Wisconsin Limited Power of Attorney Form

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A Wisconsin limited power of attorney lets an agent handle named tasks. Under Wis. Stat. § 244.05, the principal signs it, or an individual 18 years of age or older signs the principal's name at the principal's express direction and in the principal's physical presence. The form serves principals needing one job done, especially while out of state.

Key facts

  • Named tasks only: the document lists the specific jobs the agent may do, such as one sale or one closing.
  • Who signs: the principal, or an individual 18 years of age or older at the principal's express direction and in the principal's physical presence (Wis. Stat. § 244.05).
  • Notary acknowledgment: the signature is presumed genuine if the principal acknowledges the power of attorney before a notarial officer (Wis. Stat. § 244.05).
  • Durable unless it says otherwise: a power of attorney under chapter 244 survives incapacity unless it expressly provides that the principal's incapacity ends it (Wis. Stat. § 244.04).
  • Ends when the job is done: the power of attorney terminates when its purpose is accomplished (Wis. Stat. § 244.10).
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What a Wisconsin Limited Power of Attorney Covers

A limited power of attorney in Wisconsin gives an agent authority over specific tasks that the principal writes on the form, and nothing beyond them. The same document is also called a Wisconsin special power of attorney. The principal is the person granting authority, and the agent, also called the attorney-in-fact, is the person acting for them.

The purpose lines set the scope. Naming each task in plain words keeps the agent's role narrow and easy for a bank, buyer or title company to read. Typical tasks include:

  • Selling one specified vehicle or piece of property while the principal is away
  • Signing documents for a single real estate closing
  • Managing one bank account or one named financial transaction
  • Handling a single business matter, such as signing one contract
Document name Wisconsin Limited Power of Attorney Form
Other name Wisconsin Special Power of Attorney
Governing law Uniform Power of Attorney for Finances and Property Act (Wisconsin)
Parties Principal, agent, alternate agent

Limited vs. General Power of Attorney in Wisconsin

A limited power of attorney differs from a general one in the breadth of authority: it covers the tasks on its purpose lines, while a general power of attorney covers a broad range of matters. The limited form fits one job or a short list of jobs.

Wisconsin also publishes a statutory form power of attorney for finances and property in Wis. Stat. § 244.61. On that form, the agent has powers only regarding the subjects initialed on the form, such as real property, banks and other financial institutions, or taxes. A principal who wants wide financial authority uses that form or a general power of attorney instead of a limited one. More options sit on our Wisconsin power of attorney forms page.

When a Different Wisconsin Form Fits

A limited power of attorney for finances and property does not replace the two Wisconsin documents built for health care and for children.

  • Health care decisions: a power of attorney for health care instrument is valid if it is in writing, dated and signed by the principal or by an individual who has attained age 18 at the express direction and in the presence of the principal, voluntarily executed, and signed in the presence of 2 witnesses who meet the requirements of sub. (2) of that section, which include that each witness has attained age 18 (Wis. Stat. § 155.10).
  • Care of a child: a parent who has legal custody may delegate powers regarding the care and custody of a child by a power of attorney executed by all parents who have legal custody, except the power to consent to the marriage or adoption of the child, an abortion, the termination of parental rights or enlistment in the U.S. armed forces (Wis. Stat. § 48.979).
  • How long a child delegation lasts: no longer than one year, unless the delegation is to a relative of the child or the court approves it (Wis. Stat. § 48.979).

What the Limited Power of Attorney Form Includes

The form holds seven parts: the principal, the agent, the limited purposes, the effective date, the termination date, the alternate agent and the signature with its acknowledgment. Each part answers one question a third party asks before relying on the agent.

Limited Purposes and Special Instructions

The purpose lines are the heart of the document: they name each task the agent may handle. A printed special instructions sentence follows the lines. Vague wording, such as "handle my affairs", turns a limited grant into an unclear one.

Effective Date

A power of attorney is effective when executed unless the principal provides in it that it becomes effective at a future date or upon a future event or contingency (Wis. Stat. § 244.09(1)). The form's effective date option records that choice: immediate effect, or a written start date.

Termination Date and Incapacity

The termination options set when the agent's authority stops: on a signed written revocation, on a written date, or on the principal's incapacity. The incapacity option matters, because a power of attorney under chapter 244 is durable unless it expressly provides that it is terminated by the incapacity of the principal (Wis. Stat. § 244.04). A power of attorney terminates on the principal's incapacity only if the document so provides (Wis. Stat. § 244.10).

Alternate Agent

The alternate agent keeps the document working if the first agent cannot act. Under Wis. Stat. § 244.10, a power of attorney terminates when the agent dies, becomes incapacitated or resigns, if the power of attorney does not provide for another agent to act. Naming an alternate agent avoids that gap.

How to Fill Out the Wisconsin Limited Power of Attorney Form

The form fills out in eight steps, one part of the form at a time, in the order the pages print them.

The screenshots under each step show the FormsPal Wisconsin Limited Power of Attorney template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

  1. Principal and agent

    Enter the principal's full name and current address. Then enter the name and address of the person appointed as agent (attorney-in-fact).

    Wisconsin Wisconsin Limited Power of Attorney: WISCONSIN LIMITED POWER OF ATTORNEY, filled with sample entries
    Step 1: sample entries, not a real document.
  2. Limited purposes and special instructions

    Write each task for the agent on the purpose lines, such as selling one property or managing one account. The special instructions sentence below the lines is already printed on the form.

    Wisconsin Wisconsin Limited Power of Attorney: purpose(s), filled with sample entries
    Step 2: sample entries, not a real document.
  3. Effective date

    Initial one option. Choose immediate effect, or write in the date the power of attorney starts.

    Wisconsin Wisconsin Limited Power of Attorney: EFFECTIVE DATE, filled with sample entries
    Step 3: sample entries, not a real document.
  4. Termination date

    Initial one option. The first option ends the power of attorney when the principal signs a written revocation. The date and incapacity options continue on page 2.

    Wisconsin Wisconsin Limited Power of Attorney: TERMINATION DATE, filled with sample entries
    Step 4: sample entries, not a real document.
  5. Remaining termination options and successor agent

    Initial the date option or the incapacity option if you chose one, and write in any date. Then enter the agent's name, the alternate agent's name and the alternate agent's address.

    Wisconsin Wisconsin Limited Power of Attorney: A WRITTEN REVOCATION, filled with sample entries
    Step 5: sample entries, not a real document.
  6. Date and sign

    Write the day, month and year, sign on the signature line and print the principal's name below it.

    Wisconsin Wisconsin Limited Power of Attorney: Day, Month and more, filled with sample entries
    Step 6: sample entries, not a real document.
  7. Acknowledgment

    Fill in the county, the date, the officer's name and title, and the principal's name in the acknowledgment on page 3.

    Wisconsin Wisconsin Limited Power of Attorney: STATE OF WISCONSIN, filled with sample entries
    Step 7: sample entries, not a real document.
  8. Officer signature and seal

    Leave the signature line at the bottom of page 3 blank for the officer who takes the acknowledgment.

    Wisconsin Wisconsin Limited Power of Attorney: Signature, filled with sample entries
    Step 8: sample entries, not a real document.

Write the names of the principal and the agent exactly as they appear on their photo IDs, and use the same spelling everywhere in the document.

Common mistakes: Writing vague purpose lines, skipping the initials on an option, or spelling a name differently on each page.

Template Preview
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How to Sign a Wisconsin Limited Power of Attorney

The document is executed by the principal's signature, or by an individual 18 years of age or older who signs the principal's name at the principal's express direction and in the principal's physical presence, as Wis. Stat. § 244.05 provides. The signature is presumed genuine if the principal makes an acknowledgment before a notarial officer authorized under ch. 140 to take acknowledgments (Wis. Stat. § 244.05).

  1. Check every name, date and initial on the printed pages.
  2. Bring the unsigned form and a photo ID to a notary public or another officer authorized to take acknowledgments.
  3. Sign and date the form in front of the officer, or have an adult sign the principal's name at the principal's direction and in the principal's presence.
  4. Let the officer complete the acknowledgment on page 3 and add a seal, if any.
  5. Give the agent a copy, and keep the signed original in a safe place.

Signing With Remote Witnesses

Wisconsin offers a remote route: the signature is also presumed genuine if the signing is witnessed by 2 witnesses via simultaneous remote appearance by 2-way, real-time audiovisual communication technology, when all of these conditions hold (Wis. Stat. § 244.05):

  • An attorney in good standing licensed in Wisconsin supervises the signing, and that attorney may serve as one of the remote witnesses.
  • The principal attests to being physically located in Wisconsin during the call.
  • Each remote witness attests to being physically located in Wisconsin during the call.
  • The power of attorney indicates that it is being executed pursuant to Wis. Stat. § 244.05.

When a Wisconsin Limited Power of Attorney Ends

A limited power of attorney ends on the first termination event that occurs, and Wis. Stat. § 244.10 lists those events. For a limited form, the most common one is that the task is finished. The power of attorney terminates when:

  • the principal revokes it;
  • the power of attorney provides that it terminates, such as on a written date;
  • its purpose is accomplished;
  • the principal becomes incapacitated, if the power of attorney so provides;
  • the agent dies, becomes incapacitated or resigns, if the power of attorney does not provide for another agent to act.

When the Agent's Authority Ends Early

The agent's authority ends on its own when an action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides (Wis. Stat. § 244.10). The same rule applies when the domestic partnership of the principal and agent under ch. 770 is terminated, unless the power of attorney otherwise provides (Wis. Stat. § 244.10).

Telling People It Has Ended

Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney (Wis. Stat. § 244.10). A principal who revokes the document tells the agent and every bank or office that holds a copy.

The Agent's Role Under a Limited Power of Attorney

The agent accepts the appointment by acting under it: except as otherwise provided in the power of attorney, a person accepts appointment as an agent by exercising authority or performing duties as an agent, or by any other conduct indicating acceptance (Wis. Stat. § 244.13). The agent works only on the tasks the purpose lines name.

A third party may ask the agent to confirm the power of attorney is still in force. Wis. Stat. § 244.62 provides an optional agent's certification form for that, signed by the agent under penalty of perjury and acknowledged before a notary.

Frequently Asked Questions

Does a Wisconsin limited power of attorney need to be notarized?

Notarization gives the signature legal weight: under Wis. Stat. § 244.05, the signature is presumed genuine if the principal acknowledges the power of attorney before a notarial officer. The form's acknowledgment on page 3 is built for that step.

Does a Wisconsin power of attorney need witnesses?

Witnesses appear in Wis. Stat. § 244.05 for a remote signing: 2 witnesses by real-time audiovisual technology, if a Wisconsin attorney supervises and the other conditions of that section are met. A health care power of attorney is different, since Wis. Stat. § 155.10 has it signed in the presence of 2 witnesses who meet the requirements of that section.

Is a limited power of attorney durable in Wisconsin?

Yes, unless the document says otherwise: a power of attorney under chapter 244 is durable unless it expressly provides that it is terminated by the incapacity of the principal (Wis. Stat. § 244.04). The form's incapacity option is the place to say so.

How do I revoke a limited power of attorney in Wisconsin?

Revocation by the principal terminates the power of attorney under Wis. Stat. § 244.10, and the form's first termination option uses a signed written revocation. Notice matters, because the termination is not effective as to a person who acts in good faith without actual knowledge of it (Wis. Stat. § 244.10).

Does a new power of attorney cancel an older one?

No, not by itself: the execution of a power of attorney does not revoke one previously executed unless the new power of attorney provides that the previous one, or all others, are revoked (Wis. Stat. § 244.10).

Can a limited power of attorney cover health care decisions?

No. A limited power of attorney under chapter 244 deals with finances and property, and health care decisions belong in a power of attorney for health care instrument under Wis. Stat. § 155.10.

General information, not legal or tax advice.

Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.