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Do I really need a power of attorney in Wisconsin?
If you do not have a power of attorney and become incapacitated, a court may need to appoint a guardian to make financial decisions for you and pay your bills. The court process can be expensive, time-consuming, and stressful for your loved ones. Furthermore, a court may appoint someone you do not want as your guardian.
You can choose who manages your financial affairs when you are incapacitated by having a power of attorney. You also can use a power of attorney if you need someone to act for you when you are healthy. For example, if you need to leave the country for an extended period, you can use a power of attorney to allow someone to sell real estate for you or handle business matters for you.
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How it works
The process takes less than an hour, and you can complete it from the comfort of your home.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time
Gather information
Indicate who your agent will be and what authority you want them to have
Complete your document
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary
Plan for your future with confidence
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Learn the most common estate planning terms
Understand the essential estate planning tools
Gather critical information with an estate planning checklist
How to get a Wisconsin power of attorney
Understand how a POA works in Wisconsin
A power of attorney is a legal document that allows a person (the principal) to give someone else (the agent or attorney-in-fact) the power to act on the principal’s behalf.
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. The power of attorney for health care gives someone the legal authority to make health care decisions when you are incapacitated. To purchase a form for that purpose, please visit our page on Wisconsin health care directives and living wills.
You can use a financial power of attorney to give your agent limited or broad powers. It will be a durable power of attorney, meaning it remains effective when you are incapacitated, unless your document states that it terminates when you are incapacitated. You also can make your power of attorney springing, which means it does not become effective until a future date or event.
Choose your agent
You should choose an agent who is trustworthy because they will have access to your bank accounts and property. Your agent’s actions and decisions will be legally binding on you, so they should understand your wishes and be willing to follow your instructions.
You should also consider naming a successor agent. A successor agent will take over as your agent if your original agent cannot serve.
Decide what powers to give your agent
You can give your agent a general power of attorney with broad powers or a limited power of attorney with a few specific powers. When planning for incapacity, you should give your agent broad enough authority to deal with unexpected situations. If you limit them too much, they will not have the flexibility to act without seeking court approval for their actions.
Use a reliable form
Make sure your power of attorney form is made for Wisconsin and that it is from a reliable source. We offer easy-to-complete power of attorney forms that comply with Wisconsin law. You can choose the form that meets your needs and select the powers you want to give your agent.
Execute your power of attorney
A power of attorney document is not valid in Wisconsin unless it is properly signed. You must sign and date your financial and health care powers of attorney. You do not need witnesses for a financial power of attorney, but you should have it notarized by a notary public.
Give your power of attorney to the right people
Store your power of attorney in a safe place and give a copy to your agent. You might also want to give copies of your power of attorney to financial institutions and businesses that will deal with your agent.
Common questions about Wisconsin powers of attorney
You can find free power of attorney forms on the internet, but you should be careful using a form from a questionable source. Many free forms are not tailored to Wisconsin and may not comply with Wisconsin law.
Wisconsin law does not require you to use a lawyer to make a power of attorney. You can ask an attorney for legal advice if you feel uncomfortable filling out a form or have questions about who should be your agents and what powers to give them.
If you know what you want and are comfortable using forms, you can make your own power of attorney using an easy-to-complete form like the power of attorney forms we offer. After you complete your form, you can always ask an estate planning attorney licensed in Wisconsin to review it.
You may want to speak with a lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
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