Powers of attorney and health care directives in Wisconsin

Signing a power of attorney

A Wisconsin principal signs a power of attorney, or directs an individual aged 18 or older to sign the principal's name while the principal is physically present. A signature is presumed genuine if the principal acknowledges the document before a notarial officer authorized under chapter 140.

Wisconsin provides a remote signing procedure for a power of attorney. Signed originals and copies are treated together as one original unless the supervising attorney compiles remote witness signature pages onto the principal's signed original. The supervising attorney's affidavit must state that all participants were known to each other or describe the photo identification used.

Durability and authority of an agent

A Wisconsin power of attorney is durable unless it expressly provides that the principal's incapacity terminates it. An agent may perform listed acts for the principal only when the power of attorney expressly grants that authority and no other agreement or instrument prohibits the act.

A reference to a general-authority subject in sections 244.44 to 244.56 incorporates the entire statutory section as if its text appeared in the document. An agent may revoke, amend, or distribute a settlor's trust property only if the power of attorney expressly authorizes that act.

A Wisconsin agent ordered or requested to disclose information must comply within 30 days. The agent may provide a writing substantiating why more time is needed and then comply within an additional 30 days.

A Wisconsin clause exonerating an agent is ineffective to the extent it relieves liability for a breach committed dishonestly, with improper motive, or with reckless indifference to the principal's interests. An agent who violates the power of attorney chapter is liable to the principal or successors in interest for the amount required to meet statutory remedies.

Guardianship and advance planning

The listed planning includes a durable power of attorney, a health care power of attorney, a trust, or a jointly held account.

Wisconsin guardianship requires that the need for decision-making help cannot be met less restrictively through training, support services, assistive devices, or a supported decision-making agreement under chapter 52. A finding of incompetence cannot rest merely on old age, eccentricity, poor judgment, physical disability, or having a supported decision-making agreement, unless the proposed ward cannot communicate decisions at all.

A Wisconsin ward keeps rights that are not assigned to the guardian or limited by statute. A guardian may exercise only powers granted by statute or court order. Title to the ward's income, assets, and their proceeds remains vested in the ward and is not vested in the guardian.

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