Wisconsin
Wisconsin Power of Attorney Laws: Durable, Medical, and Financial POA (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. How we verify our legal content
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 fiduciary duties under Wis. Stat. 244.14, which apply in two tiers. Regardless of what the document says, the agent must always:
- Act in accordance with the principal's reasonable expectations to the extent actually known, and otherwise act in the principal's best interest.
- Act in good faith.
- Act only within the scope of authority granted in the power of attorney.
Unless the power of attorney provides otherwise, the agent must also:
- Act loyally for the principal's benefit and avoid conflicts of interest that impair impartial decision-making.
- 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:
- Creating, amending, revoking, or terminating an inter vivos trust.
- Making a gift of the principal's property.
- Creating or changing rights of survivorship.
- Creating or changing a beneficiary designation.
- Delegating authority granted under the power of attorney.
- Waiving the principal's right to be a beneficiary of a joint and survivor annuity, including survivor benefits under retirement plans.
- Exercising fiduciary powers the principal holds that may be delegated.
- Disclaiming property, including a power of appointment.
- 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 , 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 (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.
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).
More Wisconsin Laws
Frequently Asked Questions
Is a Wisconsin power of attorney durable by default?
Yes. Under Wis. Stat. 244.04, a power of attorney created under ch. 244 is durable unless the document expressly states that it terminates upon the principal's incapacity. If the document is silent on the point, it remains valid and effective even if the principal loses capacity.
Does a Wisconsin financial power of attorney require witnesses?
No. Under Wis. Stat. 244.05, a Wisconsin financial POA requires only the principal's signature. A signature acknowledged before a notarial officer is presumed genuine, which satisfies the execution standard. Two witnesses are not required for a financial POA, though they are required for the separate health care POA under ch. 155.
What is the difference between a financial POA and a health care POA in Wisconsin?
They are separate documents governed by different statutes. A financial POA under Wis. Stat. ch. 244 authorizes an agent to handle financial and property matters. A health care POA under Wis. Stat. ch. 155 authorizes an agent to make medical decisions when the principal is incapacitated. A financial POA explicitly does not authorize health care decisions. Both documents are needed if a principal wants comprehensive coverage.
What powers require an explicit grant in a Wisconsin POA?
Under Wis. Stat. 244.41, an agent cannot make gifts, create or amend a trust, change beneficiary designations, create survivorship rights, delegate authority, waive survivorship annuity benefits, exercise delegable fiduciary powers, disclaim property, or access electronic communications unless the document specifically grants each of those powers. A general grant of financial authority is not sufficient for these actions.
Does Wisconsin have a statutory power of attorney form?
Yes. Wis. Stat. 244.61 provides a statutory form for a power of attorney for finances and property. The form is optional, but it clearly lists subject areas the principal may grant by initialing them and includes a statement that the form does not authorize health care decisions.
How do you revoke a power of attorney in Wisconsin?
A principal may revoke a financial POA by executing a written revocation and notifying the agent and any institutions relying on the document. Creating a new POA does not automatically revoke a prior one unless the new document says so. A health care POA may be revoked by written statement, physical destruction, verbal revocation before two witnesses, or by executing a new health care POA under Wis. Stat. 155.40.
When does a Wisconsin power of attorney take effect?
A Wisconsin financial POA takes effect immediately upon execution unless the document specifies a future date or a condition that must be met, such as a physician's determination of incapacity. A Wisconsin health care POA takes effect upon a finding of incapacity by two physicians, or one physician and one licensed advanced practice clinician, who personally examine the principal under Wis. Stat. 155.05.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Clarified that only the good-faith, scope-of-authority, and reasonable-expectations duties are always mandatory for a Wisconsin agent; the loyalty, care, recordkeeping, cooperation, and estate-plan duties can be modified or waived in the power of attorney document itself.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Wisconsin Statutes, Chapter 155: Power Of Attorney For Health Care
§ 155.05Power of attorney for health care.In force
(1) An individual who is of sound mind and has attained age 18 may voluntarily execute a power of attorney for health care. An individual for whom an adjudication of incompetence and appointment of a guardian of the person is in effect in this state is presumed not to be of sound mind for purposes of this subsection executing a power of attorney for health care. (2) Unless otherwise specified in the power of attorney for health care instrument, an individual’s power of attorney for health care takes effect upon a finding of incapacity by 2 physicians, as defined in s. 448.01 (5), or one physician and one licensed advanced practice clinician, who personally examine the principal and sign a statement specifying that the principal has incapacity. Mere old age, eccentricity or physical disability, either singly or together, are insufficient to make a finding of incapacity. Neither of the individuals who make a finding of incapacity may be a relative of the principal or have knowledge that he or she is entitled to or has a claim on any portion of the principal’s estate. A copy of the statement, if made, shall be appended to the power of attorney for health care instrument.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 3 court opinionsMost recently applied by a court: 2014
Leading cases: Julaine K. Appling v. Scott Walker (Wisconsin Supreme Court 2014, 358 Wis. 2d 132) · Dane County v. Sheila W. (Wisconsin Supreme Court 2013) · Opinion No. Oag 5-99, ___ Op. Att'y Gen. ___ (2000) (Wisconsin Attorney General Reports 2000)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 155.40Revocation of power of attorney for health care.In force
(1) A principal may revoke his or her power of attorney for health care and invalidate the power of attorney for health care instrument at any time by doing any of the following: (a) Canceling, defacing, obliterating, burning, tearing or otherwise destroying the power of attorney for health care instrument or directing another in the presence of the principal to so destroy the power of attorney for health care instrument. (b) Executing a statement, in writing, that is signed and dated by the principal, expressing the principal’s intent to revoke the power of attorney for health care. (c) Verbally expressing the principal’s intent to revoke the power of attorney for health care, in the presence of 2 witnesses. (d) Executing a subsequent power of attorney for health care instrument. (2) If the health care agent is the principal’s spouse or domestic partner under ch. 770 and, subsequent to the execution of a power of attorney for health care instrument, the marriage is annulled or divorce from the spouse is obtained or the domestic partnership under ch.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Wisconsin Statutes, Chapter 244: Uniform Power Of Attorney For Finances And Property
§ 244.04Power of attorney is durable.In force
A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
§ 244.05Execution of power of attorney.In force
(1) To execute a power of attorney, the principal must sign the power of attorney, or an individual 18 years of age or older at the express direction and in the physical presence of the principal must sign the principal’s name on the power of attorney. (2) A signature of the principal, or the signature of an individual signing on behalf of the principal, on a power of attorney is presumed to be genuine if the principal makes an acknowledgment of the power of attorney before a notarial officer authorized under ch. 140 to take acknowledgments. (3) A signature of the principal, or the signature of an individual signing on behalf of the principal, on a power of attorney is presumed to be genuine if the signing is witnessed by 2 witnesses via simultaneous remote appearance by 2-way, real-time audiovisual communication technology if all of the following conditions are satisfied: (a) The signing is supervised by an attorney in good standing licensed by this state. The supervising attorney may serve as one of the remote witnesses. (b) The principal attests to being physically located in this state during the 2-way, real-time audiovisual communication.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
§ 244.10Termination of power of attorney or agent’s authority.In force
(1) A power of attorney terminates when any of the following occurs: (a) The principal dies. (b) The principal becomes incapacitated, if the power of attorney so provides. (c) The principal revokes the power of attorney. (d) The power of attorney provides that it terminates. (e) The purpose of the power of attorney is accomplished. (f) The principal revokes the agent’s authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney. (2) An agent’s authority terminates when any of the following occurs: (a) The principal revokes the authority. (b) The agent dies, becomes incapacitated, or resigns. (c) An action is filed for the dissolution or annulment of the agent’s marriage to the principal or their legal separation, unless the power of attorney otherwise provides. (d) The power of attorney terminates. (e) The domestic partnership of the principal and agent under ch. 770 is terminated unless the power of attorney otherwise provides. (3) Unless the power of attorney otherwise provides, an agent’s authority is exercisable until the authority terminates under sub.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
§ 244.14Agent’s duties.In force
(1) Notwithstanding any provisions to the contrary in the power of attorney, an agent who has accepted appointment shall do all of the following: (a) Act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, if those expectations are not known, in the principal’s best interest. (b) Act in good faith. (c) Act only within the scope of authority granted in the power of attorney. (2) Except as otherwise provided in the power of attorney, an agent who has accepted an appointment shall do all of the following: (a) Act loyally for the principal’s benefit. (b) Act so as not to create a conflict of interest that impairs the agent’s ability to act impartially in the principal’s best interest. (c) Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances. (d) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 3 court opinionsMost recently applied by a court: 2022
Leading cases: State v. Bryzek (Court of Appeals of Wisconsin 2016, 370 Wis. 2d 237) · Office of Lawyer Regulation v. Laura R. Schwefel (Wisconsin Supreme Court 2022, 401 Wis. 2d 641) · Haglund v. Rusch (United States Bankruptcy Court, W.D. Wisconsin 2019)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 244.20Refusal to accept acknowledged power of attorney.In force
(1) A person may, in good faith, refuse to accept an acknowledged power of attorney within 10 business days of presentment if any of the following applies: (a) The person is not otherwise required to engage in a transaction with the principal in the same circumstances. (b) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal or state law. (c) The person has actual knowledge of the termination of the agent’s authority or of the power of attorney before exercise of the power of attorney. (d) A request for a certification, a translation, or an opinion of counsel under s. 244.19 (4) is refused. (e) The person believes that the power of attorney is not valid, that the agent does not have the authority to perform the act requested, or that the person presenting the power of attorney is not the agent named in the power of attorney, whether or not a certification, a translation, or an opinion of counsel under s. 244.19 (4) has been requested or provided.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
§ 244.41Authority that requires specific grant, grant of general authority.In force
(1) An agent under a power of attorney may do any of the following on behalf of the principal or with the principal’s property only if the power of attorney expressly grants the agent the authority and the exercise of that authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject: (a) Create, amend, revoke, or terminate an inter vivos trust. (b) Make a gift. (c) Create or change rights of survivorship. (d) Create or change a beneficiary designation. (e) Delegate authority granted under the power of attorney. (f) Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan. (g) Exercise fiduciary powers that the principal has authority to delegate. (h) Disclaim property, including a power of appointment. (i) Access the content of an electronic communication, as defined in s. 711.03 (6), sent or received by the principal. (2) Notwithstanding a grant of authority to do an act described in sub.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 2 court opinionsMost recently applied by a court: 2025
Leading cases: Lyon Havlik v. University Of Chicago (District Court, N.D. Illinois 2025) · Lee E. Chapman (United States Bankruptcy Court, E.D. Wisconsin 2021)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 244.61Statutory Form Power of Attorney for Finances and Property.In force
A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this chapter. An appendix shall be attached to this form that includes the text of ss. 244.44 to 244.56. The appendix is for definitions only. The agent has powers only regarding the subjects initialed on the form.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Explore the law
This article also draws on these acts and chapters (opening at their first section): Wisconsin Statutes, Chapter 155: Power Of Attorney For Health Care § 155.01 (Definitions.) · Wisconsin Statutes, Chapter 244: Uniform Power Of Attorney For Finances And Property § 244.01 (Short title.)
Related law for further reading — not part of this article’s citations.
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Sources and References
- Wis. Stat. ch. 244 : Uniform Power of Attorney for Finances and Property Act(docs.legis.wisconsin.gov)
- Wis. Stat. 244.04 : Power of attorney is durable(docs.legis.wisconsin.gov)
- Wis. Stat. 244.05 : Execution of power of attorney(docs.legis.wisconsin.gov)
- Wis. Stat. 244.10 : Termination of power of attorney or agent authority(docs.legis.wisconsin.gov)
- Wis. Stat. 244.14 : Agent duties(docs.legis.wisconsin.gov)
- Wis. Stat. 244.20 : Refusal to accept acknowledged power of attorney(docs.legis.wisconsin.gov)
- Wis. Stat. 244.41 : Authority requiring specific grant(docs.legis.wisconsin.gov)
- Wis. Stat. 244.61 : Statutory power of attorney form(docs.legis.wisconsin.gov)
- Wis. Stat. ch. 155 : Power of Attorney for Health Care(docs.legis.wisconsin.gov)
- Wis. Stat. 155.05 : Execution of health care power of attorney(docs.legis.wisconsin.gov)
- Wis. Stat. 155.40 : Revocation of health care power of attorney(docs.legis.wisconsin.gov)