How do I get a Power of Attorney done?

Girl, her mother and grandmother sitting by table and looking at cameraA properly executed Power of Attorney can feel invaluable during difficult times, both for the party and their family. A durable Power of Attorney can make difficult decisions easier and make the path through those times feel smooth. If you’re in the dark about where to start with a Power of Attorney, though, the path to getting a Power of Attorney done can seem anything but smooth.

The smoothest way to find out how to get a durable Power of Attorney done is to visit a local experienced lawyer. Because every family and situation are unique, a lawyer can offer advice customized to your specific situation. Before you reach out, however, it’s helpful to learn the basics of a Power of Attorney you can use as you work through the process.

What is a Power of Attorney?

A Power of Attorney authorizes another party (or parties) to make decision on behalf of another person. That person can be related or non-related. There are two types of Power of Attorney that can be drafted and executed. A Power of Attorney can be executed at any time, as long as the person understands the documents they are signing.

What Power of Attorney is applicable to legal and financial matters?

When a person cannot make legal and financial decisions, the Power of Attorney for Finance and Property designates another person for those decisions. This document is not a one-size-fits-all, but rather can be customized as broad or as narrowly as the person wishes.

What Power of Attorney is applicable to health care decisions?

This Power of Attorney document, appropriately named the Declaration to Physicians, states any preferences the party may have regarding treatment or any life-saving measures they would like taken (or not taken) in the event of a medical emergency. The Power of Attorney designates a party to make decisions in those situations.  A Declaration to Physician document is useful in situations where the party is in a deteriorating mental state, permanent vegetative state, unconscious, or in a coma.

How can I get a Power of Attorney executed?

The path to a properly executed Power of Attorney starts with scheduling an appointment with a lawyer. Though a lawyer is not required for the process, an experienced lawyer can assist with drafting and executing concise and thorough legal documents specific to the situation.

The materials on this website are provided for informational purposes only and do not constitute legal advice. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as an indication of future results. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. You should not act or rely on any information contained in this website without first seeking the advice of an attorney.

When should divorce papers be served? What should I do after being served divorce papers in Wisconsin?

WI divorce agreement legal paperworkThe first step of divorce is filing for divorce. The second step, serving divorce papers, can leave you on one of two sides: the spouse responsible for serving divorce papers or the spouse being served divorce papers. We’ve assisted spouses on both sides of the situation; that’s why we’ve put together these tips for anyone dealing with divorce papers in Wisconsin (the specifics can change from state to state and time to time, so be sure to contact a local attorney for advice applicable to your situation).

When should divorce papers be served?

When a divorce is filed, divorce papers (the Summons and Petition for Divorce) should be served to a spouse within 90 days. If needed, the judge can grant an extension (this decision is up the court and can be denied as well).

What should I do after being served divorce papers in Wisconsin?

Even if a divorce is not wanted, the spouse who is served divorce papers must respond within 20 days. The Response and Counterclaim should be filed in court, with copies sent to the spouse and the spouse’s lawyer. If the divorce is wanted, the spouse served papers should file a counterclaim.

In Wisconsin, a divorce does not need to be agreed upon by both spouses to be granted. Because this is a no-fault state, a divorce can be granted if the court deems the marriage is irretrievably broken.

One or both spouses does not need to retain a lawyer to proceed. It is advised that a spouse meet with a lawyer to decide which option (lawyer or no lawyer) is best for their specific situation. A lawyer can also list other alternate divorce options other than a traditional litigation divorce. Depending on the situation, a mediation or collaborative divorce may cost less and be best for the situation. If the spouse is considering a mediation or collaborative divorce, choose a lawyer who offers these alternate divorce options.

The materials on this website are provided for informational purposes only and do not constitute legal advice. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as an indication of future results. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. You should not act or rely on any information contained in this website without first seeking the advice of an attorney.