Key takeaways
- Wisconsin uses separate documents for financial and health care decisions: a Finance and Property POA and a Power of Attorney for Health Care (POA-HC).
- A Wisconsin Finance and Property POA is durable by default unless the document states that it ends if you become incapacitated.
- A financial POA generally takes effect immediately unless you specify otherwise, while a POA-HC generally takes effect after the required determination of incapacity.
- To be valid POA-HC requires two qualified adult witnesses at signign. A Finance and Property POA generally doesn't require witnesses or notarization, although notarization can help establish that your signature is genuine.
- Wisconsin provides official forms for both types of POA through the Department of Health Services (DHS).
What is a power of attorney in Wisconsin, and what are the requirements?
A power of attorney is a legal document that authorizes someone you trust, called your agent, to act on your behalf. Wisconsin uses separate documents for financial and health care decisions, so the requirements depend on the authority you want to grant.
Before choosing a form, consider whether you need a power of attorney and what decisions you want another person to make.
Wisconsin durable power of attorney
A durable power of attorney continues to work if you become incapacitated. In Wisconsin, durability is a feature of a Finance and Property POA rather than a separate type of POA.
Under Wis. Stat. ch. 244, a financial POA is durable unless it expressly states that incapacity ends the authority. Older documents are subject to the law in effect when they were signed, so review an older POA before relying on it.
Wisconsin financial power of attorney
A financial power of attorney, called a Power of Attorney for Finance and Property in Wisconsin, allows your agent to handle the financial and property matters you authorize. These may include bank accounts, real property, investments, insurance, business interests, retirement plans, and taxes.
A Wisconsin financial POA generally takes effect immediately unless you specify a future date or event. You must sign the document or direct another adult to sign your name in your physical presence. Notarization isn't generally required, but acknowledging the signature before a notarial officer creates a legal presumption that the signature is genuine.
Wisconsin medical power of attorney
Wisconsin calls its medical power of attorney a Power of Attorney for Health Care (POA-HC). It allows you to name an agent to make health care decisions if the document becomes effective.
A POA-HC generally takes effect after two physicians, or one physician and one licensed advanced practice clinician, personally examine you and determine that you are incapacitated. Your agent can then make health care decisions within the authority allowed by Wisconsin law and your document. Some decisions, including certain facility admissions and mental health treatments, are restricted or require specific authorization.
A valid POA-HC must be in writing, dated, voluntarily executed, and signed in the presence of two qualified adult witnesses. Wisconsin restricts who can serve as a witness, so check the eligibility requirements before signing.
Can I use a power of attorney for a child in Wisconsin?
Yes. Wisconsin has a separate Parental Power of Attorney under Wis. Stat. § 48.979. A parent with legal custody can use it to delegate certain powers involving a child's care and custody. The delegation generally lasts no longer than one year, although exceptions apply when the agent is the child's relative or a court approves the arrangement. Certain decisions can't be delegated, including consent to the child's marriage or adoption, termination of parental rights, or military enlistment.
Wisconsin medical POA vs. living will vs. financial POA
Wisconsin treats a POA-HC, a living will, and a Finance and Property POA as separate documents. A living will—formally called a Declaration to Health Care Professionals—records certain health care wishes rather than naming someone to make decisions for you.
Wisconsin DHS provides official forms for all three. LegalZoom's healthcare directive can also help you document your health care wishes.
How to get a power of attorney in Wisconsin
Creating a Wisconsin POA involves choosing the right document and following the requirements that apply to it.
Step 1: Choose the right Wisconsin POA
Use a Finance and Property POA for financial or property matters and a POA-HC for health care decisions if you become unable to make them yourself. A full estate plan typically includes both, because one doesn't substitute for the other.
Step 2: Choose your agent
Choose someone you trust to follow your instructions and act within the authority you grant. You can also name a successor agent in case your first choice can't serve.
For a POA-HC, Wisconsin restricts certain people from serving as your agent, including your health care provider or an employee of a health care facility where you're a patient, unless an exception applies.
Step 3: Complete the appropriate Wisconsin POA form
Wisconsin DHS provides official forms for each POA. Complete the applicable form carefully, including the authority you want to grant and any permitted special instructions.
Consider legal advice if the standard form doesn't address your needs or your estate planning situation is more complex.
Step 4: Sign and witness or notarize the document
Follow the signing requirements for your POA.
- POA-HC: Sign and date the document, or direct another adult to sign for you in your presence, in front of two qualified adult witnesses. A notary doesn't replace the witnesses.
- Finance and Property POA: Sign the document or direct another adult to sign your name in your physical presence. Notarization isn't generally required, but an acknowledged signature receives a legal presumption of genuineness.
Step 5: Share and store copies
Give copies to the people and organizations that may need to rely on your POA. For a financial POA, this may include your agent, successor agent, and relevant financial institutions. For a POA-HC, give a copy to your health care agent and consider providing one to your primary health care provider.
Keep your own copy somewhere secure and accessible, and let trusted people know where to find it.
Where can you get Wisconsin power of attorney forms?
The Wisconsin Department of Health Services provides official forms for both a POA for Finance and Property and POA-HC. DHS designs its standard advance directive forms so Wisconsin residents can complete them without an attorney, although legal guidance may be useful if the standard forms don't meet your needs.
You can also work with an attorney or use an estate planning service for help preparing documents that fit your circumstances.
Do I need to file or register a power of attorney in Wisconsin?
Wisconsin doesn't impose a general state filing requirement simply to create a Finance and Property POA. A POA-HC also doesn't have to be filed to be valid, but you can file an original signed POA-HC with the Register in Probate in your county of residence for safekeeping.
Separate requirements may apply when you use a POA for a particular transaction or government agency, so check with the organization that will rely on the document.
Does a power of attorney need to be notarized in Wisconsin?
Not always. Wisconsin's requirements depend on the type of power of attorney.
A POA-HC requires two qualified adult witnesses. Notarization doesn't replace this witness requirement.
A Finance and Property POA generally doesn't require notarization. However, acknowledging your signature before a notary public creates a legal presumption that the signature is genuine and may make it easier for financial institutions to accept the document.
Separate requirements may apply if you use a financial POA for a real estate transaction or another matter subject to additional execution or recording rules.
When does a Wisconsin power of attorney take effect?
The effective date determines when your agent can act, while durability determines whether the authority continues if you become incapacitated.
A Wisconsin Finance and Property POA generally takes effect immediately, unless you specify a future date or event. You can instead create a “springing” POA that takes effect after a specified event, such as incapacity. If the document uses incapacity as the trigger but doesn't authorize someone to determine incapacity, Wisconsin law provides rules for making that determination.
A POA-HC works differently. It generally takes effect after two physicians, or one physician and one licensed advanced practice clinician, personally examine you and determine that you're incapacitated.
Can a Wisconsin financial POA manage retirement benefits?
Yes, if the Finance and Property POA gives your agent the necessary authority. Additional requirements apply to benefits through the Wisconsin Retirement System (WRS).
The Wisconsin Department of Employee Trust Funds (ETF) must receive and accept the financial POA before your agent can act on your behalf regarding your WRS account. A health care POA doesn't authorize an agent to manage these financial benefits.
Do I need to send my financial power of attorney to the Wisconsin ETF?
Yes, if you want your agent to act on your behalf regarding Wisconsin Retirement System benefits. ETF must receive and accept the financial POA before it will recognize your agent's authority.
For current submission instructions, see the Wisconsin ETF financial power of attorney requirements rather than relying on older mailing addresses, fax numbers, or other procedural information.
How to change or revoke a power of attorney in Wisconsin
You can change or revoke a Wisconsin power of attorney if your circumstances or choice of agent changes. The process differs for financial and health care powers of attorney.
Revoking a financial power of attorney
You can revoke a Wisconsin Finance and Property POA. However, signing a new financial POA doesn't automatically revoke an earlier one unless the new document states that the previous POA is revoked.
Put the revocation in writing, and identify the POA or authority you're revoking. Notify your former agent and any banks, financial institutions, ETF, or other organizations that have relied on the previous document. If you're replacing the POA, provide the updated document where necessary.
For more information about changing agents, see how transferring power of attorney works.
Revoking a health care power of attorney
Wisconsin allows you to revoke a POA-HC by:
- Destroying or canceling the document
- Signing and dating a written statement expressing your intent to revoke it
- Verbally expressing your intent to revoke it in the presence of two witnesses
- Executing a new POA-HC
After revoking the document, notify your health care agent and providers who may have a copy. If you still want someone to make health care decisions if you become incapacitated, complete and distribute a replacement POA-HC.
Common Wisconsin power of attorney mistakes to avoid
Using the wrong signing requirements. A POA-HC requires two qualified adult witnesses, while a Finance and Property POA generally doesn't. Notarizing a POA-HC doesn't replace its witness requirement.
Choosing an ineligible POA-HC witness. Wisconsin restricts who can witness a health care POA. Check the eligibility requirements before signing to avoid problems with the document's validity.
Assuming one POA covers finances and health care. Wisconsin uses separate documents for these purposes. A Finance and Property POA doesn't authorize health care decisions, and a POA-HC doesn't give your agent authority over financial matters.
Confusing the effective date with durability. A financial POA can take effect immediately and still remain effective after incapacity. A POA-HC generally requires a determination of incapacity before your agent can act.
Failing to notify others after revocation. Tell your former agent and relevant financial institutions, health care providers, ETF, or other organizations when you revoke a POA, and provide an updated document when necessary.
How LegalZoom can help with a Wisconsin power of attorney
LegalZoom can help you create estate planning documents based on your needs and connect you with an attorney if you want legal guidance. Whether you need a financial POA, health care planning documents, or a broader estate plan, getting the right documents in place can help the people you trust act when needed.
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