Agent Certification Form for Wisconsin Power of Attorney

What the Agent's Certification Does

When a bank or brokerage firm refuses to honor your parent's financial power of attorney, Wisconsin law gives you a tool specifically designed to break the deadlock. Under Wis. Stat. § 244.61, an agent can sign a formal certification — a sworn statement under penalty of perjury — that the principal is alive, the POA has not been revoked, and the agent's authority remains in full force.

The certification matters because it shifts liability. A third party that accepts a transaction based on a properly executed agent's certification is legally protected from claims that the agent's authority was defective. This removes the primary reason compliance departments reject POA documents: fear that accepting a possibly invalid or revoked POA will expose the institution to a lawsuit.

When You Need It

The certification is most useful when:

• A bank demands its own proprietary POA form instead of accepting the Wisconsin statutory form. Under Chapter 244, they cannot require their own form, but the agent's certification provides the additional layer of assurance that often resolves the standoff without litigation.
• The POA was executed several years ago. Banks get nervous about documents they perceive as "stale," even though Wisconsin law imposes no expiration on a durable financial POA. The certification confirms in the present tense that nothing has changed.
• A new institution has no record of the POA. When your parent's financial accounts are spread across multiple banks and you're presenting the POA for the first time at each one, the certification preempts the standard objections.

How to Complete the Certification

The certification is a written document signed by the agent (you) that includes:

1. Your identity as the agent named in the power of attorney.
2. The principal's identity (your parent's full legal name).
3. A statement that the principal is alive as of the date you sign the certification.
4. A statement that the POA has not been revoked and that your authority as agent has not been terminated.
5. A statement that you are acting within the scope of authority granted by the document.

You sign it under penalty of perjury. This is not a casual document — a false certification carries criminal consequences. But for an honest agent acting in good faith, it's straightforward.

What the Bank Must Do After Receiving It

Under Wis. Stat. § 244.20, once a financial institution receives a properly executed statutory POA along with the agent's certification, they must accept the document or provide a written explanation of the specific statutory grounds for their refusal. They cannot simply ignore it or create indefinite delays.

If the bank refuses without valid cause, the statute creates real consequences. The agent can petition the circuit court for an order compelling acceptance, and if the court finds the refusal was unreasonable, the bank may be held liable for the agent's attorney fees and any damages caused by the delay — including late fees, penalties on unpaid bills, or care costs that went uncovered because the agent couldn't access the parent's funds.

The Certification vs. the Enforcement Letter

The agent's certification under § 244.61 proves your current authority. The enforcement provisions under § 244.20 create consequences for wrongful refusal. They work best together.

When you walk into a bank with both the original POA and a completed agent's certification, most compliance departments accept the documents without further questions. If they don't, a follow-up letter citing § 244.20 and the liability provisions usually resolves it within a few business days.

The Wisconsin Power of Attorney & Guardianship Kit includes a pre-drafted bank enforcement letter and a fillable agent's certification form that follows the § 244.61 statutory requirements, so you can handle a bank rejection the same day it happens.

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