Power of Attorney Acceptance and Refusal Rules in Wisconsin

At a glance

Requirements one by one

Presentation and the first response

For the acceptance and refusal provisions, an acknowledged power is one acknowledged before a notarial officer authorized under ch. 140 (Wis. Stat. § 244.19(1)). Section 244.20(1) permits a good-faith refusal within ten business days of presentment for its stated reasons. It does not separately say that every recipient must accept within ten business days when it makes no supporting request.

Requests and later response

A person asked to accept may request an agent’s certification under penalty of perjury about a factual matter, an English translation if the document uses another language, or a counsel opinion on a legal matter if the request states its reason in a writing or other record (§ 244.19(4)). The principal pays for a requested translation or opinion (§ 244.19(5)). A pending request that has not been satisfied is not itself a refusal (§ 244.20(4)(b)).

After the requested certification, translation or opinion arrives, the person must accept within five business days unless another good-faith refusal ground remains (§ 244.20(3)). No general written refusal notice is prescribed in § 244.20.

Refusal and court consequence

The listed good-faith refusal reasons include no underlying duty to transact, conflict with federal or state law, actual knowledge of termination, refusal to supply permitted proof, concerns about validity, agent authority or identity, a good-faith abuse report, a filed construction or agent-conduct action, missing evidence of a springing event, or another reasonable belief of illegality or unenforceability (§ 244.20(1)). The document’s age alone and a mandate for another form are insufficient grounds (§ 244.20(2)).

For a refusal violating § 244.20, the person seeking acceptance may ask a court to order acceptance and payment of reasonable attorney fees and costs. A court may instead award reasonable fees and costs to the prevailing party if the enforcement proceeding was brought other than in good faith (§ 244.20(5)-(6)).

What trips people up

A request for a different form is permitted if the recipient does not require the different form; requiring it as the exclusive form is a prohibited reason to refuse (§ 244.20(2)(b), (4)(a)). Also, Chapter 244 does not override conflicting law that applies to financial institutions or insurers (§ 244.21).

Common questions

Can the person refuse because the power is old? Not if its date alone is the reason (§ 244.20(2)(a)).

Does an abuse concern allow refusal? Subsection (1)(f) addresses a report made to the designated adult-at-risk or elder-adult-at-risk agency or law enforcement, based on a good-faith belief of specified abuse, neglect, exploitation or abandonment. The statute’s report condition matters.

Statutes and sources

The quoted provisions below are from the Legislature’s current certified Chapter 244, accessed October 4, 2026.

Wis. Stat. § 244.19. “(1) For purposes of this section and s. 244.20, “acknowledged” means the taking of an acknowledgment before a notarial officer authorized to take acknowledgements under ch. 140.” Official statute (accessed October 4, 2026).

Wis. Stat. § 244.19. “(4) A person who is asked to accept an acknowledged power of attorney may request and rely upon, without further investigation, all of the following: (a) An agent’s certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney. (b) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English. (c) An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request. (5) An English translation or an opinion of counsel requested under this section must be provided at the principal’s expense.” Official statute (accessed October 4, 2026).

Wis. Stat. § 244.20. “(1) A person may, in good faith, refuse to accept an acknowledged power of attorney within 10 business days of presentment if any of the following applies: (a) The person is not otherwise required to engage in a transaction with the principal in the same circumstances. (b) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal or state law. (c) The person has actual knowledge of the termination of the agent’s authority or of the power of attorney before exercise of the power of attorney. (d) A request for a certification, a translation, or an opinion of counsel under s. 244.19 (4) is refused. (e) The person believes that the power of attorney is not valid, that the agent does not have the authority to perform the act requested, or that the person presenting the power of attorney is not the agent named in the power of attorney, whether or not a certification, a translation, or an opinion of counsel under s. 244.19 (4) has been requested or provided. (f) The person makes, or has actual knowledge that another person has made, a report to the designated adult at risk or elder adult at risk agency, or to a law enforcement agency, stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent. (g) The person brought, or has actual knowledge that another person has brought, an action under s. 244.16 for construction of a power of attorney or review of the agent’s conduct. (h) The power of attorney becomes effective upon the occurrence of an event or contingency, and neither a certification nor evidence of the occurrence of the event or contingency is presented to the person being asked to accept the power of attorney. (i) The person has any other reasonable belief that the power of attorney is illegal or unenforceable and should be refused.” Official statute (accessed October 4, 2026).

Wis. Stat. § 244.20. “(2) A person may not refuse to accept an acknowledged power of attorney if any of the following applies: (a) The person’s reason for refusal is based exclusively on the date the power of attorney was executed. (b) The person’s reason for refusal is based exclusively on a mandate that an additional or different power of attorney form must be used. (c) The person has no good faith basis for refusal under sub. (1). (3) If a person requests a certification, a translation, or an opinion of counsel under s. 244.19 (4), the person shall accept the power of attorney no later than 5 business days after receipt of the certification, translation, or opinion of counsel, provided that there is no other good faith reason to refuse under sub. (1).” Official statute (accessed October 4, 2026).

Wis. Stat. § 244.20. “(4) It is not a refusal to accept an acknowledged power of attorney if any of the following applies: (a) The person requests but does not require that an additional or different power of attorney form be used. (b) The person has requested but has not received a certification, a translation, or an opinion of counsel under s. 244.19 (4). (5) If a person refuses to accept an acknowledged power of attorney in violation of this section, the person requesting the acceptance may request that a court order all of the following: (a) Acceptance of the power of attorney. (b) In any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney, payment of reasonable attorney fees, notwithstanding s. 814.04 (1), and costs by the person who refuses to accept the power of attorney. (6) If a court determines that a proceeding to mandate acceptance of an acknowledged power of attorney was brought other than in good faith, the court may award reasonable attorney fees and costs to the prevailing party.” Official statute (accessed October 4, 2026).

Wis. Stat. § 244.21. “This chapter does not supersede any other law applicable to financial institutions or insurance companies, and the other law controls if in conflict with this chapter.” Official statute (accessed October 4, 2026).