Wisconsin Power of Attorney Laws: Durable, Medical, and Financial POA (2026)

Wisconsin adopted the Uniform Power of Attorney for Finances and Property Act, codified at Wis. Stat. ch. 244. Under this framework, a financial power of attorney is durable by default: it survives the principal's incapacity unless the document expressly says otherwise. Execution requires the principal's signature; a signature acknowledged before a notarial officer is presumed genuine under Wis. Stat. 244.05. Health care decision-making authority requires a completely separate instrument, the Power of Attorney for Health Care, governed by Wis. Stat. ch. 155, which imposes its own two-witness requirement.

What a Power of Attorney Does in Wisconsin

A power of attorney is a written document in which a principal grants an agent, also called an attorney-in-fact, authority to act on the principal's behalf. The agent can manage bank accounts, pay bills, handle real estate transactions, file tax returns, and perform other tasks within the scope of authority the document grants.

Wisconsin recognizes several types of POA. A general POA covers a broad range of financial and legal matters. A limited or special POA restricts the agent to one transaction or a defined category of acts. A durable POA survives the principal's incapacity. Under the Uniform Power of Attorney for Finances and Property Act, all financial POAs executed under ch. 244 carry durability by default.

An agent under a Wisconsin financial POA acts as a fiduciary. The agent must act in the principal's best interest, maintain records of all transactions, and avoid using the principal's assets for personal benefit. A POA ends at the principal's death; after death, the personal representative of the estate controls the principal's assets, not the agent.

Durable Power of Attorney in Wisconsin

Under Wis. Stat. 244.04, a power of attorney created under ch. 244 is durable unless it expressly provides that it is terminated by the incapacity of the principal. This default rule means that a Wisconsin financial POA automatically continues to operate even if the principal later becomes incapacitated, such as through dementia, a stroke, or a serious injury.

A principal who wants a non-durable POA, one that terminates if they lose capacity, must include explicit language to that effect. If the document is silent on incapacity, it is durable.

The practical value of durability is significant. Without a durable POA, a family facing a principal's incapacity may need to petition a court for a guardianship or conservatorship to manage the principal's finances, a costly and time-consuming process. A properly drafted durable financial POA under ch. 244 avoids that outcome by maintaining the agent's authority through the principal's incapacity.

How to Create a Valid Wisconsin Power of Attorney

Wisconsin law establishes clear execution requirements for a financial power of attorney under Wis. Stat. 244.05.

Signing Requirements

The principal must sign the power of attorney. If the principal is physically unable to sign, another individual who is at least 18 years old may sign on the principal's behalf, provided the principal directs them to do so and the signing occurs in the principal's physical presence.

Notarization

The statute provides that a signature on a power of attorney is presumed genuine if the principal makes an acknowledgment of the document before a notarial officer authorized under Wis. Stat. ch. 140 to take acknowledgments. No witnesses are required for a Wisconsin financial POA. Notarization alone, combined with the principal's signature, satisfies the execution standard and confers the presumption of genuineness.

Remote Execution

Wisconsin law also permits remote execution. A signature is presumed genuine when two individuals witness the signing via simultaneous two-way, real-time audiovisual communication technology, provided a Wisconsin-licensed attorney in good standing supervises the process, all parties are physically located in Wisconsin, each party identifies themselves, and the supervising attorney completes an affidavit of compliance that is attached to the document.

Statutory Form

Wis. Stat. 244.61 provides a statutory power of attorney form for finances and property. Use of this form is optional, but it gives clear authority for the listed subject areas and carries an explicit statement that it does not authorize the agent to make health care decisions. The form lets the principal initial specific categories of authority, such as real property, financial institutions, and retirement plans, and includes space for special instructions and successor agent designations.

What a Wisconsin Agent Can and Cannot Do

Fiduciary Duties Under Wis. Stat. 244.14

An agent who accepts a Wisconsin financial POA appointment takes on a set of fiduciary duties under Wis. Stat. 244.14. The agent must:

• Act in accordance with the principal's reasonable expectations to the extent actually known, and otherwise act in the principal's best interest.
• Act loyally for the principal's benefit and avoid conflicts of interest that impair impartial decision-making.
• Act in good faith.
• Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances.
• Keep a record of all receipts, disbursements, and transactions made on behalf of the principal.
• Cooperate with any person who has authority to make health care decisions for the principal.
• Attempt to preserve the principal's estate plan to the extent known, if doing so is consistent with the principal's best interest.

An agent who violates these duties may be personally liable for losses caused to the principal or the principal's estate. An agent with special skills or expertise is held to a higher standard in those areas.

Hot Powers Requiring an Express Grant

Wis. Stat. 244.41 identifies nine categories of authority that an agent may not exercise unless the power of attorney document explicitly grants each one. These high-stakes powers, sometimes called hot powers, cannot be implied from a general grant of authority. They are:

1. Creating, amending, revoking, or terminating an inter vivos trust.
2. Making a gift of the principal's property.
3. Creating or changing rights of survivorship.
4. Creating or changing a beneficiary designation.
5. Delegating authority granted under the power of attorney.
6. Waiving the principal's right to be a beneficiary of a joint and survivor annuity, including survivor benefits under retirement plans.
7. Exercising fiduciary powers the principal holds that may be delegated.
8. Disclaiming property, including a power of appointment.
9. Accessing the content of an electronic communication sent or received by the principal.

If the POA document grants general financial authority but does not specifically authorize these actions, the agent has no power to perform them. A Wisconsin estate planning attorney can draft language that expressly includes any of these powers the principal intends to grant.

Third-Party Acceptance

Under Wis. Stat. 244.20, a third party such as a bank or title company generally may not refuse an acknowledged power of attorney without a valid reason. The statute lists permissible grounds for refusal, such as a reasonable belief that the document is invalid or that the presenter is not the named agent, a report of financial exploitation, or actual knowledge that the agent's authority has terminated. A third party that wrongfully refuses an acknowledged POA may be ordered to accept it and may be liable for the prevailing party's reasonable attorney fees and costs.

Power of Attorney for Health Care in Wisconsin

Wisconsin law keeps financial and medical authority in entirely separate documents. A financial POA under ch. 244 does not grant any authority to make health care decisions. For medical authority, a principal must execute a Power of Attorney for Health Care under Wis. Stat. ch. 155.

Who May Execute a Health Care POA

Under Wis. Stat. 155.05, any individual who is at least 18 years old and of sound mind may voluntarily execute a power of attorney for health care.

Execution Requirements: Two Witnesses Required

The execution requirements for a health care POA differ substantially from those for a financial POA. A Wisconsin health care POA must be in writing, dated, signed by the principal, and signed before two witnesses. The two-witness requirement is mandatory.

Witnesses may not be:

• Related to the principal by blood, marriage, adoption, or domestic partnership.
• Aware that they have a claim on the principal's estate.
• Directly financially responsible for the principal's health care.
• A health care provider currently serving the principal, or an employee of such a provider (with limited exceptions for chaplains and social workers).
• The individual named as the health care agent.

Wisconsin also permits remote execution of a health care POA via two-way, real-time audiovisual communication technology, provided a Wisconsin-licensed attorney supervises the process and completes an affidavit of compliance.

When the Health Care POA Takes Effect

Under Wis. Stat. 155.05, a health care POA typically becomes effective upon a finding of incapacity by two physicians, or by one physician and one licensed advanced practice clinician, who have personally examined the principal. A copy of the incapacity statement must be attached to the health care POA document.

Scope of Health Care Authority

An agent under a Wisconsin health care POA may make decisions about any care, treatment, service, or procedure to maintain, diagnose, or treat the principal's physical or mental condition, to the extent the document authorizes. This can include decisions about surgery, medication, long-term care placement, and end-of-life measures.

Revocation of a Health Care POA

Under Wis. Stat. 155.40, a principal may revoke a health care POA by any of four methods: physically destroying the document or directing another to destroy it in the principal's presence; executing a signed and dated written statement of revocation; verbally expressing revocation intent in the presence of two witnesses; or executing a new health care POA. If the health care agent was the principal's spouse or domestic partner and the marriage or partnership ends, the health care POA is automatically revoked under Wis. Stat. 155.40(2).

Revoking or Ending a Wisconsin Power of Attorney

Termination of a Financial POA

Under Wis. Stat. 244.10, a Wisconsin financial power of attorney terminates when:

• The principal dies.
• The principal becomes incapacitated, if the POA is not durable.
• The principal revokes the POA.
• The document itself provides that it terminates upon a specific event or date, and that event or date occurs.
• The purpose of the POA is accomplished.

An agent's authority also terminates separately when the agent dies, becomes incapacitated, or resigns, if no successor agent is named. If the principal and the agent are married and an action is filed for the dissolution or annulment of their marriage, or for their legal separation, the agent's authority terminates automatically unless the POA document expressly provides otherwise. The same rule applies when the domestic partnership of the principal and agent is terminated.

How to Revoke a Financial POA

A principal who is not incapacitated may revoke a financial POA by executing a written revocation and notifying the agent and any third parties relying on the document. Importantly, creating a new power of attorney does not automatically revoke the earlier one under Wisconsin law unless the new document expressly revokes it. To avoid confusion, a principal replacing an old POA should state in the new document that all prior POAs are revoked and should notify the agent and relevant financial institutions in writing.

Good Faith Protections

Termination of a POA or an agent's authority is not effective against an agent or third party that, without actual knowledge of the termination, acts in good faith under the power of attorney. Written notice of revocation is therefore important to cut off third-party reliance.

For a comparison of how power of attorney law works across all states, see our national Power of Attorney guide.

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This page provides general legal information about Wisconsin power of attorney laws and is not legal advice. Wisconsin estate planning and incapacity planning involve individual facts and circumstances that a licensed attorney can evaluate. Consult a qualified Wisconsin attorney before executing or relying on any power of attorney document.

Last reviewed: May 2026. Governing statutes: Wis. Stat. ch. 244 (Uniform Power of Attorney for Finances and Property Act) and Wis. Stat. ch. 155 (Power of Attorney for Health Care).