Types

Durable (Statutory) Power of Attorney – Allows an individual to elect another party to represent their interests in the certain matters noted down in this document, with this legal responsibility extending to circumstances where the individual becomes incapacitated.

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General (Financial) Power of Attorney – In order for a principal to enact any type of power of attorney which will not continue in the event of their incapacitation, they must clearly state so in the form. By implication, the Power of Attorney will be considered a General POA.

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Limited (Special) Power of Attorney – States, in a clear and unambiguous manner, the specific requirements a principal demands an agent to follow when carrying out any duties as their attorney-in-fact.

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Medical Power of Attorney (Form F-00085) – While difficult to envision, there may come a day that a loved one is hospitalized due to a severe health condition. To ensure their health care wishes will be respected in such circumstances, individuals can advise their loved ones to complete a Medical Power of Attorney.

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Minor Child Power of Attorney – A parent can complete this form to specify the exact circumstances and manner in which they require another trusted individual to assume their parental duties for a limited period of time.

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Motor Vehicle (DMV) Power of Attorney – Legally empowers motor vehicle owners to delegate duties, such as the titling and registration of their motor vehicle, to another party of their choosing.

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Real Estate (Property) Power of Attorney – It is possible, using this legal document, to delegate the handling of real estate affairs—whether selling, buying, refinancing, or managing a property—to another individual or property management company.

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Revocation of Power of Attorney – In order to ensure all parties and relevant agencies are aware of the principal’s decision to revoke a power of attorney, the principal should ensure all of the conditions contained within a Revocation of Power of Attorney are met.

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Tax Filing Power of Attorney (Form A-222) – In Wisconsin, taxpayers have the option of filling out a form known as Form A-222 to apply to the Wisconsin Department of Revenue to appoint an attorney-in-fact to represent them before the Department. In the form, they may specify the tax matters they wish to be represented such as individual income tax, excise tax, or withholding tax.

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What is a Wisconsin Power of Attorney?

A Wisconsin Power of Attorney confers a specific or a broad range of decision making powers on another party of the Principal’s choosing. The party the Principal selects (named the Agent) must agree to uphold the numerous legal obligations this responsibility embodies. The state of Wisconsin adopted the Uniform Power of Attorney for Finances and Property Act, in its current state, in 2010. Numerous states have enacted this act into their own state laws in some form. As the State Bar of Wisconsin notes, the reason it was adopted in Wisconsin was to “incorporate changes requested by states and to attempt to strike a balance between the need for flexibility and acceptance of an agent’s authority, on one hand, and the need to prevent and redress financial abuse, on the other.”

• Wisconsin Power of Attorney Laws – (Chapter 244, “Uniform Power of Attorney for Finances and Property” and Chapter 155, “Power of Attorney for Health Care”)
• State Definition of Power of Attorney (§ 244.02(9)) – “means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.”
• State Definition of Power of Attorney for Health Care (§ 155.01(10))”means the designation, by an individual, of another as his or her health care agent for the purpose of making health care decisions on his or her behalf if the individual cannot, due to incapacity.”
• Signing Requirements
  • Durable / General Power of Attorney (§ 244.05) – It is mandated that a Principal must sign the Power of Attorney and make an acknowledgment of it before a Notarial Officer who is authorized to take acknowledgments.
  • Power of Attorney for Health Care (§ 155.110) – The document must be signed and dated by the Principal in the presence of two (2) witnesses who meet certain witness criteria mandated by the state.

When is it Effective?

In the state of Wisconsin, a Power of Attorney will become effective once the conditions set out in § 244.05 are met. It is stipulated that the Power of Attorney must be signed by the Principal, who must acknowledge it before a Notarial Officer. The Principal should ensure the Notarial Officer is authorized under § 706.07 to take acknowledgments.

A Power of Attorney for Health Care has a different set of signing requirements that must be followed. Specifically, the Principal must, in the presence of two (2) qualified witnesses, sign the document.

A Minor Child Power of Attorney also carries different signing requirements, as outlined by § 48.979(2)) of Chapter 48 of the Children’s Code. The state requires both the parents and their Agent to sign the form while making the signing of the Notary Public optional.