What is a durable power of attorney?
A durable power of attorney (DPOA) is a legal document that grants another person (called an attorney-in-fact, or agent) the authority to make decisions on behalf of someone else (the principal). In Wisconsin, a DPOA can be used to manage financial and legal matters if the principal is incapacitated or unable to handle them on their own, or if the principal wishes to appoint someone to handle these matters even if they are still capable of doing so. A DPOA will specify what powers the attorney-in-fact will have. In most cases, the person appointed can handle a range of activities, such as managing bank accounts, paying bills, signing documents, and filing taxes. A DPOA is a very important document in probate law, since it sets out the responsibilities of a person appointed to be an attorney-in-fact. If the principal passes away and does not have a valid DPOA in place, the court has the authority to appoint an administrator, which can be time-consuming and costly. To be legally valid, a DPOA must be signed in the presence of two witnesses and a Notary Public. It is also important to update the document regularly, as the law and circumstances can change over time. Additionally, the principal should choose an attorney-in-fact that they trust to act in their best interests and with honesty.
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