Power of Attorney and Health Care – General – Wisconsin

Under Wisconsin Statute Section 244.04 a power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.

A power of attorney terminates when any of the following occurs:

(a) The principal dies.

(b) The principal becomes incapacitated, if the power of attorney so provides.

(c) The principal revokes the power of attorney.

(d) The power of attorney provides that it terminates.

(e) The purpose of the power of attorney is accomplished.

(f) The principal revokes the agent’s authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.

Furthermore, an agent’s authority terminates when any of the following occurs:

(a) The principal revokes the authority.

(b) The agent dies, becomes incapacitated, or resigns.

(c) 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.

(d) The power of attorney terminates.

(e) The domestic partnership of the principal and agent under ch. 770 is terminated unless the power of attorney otherwise provides.

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. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.

Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.

(6) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.

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