Unless the power of attorney provides a different method for an agent’s resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated, to any of the following:

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Terms Used In Wisconsin Statutes 244.18

  • Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
   (1)   To the guardian, if one has been appointed for the principal, and a coagent or successor agent.
   (2)   If there is no person described in sub. (1), to any of the following:
      (a)    The principal’s caregiver.
      (b)    Another person reasonably believed by the agent to have sufficient interest in the principal’s welfare.
      (c)    A governmental agency having regulatory authority to protect the welfare of the principal.