Wisconsin Power of Attorney Requirements & Form
Wisconsin adopted the Uniform Power of Attorney for Finances and Property Act as Chapter 244 of the Wisconsin Statutes. This page covers how a financial power of attorney is executed in Wisconsin.
Wisconsin requirements
- Wisconsin follows Chapter 244 of the Wisconsin Statutes, which Wis. Stat. 244.01 says may be cited as the Uniform Power of Attorney for Finances and Property Act.
- Under Wis. Stat. 244.05 the principal must sign, or an individual 18 years of age or older must sign the principal's name at the principal's express direction and in the principal's physical presence.
- Notarization is not framed as an absolute condition of validity, but Wis. Stat. 244.05 provides that the signature is presumed genuine if the principal makes an acknowledgment of the power of attorney before a notarial officer. Signing before a notary is the practical standard.
- Wisconsin allows a narrow alternative to in person notarization: Wis. Stat. 244.05 recognizes two remote witnesses appearing by videoconference, but only under strict conditions, including that the signing is supervised by an attorney in good standing licensed in Wisconsin and that an affidavit of compliance is attached.
- Durability is the default: Wis. Stat. 244.04 provides that a power of attorney created under the chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.
- Wisconsin publishes a statutory form power of attorney for finances and property at Wis. Stat. 244.61. If the document will be used for real estate, confirm recording requirements with the register of deeds in the county where the property sits.
Frequently asked questions
Does a Wisconsin power of attorney have to be notarized?
Wis. Stat. 244.05 does not make notarization an absolute condition of validity, but a signature acknowledged before a notarial officer is presumed genuine, and banks and registers of deeds normally expect it. The only alternative in the statute is a tightly conditioned remote videoconference signing supervised by a Wisconsin attorney.
Are witnesses required for a Wisconsin power of attorney?
Not for an ordinary in person signing. Witnesses appear in Wis. Stat. 244.05 only in the remote videoconference alternative to notarization, which requires two witnesses, attorney supervision and an attached affidavit of compliance.