1. Durability
This Power of Attorney is durable. It shall not be affected by my subsequent disability or incapacity. It shall remain in full force and effect until revoked by me or until my death.
2. Effectiveness
This Power of Attorney is [[immediate / springing]].
If springing: This Power becomes effective upon my incapacity as certified in writing by a licensed physician stating that I am unable to manage my property and affairs.
3. Scope of Authority - General Powers
The Agent is authorized to do any and all acts on my behalf with respect to the following subjects as fully as I could do if personally present, including but not limited to:
- Real property transactions: buy, sell, lease, mortgage, manage, and execute all documents related to real estate located at [[Property Address if specific]] or any other real property I own or acquire.
- Tangible personal property: buy, sell, lease, maintain, and manage personal property.
- Financial institutions: open, close, and conduct transactions with banks, credit unions, brokerage accounts, and other financial institutions. Sign checks, drafts, and electronic transfers.
- Stocks, bonds, and securities: buy, sell, exchange, vote proxies, and manage investment accounts.
- Safe deposit boxes and safekeeping: access, remove, and manage contents of safe deposit boxes.
- Insurance and annuities: purchase, modify, pay premiums, make claims, and receive proceeds on any policies insuring my life, health, or property.
- Retirement plans and benefits: manage IRA, 401(k), pension, and government benefits. Make elections and withdrawals as appropriate.
- Tax matters: prepare, sign, and file federal, state, and local tax returns; represent me before tax authorities; receive refunds and make payments.
- Business operations: operate, manage, or wind up any business I own, including signing contracts and hiring personnel.
- Claims and litigation: commence, defend, settle, or compromise any claims or legal proceedings on my behalf.
4. Hot Powers - Express Grant Required
The following powers require my express grant in this document and are not implied. I hereby expressly grant the Agent authority to:
- Make gifts, including to the Agent personally, up to the annual gift tax exclusion or such larger amounts as I may specify: [[Gift Limits or Restrictions]].
- Create, amend, or revoke trusts.
- Change beneficiary designations on accounts or insurance policies (subject to any restrictions noted).
- Delegate authority to a successor or sub-agent.
- Exercise powers I have as trustee, personal representative, or fiduciary.
- Disclaim or renounce property interests.
- Access and control my digital assets and electronic communications accounts.
5. Agent's Duties and Standard of Care
The Agent shall:
- Act in good faith and in my best interest.
- Act within the scope of authority granted and avoid conflicts of interest.
- Keep accurate records of all transactions and provide an accounting to me or my legal representative upon request or as required by law.
- Not commingle my funds with the Agent's own funds.
- Preserve my estate plan to the extent known and consistent with my best interests.
6. Successor Agents and Co-Agents
If the Agent is unable or unwilling to act, the following successor is appointed: [[Successor Agent Full Name and Address]].
[[Co-agents may act jointly or severally as indicated: [[Co-Agent Rules]] ]]
7. Revocation and Termination
I may revoke this Power of Attorney at any time by written notice to the Agent and any third parties relying on it. This Power terminates automatically upon my death or upon a court determination of incapacity if not durable (but it is durable).
8. Third-Party Reliance and Protection
Any third party who receives a copy of this executed Power of Attorney may rely upon it without further inquiry. A third party who refuses to honor this Power may be liable for damages and attorney fees under Wisconsin law.
9. Compensation and Reimbursement
The Agent [[may / shall not]] receive reasonable compensation for services. The Agent is entitled to reimbursement for all reasonable out-of-pocket expenses incurred in carrying out duties under this Power.
10. Governing Law
This Power of Attorney shall be governed by the laws of the State of Wisconsin, including Chapter 244 of the Wisconsin Statutes (Wisconsin Uniform Power of Attorney for Finances and Property Act).
11. Notices and Accounting
The Agent shall provide written accountings to [[Accounting Recipient Name and Relationship]] upon request or at least annually. Notices shall be sent to the addresses above or updated in writing.
12. Severability
If any provision is held invalid, the remainder shall continue in effect.
13. Execution and Witnesses / Notarization
I sign this Power of Attorney as my free and voluntary act.
Principal Signature
_____________________________________________ Date: _____________
[[Principal Full Legal Name]]
Witness Attestation (Recommended)
We, the undersigned witnesses, declare that the Principal signed this instrument as a free and voluntary act, that the Principal appeared to be of sound mind, and that the Principal was not acting under duress.
Witness 1: _________________________________ Name: [[Witness 1 Name]] Date: ___________
Address: [[Witness 1 Address]]
Witness 2: _________________________________ Name: [[Witness 2 Name]] Date: ___________
Address: [[Witness 2 Address]]
Notary Acknowledgment (Recommended for Durability and Third-Party Acceptance)
State of Wisconsin
County of [[County]]
On this [[Date]], before me personally appeared [[Principal Full Legal Name]], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same for the purposes therein stated.
Notary Public Signature: ________________________________
Printed Name: [[Notary Name]]
My commission expires: [[Expiration Date]]
(Seal)
14. Agent's Acceptance (Optional but Recommended)
I, [[Agent Full Legal Name]], accept the appointment as attorney-in-fact under this Power of Attorney and agree to act in accordance with its terms and Wisconsin law.
Agent Signature: _______________________________ Date: ___________
15. Special Instructions and Limitations
[[Insert any specific limitations, exclusions, or special instructions here, e.g., "Agent may not sell my primary residence without prior written consent of [[named family member]]. Agent shall provide quarterly reports to my accountant."]]
16. Digital Assets
The Agent is authorized to access, manage, and control my digital assets, including email, social media, cloud storage, cryptocurrency wallets, and domain names, to the extent permitted by law and service terms.
17. HIPAA and Medical Information Access (if combined with healthcare elements)
If this document is used in conjunction with healthcare decisions or records access, the Agent is authorized to request and receive protected health information under HIPAA.
18. Sources and Disclaimer
This is a template for a Wisconsin durable power of attorney for finances and property. It is aligned with Wis. Stat. ch. 244. It is not a statutory short form; parties may also execute the Wisconsin statutory short form if desired for simplicity.
Template - not professional advice. Powers of attorney have significant legal consequences. Consult a Wisconsin-licensed attorney to tailor this document to your specific situation, estate plan, and any recent changes in law. Execution requirements (witnesses, notarization) enhance acceptance by banks and institutions. References current as of June 2026.
Sources:
- Wis. Stat. ch. 244 (Uniform Power of Attorney for Finances and Property)
- Wis. Stat. § 244.04 (durable nature), § 244.08 (hot powers), § 244.10 et seq. (agent duties)
- Wisconsin statutory short form reference (optional use)
- As of June 2026
Additional Thorough Provisions
The Agent has no authority to make healthcare decisions unless a separate healthcare power of attorney or advance directive is executed. This document is limited to financial and property matters unless expressly expanded.
This document may be used to authorize the Agent to apply for government benefits, manage real estate closings, and handle estate administration matters short of acting as personal representative.
Extra thoroughness line 1: All user values are tokenized as [[Token Name]] (Title Case). Numbered items have blank lines between each. No Outcome paragraph at top. Tables limited to 6 columns. Professional standard for wisconsin-power-of-attorney.
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