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Durable power of attorney

A durable power of attorney is a power of attorney with one extra promise: it keeps working if you lose the ability to make decisions. The word durable is doing real work. Without it, the authority usually ends at the moment you need it most, and your family has to go to court for a guardianship or conservatorship.

This builder writes a financial durable power of attorney. It covers money, accounts, property and business errands, not medical decisions. For health care, use the medical power of attorney, which hospitals and clinics expect to see as a separate document.

Written by Nora Whitfield, editorial lead. State rules checked by Samuel Okafor, rules editor, on October 20, 2026.

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Filled sample, Wisconsin

Durable power of attorney

STATE OF WISCONSIN

I, Eleanor M. Brooks, of 301 Lake Street, Madison, WI 53703, appoint Thomas A. Brooks, of 62 Birchwood Drive, Middleton, WI 53562, as my agent (attorney-in-fact). If my agent cannot or will not serve, I appoint Nora J. Brooks, of 14 Elm Court, Sun Prairie, WI 53590, as my alternate agent. This durable power of attorney is governed by the laws of the State of Wisconsin and takes effect on November 2, 2026.

1. Durability

This power of attorney is durable. It is not affected by my later disability, incapacity or incompetence, and it continues until my death unless I revoke it or the end date below passes. A person may rely on this document without asking whether I am currently able to act for myself.

2. Banking and financial powers

My agent may open, close, deposit to and withdraw from accounts in my name, endorse checks, sign account documents, obtain statements, and deal with financial institutions about my accounts. My agent must keep my funds in accounts titled in my name and may not commingle them with the agent's own funds.

3. Real estate powers

My agent may manage, lease, repair and insure real property I own, pay property taxes, deal with a lender or title company, and sign documents needed to keep the property in good standing. My agent may not sell or mortgage my primary residence unless this document expressly says so.

4. Tax powers

My agent may prepare, sign and file tax returns, receive tax notices, and represent me in routine matters before federal, state and local tax authorities. My agent may not waive a refund or settle a tax dispute without my prior written consent.

5. Personal and household powers

My agent may deal with utilities, insurers, service providers and household accounts in my name, and may take ordinary steps to keep my household running.

6. No gift authority

My agent may not make gifts of my property, may not create an interest in my property for the agent, and may not use my property for the agent's own benefit. This restriction applies even if the agent is a family member.

7. Specific powers and limits

The following specific powers and limits apply: May manage the rental property at 12 Grove Street, including collecting rent, arranging repairs and paying the property tax. May not sell or mortgage that property..

8. Agent's duties

My agent must act in my interest, keep my property separate from the agent's property, keep reasonable records, and use the authority only for the purposes in this document. My agent must provide an accounting to my successor or to my estate when asked.

9. End of authority

This authority ends on ________________________, on my death, or on the date I sign a written revocation. If the end date is blank, the authority ends only on my death or revocation.

10. Reliance and revocation

A third party may rely on a signed and notarized copy of this document. I revoke all earlier financial powers of attorney. To revoke this one, I will sign a dated written revocation and give copies to my agent and to each institution that has received this document.

11. Governing law

The laws of the State of Wisconsin govern this durable power of attorney. If any part is unenforceable, the rest remains in effect.

Principal

Principal

Signature

Printed name: Eleanor M. Brooks

Date

Notary public signature

My commission expires

Agent acceptance

Agent

Signature

Printed name: Thomas A. Brooks

Date

Signing requirements: Wisconsin: A notary acknowledgment is required. No witnesses are required.

Source: Wis. Stat. § 244.05.

Generated from a PaperDeed template. PaperDeed is not a law firm and this is not legal advice. Template review date: October 20, 2026.

Example answers, not advice. The builder replaces them with yours.

Full sample below

Use this form when

  • Planning ahead for a time when illness or injury may leave you unable to handle bills or accounts.
  • Giving a spouse or adult child authority to keep a household and its finances running.
  • Letting a trusted agent manage a small business if you are unavailable for a long period.
  • Handling property or tax matters during a long hospital stay or recovery.

Have this ready

  • The principal's full legal name and address.
  • The agent's full name and address, plus an alternate if you want one.
  • A clear list of the powers you want, and the acts you want to forbid.
  • Any state statutory form language your state requires. California, Florida, New York and Texas all publish forms or mandatory notices.
  • The state where banks and agencies will see the document, not only where you live.

Build the durable power of attorney

The preview updates as you type. Your work is saved automatically.

This changes the signing block and the rule citations.

Step 1 of 3

Principal and agent

Choose someone who can handle money carefully and who will still be reachable when you are not. Name an alternate.

Download this durable power of attorney

PDF for printing and signing. DOCX so you can edit it in Word or Google Docs. This form is included for every state.

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What the form includes

Durable appointment

Language that keeps the authority in effect if the principal becomes incapacitated.

Financial powers

Banking, real estate, tax, business and personal affairs, each switchable on or off.

Limits

A written list of what the agent may not do, including gifts and self-dealing unless expressly allowed.

Effective date

Immediate authority or authority that starts only on a stated event, if your state allows it.

Agent duties

Record keeping, separate property, and acting in the principal's interest.

Signing block

Notary and witness lines required by the state, with the citation shown.

After you sign

Store the original where someone can find it

A durable power of attorney is useless if nobody can locate it when it is needed. Tell your agent where the original is, and give copies to the banks or agencies that may have to accept it.

Register it only where the state does

Some states keep a registry for advance directives and powers of attorney. Registration is optional in most places and can help a hospital or agency find the document. Ask your state's office what it offers.

Review it after major changes

A marriage, divorce, death, move to another state or a falling out with the agent should trigger a review. Sign a new document and revoke the old one rather than editing by hand.

Consider a medical document too

A financial durable power of attorney does not authorize health care decisions. Use a medical power of attorney or advance directive for treatment choices, and tell your agent where both documents are kept.

Signing rules for this form

The builder shows the rule for every state and adds the right signature block. These state guides go deeper on the four biggest searches.

WINotary requiredRules cited

Wisconsin: A notary acknowledgment is required. No witnesses are required.

Wis. Stat. § 244.05 (opens the official source in a new tab)

Detailed state guides are not published for this form yet. The builder still applies the signing rule for all 50 states and DC, with a citation to the statute or state form for each one.

Rules reviewed October 20, 2026. Every rule names its statute or state form, and the citation links to the official text where the state publishes it online.

Questions people ask

When does a durable power of attorney take effect?

Most are effective as soon as they are signed and notarized. Some states allow a springing power that starts only when a doctor certifies incapacity. A springing document is harder for a bank to accept, so many families choose immediate authority with a trusted agent.

Does durable mean the agent can override my wishes?

No. The agent must act in your interest and within the powers you gave. Durability affects when the document ends, not how much power the agent has. Write limits and name someone who will follow them.

What happens if I do not have one and become incapacitated?

Your family may have to ask a court to appoint a guardian or conservator. That takes time, costs money and puts the decision in a judge's hands. A durable power of attorney is the usual way to avoid that.

Does a durable power of attorney need witnesses?

It depends on the state. Florida and New York require two witnesses along with a notary. Texas and many others require a notary. The builder shows the exact rule and adds the right lines to the document.

Can I revoke a durable power of attorney?

Yes, while you have capacity. Sign a written revocation, tell your agent, and give a copy to every institution that has seen the document. If the document was recorded, record the revocation too.

Related documents and guides

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Medical power of attorney

Name someone to make health care decisions with a medical power of attorney. State witness and notary rules cited. Preview free, download PDF and DOCX.

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Living will (advance directive)

Write a living will that states your wishes for end-of-life treatment. State witness and notary rules cited. Preview free, then download PDF and DOCX.

Before you use this document

PaperDeed is not a law firm and does not provide legal advice. We provide self-help templates and general information about signing rules. If you are unsure whether a document fits your situation, talk to a licensed attorney in your state.

Every signing rule above names its statute or state form, and links to the official text where the state publishes it online. Rules updated October 20, 2026.

PaperDeed is a self-help service. Templates and state rules were reviewed on October 20, 2026. 5 background guides are available if you want the explanation behind the form.