Design and create a comprehensive Wisconsin Power of Attorney (POA) tailored to your needs and state’s requirements with the help of step-by-step guidance and expert customizable forms.
Last Update July 26th, 2021
Types of Power of Attorney in Wisconsin
Before starting a Wisconsin Power of Attorney it is critical to know what type of POA to create. There are many different varieties of these legal instruments and each grants different kinds of powers from a Principal to an Agent or Attorney-in-Fact.
The most common variants available in WI include the following examples:
Durable: Durable Power of Attorney documents are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated.
General: A General Power of Attorney form permits an Attorney-in-Fact to perform a number of financial and legal tasks for their Principal. General POAs can operate over a long period of time, although they cease to be effective if the appointing authority becomes incapacitated.
Limited: A Limited Power of Attorney allows a Principal to grant time-limited powers to an Agent. This is usually to allow the Agent to complete a one-off task such as signing a contract.
Medical: Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated
Real Estate: Real Estate POAs are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate.
DMV: A DMV POA is a kind of Vehicle Power of Attorney that gives an Agent the authority to transfer ownership of a car or motorbike belonging to the Principal and to manage other issues related to cars and other motor vehicles.
Springing: A springing Power of Attorney is a legal instrument that allows you to appoint and give authority to an Agent when certain criteria are met and specific events occur. These will normally become active when the Principal becomes incapacitated and unable to act for themselves.
Minor Child Power of Attorney: This variety of Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. This could be for work reasons, deployment in the military, or due to an illness.
Tax: A Tax Power of Attorney form enables you to grant authority to an agent to represent you before Wisconsin’s tax office.
How to Get a Power of Attorney in Wisconsin
There are a few ways to get a Power of Attorney in Wisconsin. This gives you 2 specific options to choose from:
Get it online: You can get a complete Wisconsin Power of Attorney document using our online legal form maker. This will walk you step-by-step through the information you’ll need to add and help you make a legally compliant document.
Go to a lawyer: You can hire a lawyer to draw up a Power of Attorney form for you in Wisconsin. However, this is often a more costly process and will often take longer to complete.
Wisconsin Power of Attorney Requirements
There are a few important things you need to know before signing a Wisconsin POA. Firstly, you must make sure all the parties involved are legally fit to sign contracts.
To be considered competent to sign a contract, parties must:
Be over 18 years of age
Show they are mentally competent
Demonstrably understand the powers being granted
If you choose a financial institution as an Agent, they must have trust powers and a registered office in Wisconsin.
Also, there are set rules in place in Wisconsin which police how a completed Power of Attorney must be signed and put into action. Wisconsin law dictates in this case that:
The Principal and Agent must both sign the document.
The POA must be signed before 2 witnesses, who must also sign the form.
The signing must be overseen by a notary public, who will also sign.
If the Agent(s) will manage real estate for the principal, the form must be registered with the local clerk of the county where the property is situated within 30 days of signing.
FAQs About Wisconsin Power of Attorney Forms
It is important to have a good understanding of what Wisconsin Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.
What Are Some Uses of a Power of Attorney?
A Wisconsin Power of Attorney can be useful in many situations. First and foremost, it allows you to plan for circumstances where you are unable to adequately manage your own affairs. This may be a situation where you’d like to delegate your decision-making capacity in either healthcare or financial affairs to a trusted professional or friend.
These responsibilities include:
Managing your financial affairs
Making medical decisions for you if you are incapacitated
Handling activities for you such as buying or selling property
How to Sign as a Power of Attorney?
Once a WI Power of Attorney is signed and notarized, it can be used by the Agent to carry out duties for the Principal. In order to prove they have the authority to act for the Principal, the Attorney-in-Fact must bring the signed copy of the agreement to the place where they will sign a document on the appointing individual’s behalf.
The Agent must then sign their name on the signature line for the signee and must print their own name next to the name of the Principle on the form. They must also indicate that they are signing on behalf of the Principle as their Power of Attorney.
Who Should Be Your Wisconsin POA Agent?
When choosing the right Agent for your Wisconsin POA, it is essential to pick a person (or people) that you trust implicitly.
By granting Power of Attorney to someone you allow them to hold a large amount of responsibility for your financial or even bodily wellbeing. An Agent therefore must be someone you know will take the actions that serve these interests best.