243.10(13)
(13) Construction of power relating to personal and family maintenance. In a statutory power of attorney, the language granting power with respect to personal and family maintenance empowers the agent to do all of the following:
243.10(13)(a)
(a) Do the acts necessary to maintain the customary standard of living of the principal, the principal's spouse, children and other individuals customarily or legally entitled to be supported by the principal, including providing living quarters by purchase, lease or other contract, or paying the operating costs, including interest, amortization payments, repairs and taxes on premises owned by the principal and occupied by those individuals.
243.10(13)(b)
(b) Provide for the individuals described in
par. (a) normal domestic help; usual vacations and travel expenses; and funds for shelter, clothing, food, appropriate education and other current living costs.
243.10(13)(c)
(c) Pay for the individuals described in
par. (a) necessary medical, dental, surgical care, hospitalization and custodial care.
243.10(13)(d)
(d) Continue any provision made by the principal, for the individuals described in
par. (a), for automobiles or other means of transportation, including registering, licensing, insuring and replacing them.
243.10(13)(e)
(e) Maintain or open charge accounts for the convenience of the individuals described in
par. (a) and open new accounts the agent considers desirable to accomplish a lawful purpose.
243.10(13)(f)
(f) Continue payments incidental to the membership or affiliation of the principal in a church, club, society, order or other organization, or continue contributions to those organizations.
243.10(14)
(14) Construction of power relating to benefits from social security, medicare, medicaid or other governmental programs or military service. In a statutory power of attorney, the language granting power with respect to benefits from social security, medicare, medicaid or other governmental programs or civil or military service empowers the agent to do all of the following:
243.10(14)(a)
(a) Execute vouchers in the name of the principal for allowances and reimbursements payable to the principal by the United States or a foreign government or by a state or subdivision of a state, including allowances and reimbursements for transportation of the individuals described in
sub. (13) (a), and for shipment of their household effects.
243.10(14)(b)
(b) Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate or other instrument for that purpose.
243.10(14)(c)
(c) Prepare, file and prosecute a claim of the principal to a benefit or assistance, financial or otherwise, to which the principal claims to be entitled, under a statute or governmental rule or regulation.
243.10(14)(d)
(d) Prosecute, defend, submit to arbitration, settle and propose or accept a compromise with respect to any benefits the principal may be entitled to receive.
243.10(14)(e)
(e) Receive the financial proceeds of a claim of the type described in this subsection, and conserve, invest, disburse or use anything received for a lawful purpose.
243.10(15)
(15) Construction of power relating to retirement plan transactions. In a statutory power of attorney, the language granting power with respect to retirement plan transactions empowers the agent to do all of the following:
243.10(15)(a)
(a) Select payment options under any retirement plan in which the principal participates, including plans for self-employed individuals.
243.10(15)(b)
(b) Designate beneficiaries under those plans and change existing designations.
243.10(15)(d)
(d) Exercise the investment powers available under any self-directed retirement plan.
243.10(15)(e)
(e) Make rollovers of plan benefits into other retirement plans.
243.10(15)(f)
(f) If authorized by the plan, borrow from, sell assets to and purchase assets from the plan.
243.10(16)
(16) Construction of power relating to tax matters. In a statutory power of attorney, the language granting power with respect to tax matters empowers the agent to do all of the following:
243.10(16)(a)
(a) Prepare, sign and file federal, state, local and foreign income, gift, payroll, federal insurance contributions act returns and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under section
2032A of the internal revenue code, closing agreements and any power of attorney required by the internal revenue service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following 25 tax years.
243.10(16)(b)
(b) Pay taxes due, collect refunds, post bonds, receive confidential information and contest deficiencies determined by the internal revenue service or other taxing authority.
243.10(16)(c)
(c) Exercise any election available to the principal under federal, state, local or foreign tax law.
243.10(16)(d)
(d) Act for the principal in all tax matters for all periods before the internal revenue service and any other taxing authority.
243.10(17)
(17) Existing interests; foreign interests. The powers described in
subs. (3) to
(16) may be exercised equally with respect to an interest the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state, and whether or not the powers are exercised or the power of attorney is executed in this state.
243.10(18)
(18) Revocation of power of attorney. A principal may revoke his or her power of attorney and invalidate the power of attorney at any time by executing a statement, in writing, that is signed and dated by the principal, expressing the principal's intent to revoke the power of attorney. The statement may be recorded in the office of the register of deeds in the same counties where the statutory form of power of attorney was recorded under
sub. (1) (cm).
243.10(19)
(19) Uniformity of application and construction. This section shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this section among states enacting it.
243.10 Annotation
Wisconsin's New Statutory Power of Attorney. Thedinga. Wis. Law. Sept. 1992.
