Powers of Attorney in Wisconsin

Requirements for Powers of Attorney in Wisconsin

The Crucial Requirement: Sound Mind and Informed Consent

Above all, the most important legal requirement is that the person creating the power of attorney (called the “Principal”) must be of sound legal mind and in control of their reasonable logic and mental faculties.

1. It is illegal to trick, coax, confuse, or pressure someone into signing a powers of attorney document against their will and without their informed consent.
2. A person also cannot create a legal document if they have lost their ability to reason due to drug or alcohol use (which may be temporary and subside) or mental disability (which may unfortunately be permanent).
3. The person must understand and know what they are doing in delegating important financial, legal, or healthcare powers to their agent. Failure to comply with this most essential requirement opens the power of attorney up to legal challenges, which could cause a court to strike it down as null and void – or worse, issue criminal charges against the person who unduly pressured or duped the principal into creating it. This is especially true if large amounts of money or property were stolen/lost as a result, or great harm came to the principal due to the power of attorney’s existence or inappropriate actions.

Witnessing Requirements for Powers of Attorney

Most financial and “durable” powers of attorney must be signed in front of a public notary.

Wisconsin healthcare power of attorney documents for medical decisions must be signed in front of two (2) uninterested witnesses, meaning people who are not directly related or financially motivated by the principal. Some medical staff are prevented from witnessing a healthcare power of attorney because the principal is under their duty of care and they are being compensated as the person’s nurses or doctors.

The Importance of Witnesses and Notarization

While not all financial and durable powers of attorneys require witnesses, it is wise to use witnesses nonetheless if possible, due to the higher respect and credibility witnessing gives to a legal document. Many lawyers use uninterested witnesses when signing both healthcare and financial powers of attorney documents for their clients, even though the law does not require it for the latter. Third parties such as banks and hospitals often trust legal documents more if witnesses have signed them, and it makes it easier to prove the principal’s intent and consent if the situation is ever reviewed by a future court of law. The same can be said for the notarization of legal documents, though most healthcare powers of attorney only require witnesses.