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Power of Attorney in Wisconsin: Requirements, the State Form, and How to Get One
A Wisconsin power of attorney for finances needs only your parent's signature, but notarizing it is what makes banks accept it. Here is what Wis. Stat. ch. 244 requires and how families use it.
By naveen · Updated · How we research our guides
What to know
- A Wisconsin power of attorney for finances must be signed by your parent, or by another adult at their express direction and in their physical presence (Wis. Stat. 244.05).
- Notarizing isn't required, but it makes the signature presumed genuine, and the rules that limit when a bank can refuse apply only to notarized powers of attorney.
- It's durable by default: it continues if your parent becomes incapacitated unless it says otherwise (Wis. Stat. 244.04).
- The Wisconsin Department of Health Services publishes the state's Power of Attorney for Finances and Property form for free; it doesn't cover health care.
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
A power of attorney in Wisconsin for money and property is executed when your parent signs it, or another adult signs their name at their express direction and in their physical presence (Wis. Stat. 244.05). There's no witness requirement in the statute. But a signature "is presumed to be genuine if the principal makes an acknowledgment of the power of attorney before a notarial officer," and the bank-acceptance rules in Wis. Stat. 244.19 and 244.20 apply only to an "acknowledged" (notarized) power of attorney.
What is a durable power of attorney in Wisconsin?
A durable power of attorney is "a power of attorney that is not terminated by the principal's incapacity" (Wis. Stat. 244.02), and in Wisconsin that's the default. The law is the Uniform Power of Attorney for Finances and Property Act, Wis. Stat. chapter 244, and a power of attorney is "a writing or other record that grants authority to an agent to act in the place of the principal." Your parent is the principal.
Under Wis. Stat. 244.04, "A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal." The state form's instructions say the same: it "does not terminate upon the principal's incapacity" unless your parent specifically states that it does. For why the timing of signing matters, see our guide to power of attorney for an elderly parent.
What does Wisconsin require for a power of attorney to be valid?
Wisconsin requires only your parent's signature, or an adult's signature for them at their direction; a notary is optional but makes the signature presumed genuine.
| Step | What chapter 244 says |
|---|---|
| Signature | Your parent signs, or an adult signs for them at their express direction and in their physical presence |
| Notary (optional) | Acknowledging it before a notary makes the signature presumed genuine |
| Remote option | Two witnesses by live video, supervised by a Wisconsin attorney, also create that presumption |
The Department of Health Services' form instructions explain what notarizing adds: "While it is not required that you sign this document in the presence of a notary, acknowledged signatures create a lawful presumption of genuineness and will be more easily accepted by businesses and financial institutions." The statutory form's signature section is a notary acknowledgment.
Is there an official Wisconsin power of attorney form?
Yes. Wis. Stat. 244.61 sets out the "WISCONSIN STATUTORY FORM POWER OF ATTORNEY FOR FINANCES AND PROPERTY," and the Department of Health Services publishes it as form F-00036, free to download.
The form opens with a notice to the principal. It says "THIS POWER OF ATTORNEY DOES NOT AUTHORIZE THE AGENT TO MAKE HEALTH-CARE DECISIONS FOR YOU" and "THIS POWER OF ATTORNEY BECOMES EFFECTIVE IMMEDIATELY UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS." "The agent has powers only regarding the subjects initialed on the form," such as real property, banks, retirement plans and taxes.
Some powers need to be granted specifically. Under Wis. Stat. 244.41, an agent can make gifts, create or change beneficiary designations or rights of survivorship, or change trusts only if the power of attorney "expressly grants the agent the authority." And Wis. Stat. 244.07 adds: "Unless specifically stated, a power of attorney does not authorize gifting, self-dealing, or oral amendment of the power of attorney."
When does it take effect, and when does it end?
It's "effective when executed" unless it says it starts at a future date or event (Wis. Stat. 244.09). A power of attorney that starts on incapacity can name who decides; if it doesn't, a written determination by a licensed physician or psychologist, or in some cases an attorney, judge or government official, triggers it.
Under Wis. Stat. 244.10, it ends when your parent dies, when your parent revokes it, when the document says it ends or its purpose is accomplished, or when the agent can no longer serve and no other agent is named. An agent's authority also ends, unless the document says otherwise, when "An action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation." That's the filing, not the final judgment.
A court-appointed conservator or guardian of the estate doesn't end it: "The power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court." A power of attorney can also nominate a guardian for the court to consider.
What does the agent have to do?
Under Wis. Stat. 244.14, whatever the document says, an agent must act according to your parent's known reasonable expectations, otherwise in your parent's best interest, in good faith, and only within the authority granted. Unless the document says otherwise, the agent must also act loyally, avoid conflicts, act with care and diligence, "Keep a record of all receipts, disbursements, and transactions made on behalf of the principal," and try to preserve your parent's estate plan.
If your parent, a guardian or a protective government agency asks for records, the agent has 30 days to provide them or explain why more time is needed. If the family has concerns, the statute lets your parent's spouse, parent or descendant, or "The principal's caregiver," ask a court to review the agent's conduct. Our guide to protecting a parent from scams covers the warning signs any agent should know.
Do banks have to accept a Wisconsin power of attorney?
A notarized one, with limits on refusing. Under Wis. Stat. 244.20, a person "may, in good faith, refuse to accept an acknowledged power of attorney within 10 business days of presentment" only for listed reasons, such as a belief that it isn't valid, or a report of suspected abuse or exploitation by the agent.
A person "may not refuse" a notarized power of attorney when the reason is "based exclusively on the date the power of attorney was executed" or "based exclusively on a mandate that an additional or different power of attorney form must be used." If they request an agent's certification, a translation or an opinion of counsel, they must accept "no later than 5 business days after receipt," absent another good-faith reason. A court can order acceptance and award attorney fees.
How do you get a power of attorney for an elderly parent in Wisconsin?
Your parent has to sign it while able; a family member can't create one for them. The steps:
- Talk with your parent about who they'd want acting for them, and who should succeed them.
- Choose a document: the state's F-00036 form, or one drafted for your parent's situation.
- Go through the subjects with your parent; they initial only the ones they want to grant, and add any gift authority in the special instructions.
- Your parent signs before a notary, so banks get the presumption of genuineness.
- Give the agent a copy and keep the original somewhere safe.
Timing is the constraint: your parent has to be able to sign. If that moment has passed, the family may need a court process instead, described in our Wisconsin guardianship guide. If the situation is complicated, it helps to know what an elder law attorney does.
How do you revoke a power of attorney in Wisconsin?
Your parent can revoke it; chapter 244 makes revocation a termination event but doesn't prescribe a method. The Department of Health Services' form instructions say: "You may revoke this document at any time; a suggested method is a written and dated statement expressing your intent to revoke this document. If you revoke this document, you should notify your agent and any other persons or entities that have a copy."
The same instructions add that "Executing a new Power of Attorney for Finances does not, automatically, revoke a prior document," so a new one should say so if your parent wants the old one cancelled.
How much does a power of attorney cost in Wisconsin?
The state form is free from the Department of Health Services. The notary step is capped: for taking an acknowledgment, "the fee per document shall not exceed $5" (Wis. Stat. 140.02).
Frequently asked questions
Does a power of attorney need to be notarized in Wisconsin?
Not to be valid. Wis. Stat. 244.05 requires only your parent's signature. A notarized signature is presumed genuine, though, and the rules limiting when a bank can refuse a power of attorney apply only to notarized ones. The state form's signature section is a notary acknowledgment.
Is a Wisconsin power of attorney durable?
Yes, by default. Wis. Stat. 244.04 says a power of attorney under chapter 244 "is durable unless it expressly provides that it is terminated by the incapacity of the principal." Wisconsin doesn't require special durability wording, and the agent's authority continues despite time passing since it was signed.
Where can I get a Wisconsin power of attorney form?
The Wisconsin Department of Health Services publishes the Power of Attorney for Finances and Property, form F-00036, free on its website, along with the health care power of attorney and living will forms. The financial form follows the statutory form in Wis. Stat. 244.61. A document drafted for your parent also works.
Can a Wisconsin financial power of attorney make medical decisions?
No. The statutory form says it "DOES NOT AUTHORIZE THE AGENT TO MAKE HEALTH-CARE DECISIONS," and chapter 244 doesn't apply to health care powers. Wisconsin uses a separate Power of Attorney for Health Care under chapter 155, with two witnesses. Our guide to Wisconsin's health care power of attorney explains it.
What if my elderly parent can no longer sign?
An adult can sign your parent's name at your parent's express direction and in their physical presence, but your parent still has to direct it. If your parent can no longer make that decision, a court guardianship may be the remaining route; a power of attorney signed earlier continues alongside a later conservator unless the court limits it.
Is a power of attorney from another state valid in Wisconsin?
Yes, if it met the right law when signed. Under Wis. Stat. 244.06, a power of attorney executed outside Wisconsin is valid there if it complied with the law of the jurisdiction that governs its meaning, or with the federal requirements for a military power of attorney.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it, and in Wisconsin a notary is what brings the bank-acceptance rules into play. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- Wis. Stat. chapter 244, Uniform Power of Attorney for Finances and Property Act: execution (244.05), durability (244.04), effective date (244.09), termination (244.10), agent duties (244.14), acceptance (244.20), express grants (244.41) and the statutory form (244.61).
- Wisconsin Department of Health Services, Advance directive forms: the free F-00036 Power of Attorney for Finances and Property and its instructions.
- Wis. Stat. chapter 140, Notaries: the notary fee cap (140.02).
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