Signing Over Authority
Wis. Stat. 244.05 — a signature, presumed genuine before a notary, and durable by default
In Wisconsin, the principal signs the power of attorney, or an individual 18 or older signs the principal's name at the principal's express direction and in the principal's physical presence. A signature acknowledged before a notarial officer is presumed genuine.
Witnessed by video, with a lawyer supervising. A signature is also presumed genuine if it is witnessed by 2 witnesses over real time audio and video, with the signing supervised by a Wisconsin attorney, the principal and witnesses in the state, and the other conditions the section lists, ending in the attorney's affidavit of compliance.
Live when signed unless it says otherwise. A power of attorney is effective when executed unless it provides that it starts at a future date or on a future event, and it can name one or more people to decide that the event has happened. Where it waits on incapacity and nobody is named, or the person named cannot or will not decide, it takes effect on a written determination by a licensed physician or psychologist, or by an attorney, a judge or an appropriate government official.
Durable by default. A power of attorney under the chapter is durable unless it expressly says the principal's incapacity ends it.
| The assumption | What the law actually does |
|---|---|
| The assumptionIt kicks in if I lose capacity | What the law actually doesEffective when executed unless it says otherwise |
| The assumptionI have to make it durable | What the law actually doesDurable unless it says incapacity ends it |
| The assumptionA notary makes it valid | What the law actually doesA notary's acknowledgment makes the signature presumed genuine |
| The assumptionNobody can ask the agent what was done | What the law actually doesRecords on request, within 30 days or an explained extension |
Whatever the document says, an agent who has accepted appointment acts on the principal's reasonable expectations as far as known, otherwise in the principal's best interest, in good faith, and within the authority granted. Unless the document says otherwise, the agent also acts loyally, avoids conflicts of interest, and keeps a record of all receipts, disbursements and transactions.
Thirty days to disclose. When the agent is ordered or properly asked to disclose receipts, disbursements or transactions, the agent complies within 30 days, or provides a record of why more time is needed and complies within an additional 30 days.
Revocation, gifts, and the powers that must be granted expressly run under their own sections and are not on this page. Drafting, limiting or challenging one is a matter for a licensed Wisconsin attorney.
Sources for this section (4)
- Wis. Stat. 244.05 — Execution of power of attorney
- Wis. Stat. 244.09 — When a power of attorney is effective
- Wis. Stat. 244.04 — Power of attorney is durable
- Wis. Stat. 244.14 — Agent's duties
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.