rescinded if the principal becomes incapacitated (WI Stat § 244.02(2)).

An individual creating a durable POA for themself (the principal) must also be of sound mind and legal age to do so. They must voluntarily sign the agreement. The appointed agent must act in ‘good faith’ in accordance with the wishes and preferences of the principal (WI Stat § 244.04 (Uniform Power of Attorney for Finances and Property)).

Signing Requirements in Wisconsin

Under Wisconsin law, a durable POA must be signed in the presence of a notary public. A notarized POA legitimizes the POA and makes it an ironclad agreement (WI Stat § 244.05).

How To Write a Durable POA in Wisconsin

Writing a durable POA in Wisconsin can be pretty straightforward to do by yourself. You may choose to download a printable POA template for free or write your own from scratch. Follow the below steps to do so.

1. Choose an agent

As the agent acts on behalf of the principal, the agent will need to be trustworthy and will carry out the wishes and preferences of the principal. Make sure to take the time to choose the right person.

With a healthcare POA, people commonly choose a loved one or close relative to be their agent, but as a durable POA gives permission to an agent to take over financial responsibilities, some people may not choose a family member but an individual with the expertise to keep their finances in good order. Take this into consideration when selecting an agent.

2. Include personal and contact details

Your POA needs to include the full legal name and addresses of both the principal and the agent. You will also need to include up-to-date contact details for the agent.

3. Include a declaration

The declaration makes clear that the principal has voluntarily entered into the POA and is of sound mind and legal age to do so. This is in case the durable POA is ever questioned in court.

4. Set out preferences and wishes

The principal must make their wishes and preferences regarding financial decisions as clear as possible for the agent. The agent is expected to act in good faith and stick to the wishes of the principal, so making it clear what the principal wants is always best.

5. Set conditions for revocation

As this is a durable POA, it is expected to last until the principal dies; however, in some cases, it may also be revoked by the principal. This means that revocation conditions and processes need to be stated in the POA before the fact, in case they are ever needed.

While revocation is unlikely for a durable POA, having the process in the POA makes certain that, should it be needed, it is already in writing for the principal.

6. Include alternate agents

It is possible that when the time comes for an agent to take up their role, they are no longer able to do so due to unforeseen circumstances. This means that alternate agents must also be included in the POA to cover the principal.

Include up-to-date contact details for two alternate agents to cover all of your bases.

7. Signatures and witnesses

For a durable POA to take effect, it needs to be signed by the principal. In Wisconsin, you will also need to have your signature witnessed and acknowledged by a notary public. This legitimizes the POA and ensures that it is considered legally valid by many institutions.

8. Date effective

While most durable POAs will take effect upon the signature of the principal, you may have set out specific conditions under which your POA will become effective. Make sure this date is included.