April McCaskill, Notary Public
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What is a
Power of Attorney?
Why is a POA needed?
Power of Attorney Forms
Milwaukee, WI
What is a Power of Attorney?
Why is a Power Of Attorney needed?
How Can I Use a Power of Attorney?
It is a legal document that allows someone else to act on your behalf. This document will be used to give someone the legal authority to act for you. If you give power of attorney, you are called the principal. The person you give the power of attorney to is called the agent or attorney-in-fact.
Notaries are not attorneys and cannot practice providing legal advice, interpret documents, or recommend which forms you should choose.
However, many customers like to save money before visiting an attorney by obtaining their own forms in advance. Below is a general list of commonly used Power of Attorney (POA) forms that you may purchase from a reputable source.
A Durable Power of Attorney is a powerful and sustainable estate planning instrument. The Durable Power of Attorney is effective as soon as you (i.e., the Principal) signs the document. However, for your Agent to use it to act on your behalf, she or he must sign the Acknowledgment, which is attached to the Durable Power of Attorney document itself. One important aspect about the Durable Power of Attorney, it allows your Agent to continue making decisions on your behalf, even if you become incapacitated. This ensures that your financial, legal, and other essential matters are handled without interruption. Only ends upon the Principal’s death, revocation by the Principal, or resignation of the Agent.
Durable POAs are particularly useful for individuals planning for future incapacity, providing peace of mind that their affairs will be managed according to their wishes without the need for court involvement.
A Non-Durable Power of Attorney is designed for short-term or limited duration. It is also called a temporary POA authority. It gives your chosen agent limited authority to handle specific tasks—such as financial transactions, signing documents, or managing investments. It automatically expires when the principal becomes incapacitated, or at the completion of the specific task for which it was issued.
Consumers often use a non-durable POA for:
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Temporary travel or hospitalization
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Specific financial or business transactions
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Authorizing a broker or advisor to manage day-to-day investments
This type of POA is not intended for long-term estate planning, but it is perfect when you need trusted help with a particular responsibility.
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General Power of Attorney
A General Power of Attorney, also known as a POA is an extensive and flexible tool that grants your Agent broad powers to act on your behalf in a variety of situations. This POA encompasses both financial and medical decisions, unless otherwise specified.
It normally has a wide range of authority, a limited duration like being on vacation outside of the country; and is effective immediately after signing it.
What can the general power of attorney can be used for?
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Paying bills
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Managing bank deposits and withdrawals
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Opening and closing bank accounts
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Filing Taxes
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Collecting Retirement benefits
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Selling or renting real estate
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Buying or selling stocks
With a general power of attorney, you authorize your agent to act for you in all situations allowed by local law. This includes legal, financial, health, and business matters. General POAs can be durable or non-durable, depending on your preferences.
A general POA gives your agent considerable power over your affairs, but there are still some things they can’t do. For example, they can’t enter into a marriage on your behalf, or make changes to your last will and testament.
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Limited Power of Attorney
A Limited Power of Attorney, or Special Power of Attorney, grants your Agent authority to perform specific acts or make decisions in particular situations. Unlike a General POA, its powers are narrowly defined.
Common Applications:
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Real Estate Transactions: Authorizes your Agent to buy, or sell property on your behalf.
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Specific Business Functions: Enables your Agent to perform tasks like managing your business in your absence.
This POA is ideal for tasks that require expert handling while the Principal can not manage them due to other commitments or health reasons.
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Springing Power of Attorney
A Springing Power of Attorney only becomes active / effective when a specific event occurs; most commonly when the principal becomes incapacitated. The agent has no authority until the defined trigger “springs” the POA into action. This type of POA is “springing” because it lies dormant until certain conditions are met.
Key consumer considerations:
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Conditional authority: The POA activates only after specified conditions are met.
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Protects independence: You retain full control over your affairs until it is necessary to hand over authority.
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May require medical certification: Incapacity often must be professionally documented, medical proof.
Springing POAs offer flexibility and protection. However, they can be complex to implement, requiring careful drafting and clear definitions of incapacity to avoid delays during emergencies.
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A Medical Power of Attorney authorization also known as a Healthcare Power of Attorney, allows you to appoint someone to make medical decisions on your behalf if you become unable to communicate. This type of POA is critical for ensuring that medical treatment aligns with your preferences when you’re not able to express those preferences yourself. It also ensures someone that you trust advocates for your healthcare needs.
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Access to Medical Records: A key aspect of the Medical POA is the inclusion of Health Insurance Portability and Accountability Act (HIPPA) language, which enables your Agent to access your medical records so that they can make informed medical decisions.
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Treatment Decisions: Allows your Agent to consent to or refuse medical treatment based on your wishes.
A Healthcare POA can allow the agent to provide guidance for selecting doctors, hospitals, care facilities and end-of-life care. This POA is crucial for anyone wanting peace of mind during medical emergencies.
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A Financial Power of Attorney grants your agent the authority to manage your money, property, and financial obligations. Your agent will have the authority to act on your behalf regarding certain subject matters. You choose which powers are included, making this a customizable and practical tool for protecting your finances.
Your agent may be authorized to:
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Pay bills and household expenses
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Deposit or withdraw money from bank accounts
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Collect and manage retirement benefits
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Handle investments
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Rent, sell, or manage real estate
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File taxes on your behalf
A financial POA can be durable (continues if you become incapacitated) or non-durable (ends upon incapacity). For example, maybe you only want your agent to pay your bills or manage your property. And financial POAs can be durable or non-durable, depending on your preferences.
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A Real Estate Power of Attorney is a specialized POA that authorizes your agent to handle real estate transactions on your behalf. This form is commonly used when the owner also known as the principal cannot be physically present for property-related matters.
Your agent may be authorized to:
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Buy, sell, or transfer property
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Sign closing documents
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Manage rental properties
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Handle property taxes or mortgage matters
This type of power of attorney (POA) is especially helpful during relocations, long-distance moves, military service, or emergencies when you cannot attend a closing.
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A Vehicle or DMV Power of Attorney legally allows your chosen agent to handle matters involving your car, truck, motorcycle, or other motor vehicle. This is usually required by the DMV (or Wisconsin DOT) for certain vehicle transactions.
Your agent may be authorized to:
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Transfers or Assigns a vehicle title
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Register or Renew vehicle plates
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Handle DMV paperwork
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Sign documents on your behalf during a Sale or Purchase
This POA is extremely helpful when you cannot visit the DMV or need someone to handle vehicle paperwork legally and quickly. The DMV power of attorney normally needs to be notarized. We can be your trusted partner to get this job done.
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Once your Power of Attorney form is complete, I am happy to professionally notarize your signature, ensuring your document meets Wisconsin legal standards. A notarized POA gives you peace of mind as you move forward with your legal, medical, financial, or personal matters.
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I became a Notary Public in Milwaukee because I am passionate about helping my neighbors with important paperwork and creating peace of mind during life’s milestones. From real estate closings and loan documents to powers of attorney and business forms, I provide reliable and friendly Milwaukee notary services you can trust. My commitment is rooted in family values and community connections, and I stay balanced by enjoying time with loved ones, attending Milwaukee’s vibrant cultural festivals, and traveling to learn from different traditions. These experiences remind me that notarizations are more than signatures—they are part of life’s journey.
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