Date of enactment: May 12, 2010
2009 Assembly Bill 704 Date of publication*: May 26, 2010
* Section 991.11, Wisconsin Statutes 2007-08 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2009 WISCONSIN ACT 319
An Act to repeal 243.07 and 243.10; to amend 46.90 (1) (eg) 3., 50.06 (5) (b), 54.01 (9), 54.01 (17) (a) 4., 54.01 (17) (b) 4., 54.10 (3) (c) 3., 54.40 (4) (d) 1., 54.46 (3) (a) 4., 54.63 (1) (b) 4., 55.075 (4) (a) 4., 155.70 (4) (a), 180.0722 (2) (a), 221.0519 (2) and 854.08 (5) (a); and to create chapter 244 of the statutes; relating to: uniform power of attorney for finances and property.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
319,1 Section 1. 46.90 (1) (eg) 3. of the statutes is amended to read:
46.90 (1) (eg) 3. An agent under a power of attorney under ch. 243 244.
319,2 Section 2. 50.06 (5) (b) of the statutes is amended to read:
50.06 (5) (b) An individual who consents to an admission under this section may not authorize expenditures related to health care if the incapacitated individual has an agent under a durable power of attorney, as defined in s. 243.07 (1) (a) 244.02 (3), who may authorize expenditures related to health care.
319,3 Section 3. 54.01 (9) of the statutes is amended to read:
54.01 (9) "Durable power of attorney" has the meaning given in s. 243.07 (1) (a) 244.02 (3).
319,4 Section 4. 54.01 (17) (a) 4. of the statutes is amended to read:
54.01 (17) (a) 4. Any individual who is nominated as guardian, any individual who is appointed to act as guardian or fiduciary for the proposed ward by a court of any state, any trustee for a trust established by or for the proposed ward, any person appointed as agent under a power of attorney for health care, as defined in s. 155.01 (4), or any person appointed as agent under a durable power of attorney under ch. 243 244.
319,5 Section 5. 54.01 (17) (b) 4. of the statutes is amended to read:
54.01 (17) (b) 4. Any person appointed as agent under a durable power of attorney under ch. 243 244, unless the agency is revoked or terminated by a court.
319,6 Section 6. 54.10 (3) (c) 3. of the statutes is amended to read:
54.10 (3) (c) 3. Whether the proposed ward has engaged in any advance planning for financial and health care decision making that would avoid guardianship, including by executing a durable power of attorney under ch. 243 244, a power of attorney for health care, as defined in s. 155.01 (10), a trust, or a jointly held account.
319,7 Section 7. 54.40 (4) (d) 1. of the statutes is amended to read:
54.40 (4) (d) 1. Review any power of attorney for health care under ch. 155, any durable power of attorney under ch. 243 244 executed by the proposed ward, and any other advance planning for financial and health care decision making in which the proposed ward had engaged.
319,8 Section 8. 54.46 (3) (a) 4. of the statutes is amended to read:
54.46 (3) (a) 4. Whether the ward had executed a durable power of attorney under s. 243.07 ch. 244 or a power of attorney for health care under s. 155.05 or had engaged in other advance planning for financial and health care decision making.
319,9 Section 9. 54.63 (1) (b) 4. of the statutes is amended to read:
54.63 (1) (b) 4. The agent under the ward's power of attorney for health care under ch. 155, if any, and the agent under the ward's durable power of attorney under ch. 243 244, if any.
319,10 Section 10. 55.075 (4) (a) 4. of the statutes is amended to read:
55.075 (4) (a) 4. Whether the individual sought to be protectively placed or protectively served had executed a durable power of attorney for finances and property under s. 243.07 ch. 244 or a power of attorney for health care under s. 155.05 or had provided advance consent to nursing home admission or engaged in other advance planning to avoid protective placement or protective services.
319,11 Section 11. 155.70 (4) (a) of the statutes is amended to read:
155.70 (4) (a) Nothing in this chapter may be construed to render invalid a durable power of attorney that is executed under s. 243.07, 2007 stats., prior to April 28, 1990.
319,12 Section 12. 180.0722 (2) (a) of the statutes is amended to read:
180.0722 (2) (a) A shareholder entitled to vote at a meeting of shareholders, or to express consent or dissent in writing to any corporate action without a meeting of shareholders, may authorize another person to act for the shareholder by appointing the person as proxy. An appointment of a proxy may be in durable form as provided in s. 243.07 ch. 244.
319,13 Section 13. 221.0519 (2) of the statutes is amended to read:
221.0519 (2) Method of appointing a proxy. A shareholder may appoint a proxy to vote or otherwise act for the shareholder by signing an appointment form, either personally or by his or her attorney-in-fact. An appointment of a proxy may be in durable form as provided in s. 243.07 244.04.
319,14 Section 14. 243.07 of the statutes is repealed.
319,15 Section 15. 243.10 of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.
319,16 Section 16. Chapter 244 of the statutes is created to read:
Chapter 244
Uniform power of attorney
For finances and property
Subchapter I
General provisions
244.01 Short title. This chapter may be cited as the Uniform Power of Attorney for Finances and Property Act.
244.02 Definitions. In this chapter:
(1) "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise.
(2) "Domestic partner" has the meaning given in s. 770.01 (1).
(3) "Durable power of attorney" means a power of attorney that is not terminated by the principal's incapacity.
(4) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(5) "Genuine" means free of forgery or counterfeiting.
(6) "Good faith" means honesty in fact.
(7) "Incapacity" means inability of an individual to manage property, finances, or business affairs because the individual meets one of the following criteria:
(a) Has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance.
(b) Is missing.
(c) Is detained, including incarceration in a correctional facility.
(d) Is outside the United States and unable to return.
(8) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(9) "Power of attorney" means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.
(10) "Presently exercisable general power of appointment," with respect to property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal's estate, the principal's creditors, or the creditors of the principal's estate. The term does not include a power exercisable in a fiduciary capacity or only by will. The term includes a power of appointment that is exercisable only when one of the following circumstances exists:
(a) The occurrence of a specified event.
(b) The satisfaction of an ascertainable standard.
(c) The passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period.
(11) "Principal" means an individual who grants authority to an agent in a power of attorney.
(12) "Property" means anything that may be the subject of ownership, including real or personal property, or any interest or right in that property.
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