SB715-SSA1,8,44 This document prepared by: ....
SB715-SSA1,8,55 IMPORTANT INFORMATION FOR AGENT
SB715-SSA1,8,66 AGENT'S DUTIES
SB715-SSA1,8,127 WHEN YOU ACCEPT THE AUTHORITY GRANTED UNDER THIS POWER
8OF ATTORNEY, A SPECIAL LEGAL RELATIONSHIP IS CREATED BETWEEN
9YOU AND THE PRINCIPAL. THIS RELATIONSHIP IMPOSES UPON YOU
10LEGAL DUTIES THAT CONTINUE UNTIL YOU RESIGN OR THE POWER OF
11ATTORNEY IS TERMINATED OR REVOKED. YOU MUST DO ALL OF THE
12FOLLOWING:
SB715-SSA1,8,1513 (1) DO WHAT YOU KNOW THE PRINCIPAL REASONABLY EXPECTS YOU
14TO DO WITH THE PRINCIPAL'S PROPERTY OR, IF YOU DO NOT KNOW THE
15PRINCIPAL'S EXPECTATIONS, ACT IN THE PRINCIPAL'S BEST INTEREST.
SB715-SSA1,8,1616 (2) ACT IN GOOD FAITH.
SB715-SSA1,8,1817 (3) DO NOTHING BEYOND THE AUTHORITY GRANTED IN THIS POWER
18OF ATTORNEY.
SB715-SSA1,8,2219 (4) DISCLOSE YOUR IDENTITY AS AN AGENT WHENEVER YOU ACT
20FOR THE PRINCIPAL BY WRITING OR PRINTING THE NAME OF THE
21PRINCIPAL AND SIGNING YOUR OWN NAME AS "AGENT" IN THE
22FOLLOWING MANNER:
SB715-SSA1,8,2323 .... (principal's name) by .... (your signature) as agent
SB715-SSA1,8,2524 UNLESS THE SPECIAL INSTRUCTIONS IN THIS POWER OF ATTORNEY
25STATE OTHERWISE, YOU MUST ALSO DO ALL OF THE FOLLOWING:
SB715-SSA1,9,1
1(1) ACT LOYALLY FOR THE PRINCIPAL'S BENEFIT.
SB715-SSA1,9,32 (2) AVOID CONFLICTS THAT WOULD IMPAIR YOUR ABILITY TO ACT IN
3THE PRINCIPAL'S BEST INTEREST.
SB715-SSA1,9,44 (3) ACT WITH CARE, COMPETENCE, AND DILIGENCE.
SB715-SSA1,9,65 (4) KEEP A RECORD OF ALL RECEIPTS, DISBURSEMENTS, AND
6TRANSACTIONS MADE ON BEHALF OF THE PRINCIPAL.
SB715-SSA1,9,107 (5) COOPERATE WITH ANY PERSON THAT HAS AUTHORITY TO MAKE
8HEALTH-CARE DECISIONS FOR THE PRINCIPAL TO DO WHAT YOU KNOW
9THE PRINCIPAL REASONABLY EXPECTS OR, IF YOU DO NOT KNOW THE
10PRINCIPAL'S EXPECTATIONS, TO ACT IN THE PRINCIPAL'S BEST INTEREST.
SB715-SSA1,9,1311 (6) ATTEMPT TO PRESERVE THE PRINCIPAL'S ESTATE PLAN IF YOU
12KNOW THE PLAN AND PRESERVING THE PLAN IS CONSISTENT WITH THE
13PRINCIPAL'S BEST INTEREST.
SB715-SSA1,9,1414 TERMINATION OF AGENT'S AUTHORITY
SB715-SSA1,9,1915 YOU MUST STOP ACTING ON BEHALF OF THE PRINCIPAL IF YOU
16LEARN OF ANY EVENT THAT TERMINATES THIS POWER OF ATTORNEY OR
17YOUR AUTHORITY UNDER THIS POWER OF ATTORNEY. EVENTS THAT
18TERMINATE A POWER OF ATTORNEY OR YOUR AUTHORITY TO ACT UNDER
19A POWER OF ATTORNEY INCLUDE ALL OF THE FOLLOWING:
SB715-SSA1,9,2020 (1) DEATH OF THE PRINCIPAL.
SB715-SSA1,9,2221 (2) THE PRINCIPAL'S REVOCATION OF THE POWER OF ATTORNEY OR
22YOUR AUTHORITY.
SB715-SSA1,9,2423 (3) THE OCCURRENCE OF A TERMINATION EVENT STATED IN THE
24POWER OF ATTORNEY.
SB715-SSA1,10,2
1(4) THE PURPOSE OF THE POWER OF ATTORNEY IS FULLY
2ACCOMPLISHED.
SB715-SSA1,10,73 (5) IF YOU ARE MARRIED TO THE PRINCIPAL, A LEGAL ACTION IS
4FILED WITH A COURT TO END YOUR MARRIAGE, OR FOR YOUR LEGAL
5SEPARATION, UNLESS THE SPECIAL INSTRUCTIONS IN THIS POWER OF
6ATTORNEY STATE THAT SUCH AN ACTION WILL NOT TERMINATE YOUR
7AUTHORITY.
SB715-SSA1,10,118 (6) IF YOU ARE THE PRINCIPAL'S DOMESTIC PARTNER AND YOUR
9DOMESTIC PARTNERSHIP IS TERMINATED, UNLESS THE SPECIAL
10INSTRUCTIONS IN THIS POWER OF ATTORNEY STATE THAT SUCH AN
11ACTION WILL NOT TERMINATE YOUR AUTHORITY.
SB715-SSA1,10,1212 LIABILITY OF AGENT
SB715-SSA1,10,1913 THE MEANING OF THE AUTHORITY GRANTED TO YOU IS DEFINED IN
14THE UNIFORM POWER OF ATTORNEY FOR FINANCES AND PROPERTY ACT
15IN CHAPTER 244 OF THE WISCONSIN STATUTES. IF YOU VIOLATE THE
16UNIFORM POWER OF ATTORNEY FOR FINANCES AND PROPERTY ACT IN
17CHAPTER 244 OF THE WISCONSIN STATUTES OR ACT OUTSIDE THE
18AUTHORITY GRANTED, YOU MAY BE LIABLE FOR ANY DAMAGES CAUSED
19BY YOUR VIOLATION.
SB715-SSA1,10,2120 IF THERE IS ANYTHING ABOUT THIS DOCUMENT OR YOUR DUTIES
21THAT YOU DO NOT UNDERSTAND, YOU SHOULD SEEK LEGAL ADVICE.
SB715-SSA1,10,2222 OPTIONAL SIGNATURE OF AGENT
SB715-SSA1,10,2423 I HAVE READ AND ACCEPT THE DUTIES AND LIABILITIES OF THE
24AGENT AS SPECIFIED IN THIS POWER OF ATTORNEY.
SB715-SSA1,10,2525 Agent's signature ....   Date ....
SB715-SSA1,11,1
1(APPENDIX FOLLOWS)
SB715-SSA1,8 2Section 8. 701.0103 (20) of the statutes is amended to read:
SB715-SSA1,11,53 701.0103 (20) "Property" means anything that may be the subject of
4ownership, whether real or personal or, legal or equitable, or digital property, as
5defined in s. 711.03 (10)
, or any interest therein.
SB715-SSA1,9 6Section 9. 701.0419 (2) of the statutes is amended to read:
SB715-SSA1,11,157 701.0419 (2) Governing terms. Property transferred or appointed by a will or
8by a beneficiary designation under an employee benefit plan, life insurance policy,
9or online tool, as defined in s. 711.03 (18), or other instrument permitting designation
10of a beneficiary to a trust, shall be administered in accordance with the terms of the
11trust as the terms of the trust may have been modified prior to the testator's or
12designator's death, even though the will, beneficiary designation, online tool, or
13other instrument was not reexecuted or republished after exercise of the power to
14modify, unless the will, beneficiary designation, online tool, or other instrument
15expressly provides otherwise.
SB715-SSA1,10 16Section 10. 701.0816 (28) of the statutes is created to read:
SB715-SSA1,11,1717 701.0816 (28) Obtain digital property, as provided under s. 711.07.
SB715-SSA1,11 18Section 11. 705.10 (1) (intro.) of the statutes is amended to read:
SB715-SSA1,11,2519 705.10 (1) (intro.) A provision for a nonprobate transfer on death in an
20insurance policy, contract of employment, bond, mortgage, promissory note,
21certificated or uncertificated security, account agreement, custodial agreement,
22deposit agreement, compensation plan, pension plan, individual retirement plan,
23employee benefit plan, trust, conveyance, online tool, as defined in s. 711.03 (18),
24deed of gift, marital property agreement, or other written instrument of a similar
25nature is nontestamentary. This subsection governs a written provision that:
SB715-SSA1,12
1Section 12. Chapter 711 of the statutes is created to read:
SB715-SSA1,12,22 Chapter 711
SB715-SSA1,12,33 Digital Property
SB715-SSA1,12,5 4711.01 Short title. This chapter may be cited as the Wisconsin Digital
5Property Act.
SB715-SSA1,12,7 6711.02 Liberal construction. This chapter is remedial in nature and shall
7be liberally construed, consistent with s. 711.14.
SB715-SSA1,12,8 8711.03 Definitions. In this chapter:
SB715-SSA1,12,11 9(1) "Account" means an arrangement under a terms of service agreement in
10which a custodian carries, maintains, processes, receives, or stores a user's digital
11property or provides goods or services to the user.
SB715-SSA1,12,13 12(2) "Agent" means a person granted authority to act under a durable or
13nondurable power of attorney.
SB715-SSA1,12,15 14(3) "Carries" means engages in the transmission of an electronic
15communication.
SB715-SSA1,12,18 16(4) "Catalogue of electronic communications" means information that
17identifies each person with which a user has had an electronic communication, the
18time and date of the communication, and the electronic address of the person.
SB715-SSA1,12,20 19(5) "Conservator" means a person appointed under s. 54.76 to manage the
20estate of a living individual.
SB715-SSA1,12,22 21(6) "Content of an electronic communication" means information concerning
22the substance or meaning of a communication that satisfies all of the following:
SB715-SSA1,12,2323 (a) The information was sent or received by a user.
SB715-SSA1,13,3
1(b) The information is electronically stored by a custodian that provides an
2electronic communication service to the public or is carried or maintained by a
3custodian that provides a remote computing service to the public.
SB715-SSA1,13,44 (c) The information is not readily accessible to the public.
SB715-SSA1,13,6 5(7) "Court" means the circuit court having jurisdiction over a matter related
6to this chapter.
SB715-SSA1,13,8 7(8) "Custodian" means a person that carries, maintains, processes, receives, or
8stores a user's digital property.
SB715-SSA1,13,10 9(9) "Designated recipient" means a person chosen by the user using an online
10tool to administer the user's digital property.
SB715-SSA1,13,13 11(10) "Digital property" means an electronic record in which a person has a right
12or interest. "Digital property" does not include underlying property or an underlying
13liability unless the property or liability is itself an electronic record.
SB715-SSA1,13,15 14(11) "Electronic" means relating to technology having electrical, digital,
15magnetic, wireless, optical, electromagnetic, or similar capabilities.
SB715-SSA1,13,16 16(12) "Electronic communication" has the meaning given in 18 USC 2510 (12).
SB715-SSA1,13,18 17(13) "Electronic communication service" means a custodian that provides to a
18user the ability to send or receive an electronic communication.
SB715-SSA1,13,20 19(14) "Fiduciary" means an original, additional, or successor personal
20representative, conservator, guardian, agent, or trustee.
SB715-SSA1,13,21 21(15) "Governing instrument" has the meaning given in s. 854.01 (2).
SB715-SSA1,13,22 22(16) "Guardian" means a person appointed under s. 54.10.
SB715-SSA1,13,24 23(17) "Information" means data, text, images, videos, sounds, codes, computer
24programs, software, databases, or the like.
SB715-SSA1,14,4
1(18) "Online tool" means a setting provided by a custodian that allows the user,
2by an agreement between the custodian and user that is distinct from the user's
3assent to the terms of service, to provide directions for disclosure or nondisclosure
4of digital property to a designated recipient.
SB715-SSA1,14,7 5(19) "Person" means an individual, estate, business or nonprofit entity, public
6corporation, government or governmental subdivision, agency, or instrumentality, or
7other legal entity.
SB715-SSA1,14,11 8(20) "Personal representative" has the meaning given in s. 851.23, but also
9includes a special administrator and any person who, under the laws of this state
10other than this chapter, performs functions substantially similar to a personal
11representative, as defined in s. 851.23.
SB715-SSA1,14,13 12(21) "Power of attorney" means an instrument that grants an agent authority
13to act in the place of a principal.
SB715-SSA1,14,15 14(22) "Principal" means an individual who grants authority to an agent in a
15power of attorney.
SB715-SSA1,14,16 16(23) "Protected person" means all of the following:
SB715-SSA1,14,1717 1. An individual for whom a guardian is appointed.
SB715-SSA1,14,1818 2. An individual for whom a conservator is appointed.
SB715-SSA1,14,20 19(24) "Record" means information that is inscribed on a tangible medium or that
20is stored in an electronic or other medium and is retrievable in perceivable form.
SB715-SSA1,14,23 21(25) "Remote computing service" means a custodian that provides to a user
22computer processing services or the storage of digital property by means of an
23electronic communications system, as defined in 18 USC 2510 (14).
SB715-SSA1,14,25 24(26) "Terms of service agreement" means an agreement that controls the
25relationship between a user and a custodian.
SB715-SSA1,15,3
1(27) "Trustee" means a person with legal title to an asset under an agreement
2or declaration that creates a beneficial interest in another. "Trustee" includes an
3original, additional, and successor trustee, and a cotrustee.
SB715-SSA1,15,4 4(28) "User" means a person that has an account with a custodian.
SB715-SSA1,15,6 5(29) "Will" includes a codicil and any document incorporated by reference in a
6testamentary document under s. 853.32 (1) or (2).
SB715-SSA1,15,13 7711.04 Priorities; user directions for disclosure of digital property.. (1)
8A user may use an online tool to direct the custodian to disclose to a designated
9recipient or not to disclose some or all of the user's digital property, including the
10content of electronic communications. If the online tool allows the user to modify or
11delete a direction at all times, a direction regarding disclosure using an online tool
12overrides a contrary direction by the user in a will, trust, power of attorney, or any
13other governing instrument.
SB715-SSA1,15,18 14(2) If a user has not used an online tool to give direction under sub. (1), or if the
15custodian has not provided an online tool, the user may allow or prohibit disclosure
16to a fiduciary of some or all of the user's digital property, including the content of
17electronic communications sent or received by the user, in a will, trust, power of
18attorney, or any other governing instrument.
SB715-SSA1,15,21 19(3) A user's direction under sub. (1) or (2) overrides a contrary provision in a
20terms of service agreement that does not require the user to act affirmatively and
21distinctly from the user's assent to the terms of service.
SB715-SSA1,16,5 22711.05 Disclosure of digital property; personal representative of a
23deceased user. (1)
Digital property other than content of electronic
24communications.
Unless a user prohibited disclosure of digital property or the court
25directs otherwise, a custodian shall disclose to the personal representative of the

1deceased user's estate a catalogue of electronic communications sent or received by
2the deceased user and digital property, other than the content of electronic
3communications sent or received by the deceased user, in which the deceased user's
4estate has a right or interest, if the personal representative gives the custodian all
5of the following:
SB715-SSA1,16,66 (a) A written request for disclosure in physical or electronic form.
SB715-SSA1,16,77 (b) A certified copy of the death certificate of the user.
SB715-SSA1,16,98 (c) One of the following to establish the personal representative's authority over
9the deceased user's digital property:
SB715-SSA1,16,1110 1. A certified copy of the letters of appointment of the personal representative
11or special administrator.
SB715-SSA1,16,1212 2. A summary proceeding or other court order.
SB715-SSA1,16,1313 3. A transfer by affidavit.
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