Wisconsin Legislature: SB254-SSA1,14,9

SB254-SSA1,12,12 9(2) Requirements. A Wisconsin basic power of attorney for finances and
10property is legally sufficient under this section if the wording of the form complies
11substantially with sub. (1), the form is properly completed, the signature of the
12principal is acknowledged and the signature of the agent is obtained.

SB254-SSA1,12,14 13(3) Copies. A copy of a completed Wisconsin basic power of attorney for finances
14and property form has the same force and effect as the original.

SB254-SSA1,12,20 15(4) Durable power of attorney. A Wisconsin basic power of attorney for
16finances and property that is legally sufficient under this section is durable to the
17extent that durable powers are permitted under s. 243.07 and the basic power of
18attorney for finances and property contains language provided under s. 243.07 (1) (a)
19showing the intent of the principal that the power granted may be exercised
20notwithstanding later disability or incapacity.

SB254-SSA1,13,2 21(5) Distribution of forms. The department of health and family services shall
22prepare and provide copies of the Wisconsin basic power of attorney for finances and
23property form under sub. (1) for distribution in quantities to financial institutions,
24health care professionals, hospitals, nursing homes, multipurpose senior centers,
25county clerks and local bar associations and individually to private persons. The

1department of health and family services may charge a reasonable fee for the cost
2of preparation and distribution of the forms.

SB254-SSA1,13,6 3(6) Relation to power of attorney for health care. The execution of a
4Wisconsin basic power of attorney for finances and property under this section does
5not confer on the agent any of the powers or duties conferred on a health care agent
6by the power of attorney for health care under ch. 155.

SB254-SSA1,13,10 7(7) Amendment, revocation and invalidation of basic power of attorney for
8finances and property. (a) A principal may amend a Wisconsin basic power of
9attorney for finances and property only by revoking that power of attorney and
10completing a new basic power of attorney for finances and property.

SB254-SSA1,13,1711 (b) A principal may revoke a Wisconsin basic power of attorney for finances and
12property and invalidate it at any time by destroying it, by directing another person
13to destroy it in the principal's presence or by signing a written and dated statement
14expressing the principal's intent to revoke. If the agent under the Wisconsin basic
15power of attorney for finances and property is the principal's spouse and the
16marriage is annulled, or the agent and principal are divorced, after signing the
17document, the Wisconsin basic power of attorney for finances and property is invalid.

SB254-SSA1,13,25 18(8) Review of agent's performance. (a) An interested party may petition the
19court assigned to exercise probate jurisdiction for the county where a principal is
20present or the county of the principal's legal residence to review whether the agent
21is performing his or her duties in accordance with the terms of the Wisconsin basic
22power of attorney for finances and property executed by the principal. If the court
23finds after a hearing that the agent has not been performing in accordance with the
24terms of the Wisconsin basic power of attorney for finances and property, the court
25may do any of the following:

SB254-SSA1,14,2

11. Direct the agent to act in accordance with the terms of the principal's
2Wisconsin basic power of attorney for finances and property.

SB254-SSA1,14,43 2. Require the agent to report to the court concerning performance of the
4agent's duties at periods of time established by the court.

SB254-SSA1,14,65 3. Rescind all powers of the agent to act under the power of attorney for finances
6and property.

SB254-SSA1,14,97 (b) If the principal has designated an alternate agent and if the powers of the
8first-designated agent are rescinded under par. (a) 3., the alternate agent is the
9agent and is subject to par. (a).

SB254-SSA1,14,1010 (End)