Your Legal Guide To Creating A Power Of Attorney In Wisconsin

Lillesand Leonhard Law LLC handles estate planning matters, including creating powers of attorney (POAs). 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
• Healthcare POA: Authorizes medical decisions, including end-of-life care

A financial POA typically takes effect as soon as you sign it unless the document sets a later date or event. If incapacity is the trigger, you can also name the person who will decide when you can no longer manage your own affairs. Without that direction, a physician or licensed psychologist must make the finding in writing.

A healthcare POA works differently. In most cases, your agent begins acting only after two physicians or a physician and an advanced practice clinician examine you and find that you cannot make your own treatment decisions. This distinction is not always obvious, so Ashley walks you through the timing as she helps you choose whom to appoint.

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.

Planning for incapacity is important for adults of every age in Waukesha and Milwaukee counties because young parents and healthy professionals can face a sudden illness or injury, too. Without properly executed powers of attorney, your family does not automatically receive authority over your finances or healthcare. If you become unable to act, loved ones may need to ask a court to appoint a guardian, adding expense and delay during an already difficult time.

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 healthcare 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.

A living will has a narrower purpose. It documents your wishes regarding life-sustaining care if you have a terminal health condition or are in a persistent vegetative state.

Many estate plans include both. The living will addresses specific end-of-life situations, while the healthcare power of attorney allows your agent to respond to other medical questions as they arise.

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 her at 414-488-6511 or send her an email to discuss planning for potential incapacity. She serves clients in Waukesha and Milwaukee counties, and statewide.