Yes. The existence of a valid Health Care Power of Attorney (HCPOA) does not prevent the filing of a guardianship petition or the appointment of a guardian, but it significantly affects the court’s analysis because Wisconsin law favors less restrictive alternatives when sufficient.
A court may determine that an...
In Wisconsin, an agent acting under a power of attorney, whether a financial power of attorney under Chapter 244 or a health care power of attorney under Chapter 155, is not automatically liable for decisions made in good faith within the scope of the authority granted, but an agent can be held...
Yes. Under Wisconsin law, a health care power of attorney is generally revocable at any time by the principal, so long as the principal has the capacity to revoke it. Wisconsin recognizes several methods of revocation: canceling, defacing, obliterating, burning, tearing, or otherwise destroying the document with the intent to revoke it;...
Yes. Although a Wisconsin health care agent generally has broad authority to make health care decisions for an incapacitated principal, Chapter 155 imposes several important limitations on that authority.
The principal’s expressed wishes control, and the agent must act in good faith and consistently with the instructions in the...
In Wisconsin, any individual who is at least 18 years old and of sound mind may execute (sign) a Health Care Power of Attorney, provided they do so voluntarily, and a person who has been adjudicated incompetent and has a guardian of the person appointed is presumed not to be of sound...
In Wisconsin, a probate bond (also called a fiduciary bond) is a surety bond required from a Personal Representative (PR) to protect the estate, beneficiaries, and creditors against loss caused by mismanagement, fraud, or misconduct. It is a financial guarantee that the PR will properly perform their duties; if they do not,...
A Transfer by Affidavit in Wisconsin is a small‑estate procedure that lets certain assets be collected and transferred without opening a formal probate case. It works by allowing an eligible person—such as an heir, a trustee, or someone named as personal representative in a will—to use a sworn statement to collect money...
In Wisconsin, a Personal Representative (PR) is not always required to file a formal, court‑filed final accounting in every probate. In informal probate, a full accounting is often not automatically required; however, the PR must keep accurate records, provide accounting information if requested by interested persons, and be ready to produce a...
Yes. In Wisconsin, a surviving spouse generally retains their own one‑half interest in marital property at the other spouse’s death. Wisconsin is a marital property state in which each spouse is generally considered to own an undivided 50% interest in marital assets during the marriage; that ownership structure does not change at...
Yes. In Wisconsin, a Personal Representative (PR) generally has statutory authority to sell estate real property, but whether prior court approval is required depends on the type of administration and the terms of the will. Under Wisconsin Statutes § 857.03, a PR may sell, manage, lease, or otherwise transfer estate property as...
