Lillesand Leonhard Law

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414-488-6511

Lillesand Law

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Your Legal Guide To Creating A Power Of Attorney In Wisconsin

Lillesand Leonhard Law LLC, handles estate planning matters, including creating power of attorneys (POA). Attorney Ashley Lillesand-Leonhard sees firsthand why planning for possible health setbacks matters so much.

Since 2007, Ashley has helped clients create POAs as part of their estate plans. With her help, you can create a POA that reflects your wishes and ensures you and your loved ones are ready for life’s ‘what-ifs.’

Types Of Power Of Attorney Documents

A POA is a legal document authorizing another person (your agent) to step in and handle your affairs if you become unable to do so due to illness, injury or other circumstances. Several types of POAs exist: 

  • Durable POA for finances: Grants broad powers over financial, legal and other matters. 
  • Health care POA: Authorizes medical decisions, including end-of-life care. 

In Wisconsin, one agent can hold multiple POAs. You can grant one agent all powers, or choose different agents for different POAs. Whatever your needs, a Power of Attorney lawyer can help you choose and understand the different types of POAs.

Drafting A Legally Binding Document

Once you’ve chosen the type of POA that best reflects your wishes, the next step is to select a trusted agent and create the document. Because your agent will manage your finances and other important matters, it’s very important to choose someone reliable.

Ashley, as your Power of Attorney lawyer, can guide you through this process. She’ll help you develop a POA specific to your circumstances and explain each aspect of it clearly. By the end, you’ll have a comprehensive POA and a good grasp of how it protects you.

Frequently Asked Questions About Powers Of Attorney

Here are answers to some common questions about POAs in Wisconsin to help you better understand this important legal tool:

What are the responsibilities of an agent under a power of attorney?

An agent under a power of attorney has a fiduciary duty to act in the principal’s best interests at all times. This means the agent must:

  • Act loyally for the principal’s benefit
  • Avoid conflicts of interest that might impair their ability to act impartially
  • Act with care, competence and diligence when making decisions
  • Keep detailed records of all transactions made on behalf of the principal
  • Keep the principal’s property separate from their own
  • Not exceed the authority granted in the POA document

These responsibilities help ensure that the agent uses their powers appropriately and solely for the principal’s benefit. The agent may be legally liable for breach of these duties if they misuse their authority or act negligently.

What is the difference between a durable power of attorney and a medical power of attorney?

A durable power of attorney for finances grants your agent authority over financial and legal matters such as banking, property management and tax filings, even if you become incapacitated. A health care power of attorney specifically authorizes your agent to make health-related decisions on your behalf when you cannot do so, including treatment choices and facility selection. In Wisconsin, these are separate documents that may name the same person or different individuals as your representatives.

Is it possible to revoke a power of attorney in Wisconsin?

Yes, you can revoke a power of attorney in Wisconsin at any time as long as you are mentally competent. To revoke your POA effectively, you should:

  • Create a written revocation document stating your intention to revoke the POA
  • Sign the revocation in front of a notary public
  • Provide copies of the revocation to your former agent and any institutions where the POA was used
  • Destroy all original copies of the revoked POA

It is important to communicate the revocation clearly to prevent your former agent from continuing to act on your behalf.

Work With A Power Of Attorney Lawyer In The Milwaukee Metropolitan Area

Unpredictable events, like a sudden illness or accident, can leave you unable to make crucial decisions. Schedule a free consultation with Ashley to discuss creating a POA. Call 414-488-6511 or send her an email to discuss planning for potential incapacity. She serves clients in Waukesha and Milwaukee counties and statewide.