A Wisconsin power of attorney revocation is a legal instrument that nullifies a previously granted power of attorney agreement. Whether the agreement specifies a termination date or defines durability beyond the principal’s capacity, this form enables the revocation of delegated authority at the principal’s demand.
It applies to various POAs, whether the original document granted childcare, healthcare, or financial decision-making authority. To execute the revocation, the principal must sign the document before a notary public, ensuring its legal validity.
The principal should promptly inform all relevant parties, including agents and third-party entities like insurance companies or banks. Alerting agents and other relevant parties is imperative to prevent them from performing unauthorized actions.
Legal Considerations
Statute – Uniform Power of Attorney for Finances and Property (§§ 244-01 – 244-64).
Definitions – § 244-02.
Signing Requirements – § 244-05 – State law does not specify any requirements for revoking a power of attorney, but it is best to have your signature notarized.
Revocation and Termination
Termination
The document terminates in any of the following instances (§ 244-10):
- The POA accomplishes its purpose, or it provides that it terminates.
- The principal revokes it.
- The principal dies.
- The principal develops an incapacity (if the POA provides so).
- The principal revokes the agent’s authority.
- The agent resigns, dies, or becomes incapacitated, and the POA doesn’t name another agent to act on the principal’s behalf.
The agent’s authority terminates in these scenarios:
- The agent resigns, dies, or becomes incapacitated.
- The principal revokes the authority.
- The POA terminates.
- The agent or principal (if they’re married) files for the annulment or dissolution of their marriage.
- The agent or principal files for legal separation.
- The principal or agent terminates their domestic partnership (defined under ch. 770).
Revocation
The principal can revoke all former documents by creating a new POA and stating their intent to do so in this new document. § 244-10(6) clarifies that a new POA doesn’t automatically revoke an old one unless the new one includes an explicit statement, so please be mindful of your wording.
While this revocation process can be effective, the preferred method is to draft a separate revocation form and sign it before a notary.
The principal should notify all third parties and the agent to ensure their revocation is valid and recognized.
Fees
- Notary: Please expect to pay anywhere between $1 and $5 for notary services. Notary publics in the state may not charge more than $5 per signature (§ 140-02(9)).
- Recording: Recording fees differ between counties, but you may pay between $30 and $50. If you recorded the original POA in your county’s Register of Deeds Office, you must record your revocation there as well.
Resources
- Wisconsin State Law Library – Offers links to legal aid resources and offices by county.
- Wisconsin Access to Justice Commission – Provides free online legal assistance for any civil matter.
- Judicare – Offers legal services to Native Americans across the state and low-income individuals living in the northern part of the state.
Related Forms
Durable Power of Attorney
Signing Requirements: Notary public.
Minor (Child) Power of Attorney
Signing Requirements: Notary public and an optional witness.
Medical Power of Attorney
Signing Requirements: Two witnesses.
