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12(5) If an agent is selected by the principal because of special skills or expertise
13possessed by the agent or in reliance on the agent's representation that the agent has
14special skills or expertise, the special skills or expertise must be considered in
15determining whether the agent has acted with care, competence, and diligence under
16the circumstances.
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17(6) Absent a breach of duty to the principal, an agent is not liable if the value
18of the principal's property declines.
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19(7) An agent who exercises authority to delegate to another person the
20authority granted by the principal or that engages another person on behalf of the
21principal is not liable for an act, error of judgment, or default of that person if the
22agent exercises care, competence, and diligence in selecting and monitoring the
23person.
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1(8) Except as otherwise provided in the power of attorney, an agent is not
2required to disclose receipts, disbursements, or transactions conducted on behalf of
3the principal unless ordered by a court or requested by one of the following:
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(a) The principal.
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(b) A guardian, a conservator, or another fiduciary acting for the principal.
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(c) A governmental agency having regulatory authority to protect the welfare
7of the principal.
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(d) Upon the death of the principal, by the personal representative or successor
9in interest of the principal's estate.
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10(9) If ordered or requested to disclose information under sub. (8), the agent
11shall comply with the request within 30 days or provide a writing or other record
12substantiating why additional time is needed and shall comply with the request
13within an additional 30 days.
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14244.15 Exoneration of agent. A provision in a power of attorney relieving
15an agent of liability for breach of duty is binding on the principal and the principal's
16successors in interest except to the extent that the provision does any of the
17following:
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(1) Relieves the agent of liability for breach of duty committed dishonestly, with
19an improper motive, or with reckless indifference to the purposes of the power of
20attorney or the best interest of the principal.
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(2) Was inserted as a result of an abuse of a confidential or fiduciary
22relationship with the principal.
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23244.16 Judicial relief. (1) The following persons may petition the circuit
24court of the county where the principal is present or of the county of the principal's
1legal residence to construe a power of attorney or review the agent's conduct, and
2grant appropriate relief:
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(a) The principal or the agent.
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(b) A guardian, conservator, or other fiduciary acting for the principal.
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(c) A person authorized to make health-care decisions for the principal.
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(d) The principal's spouse, parent, or descendant.
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(e) The principal's domestic partner.
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(f) An individual who would qualify as a presumptive heir of the principal.
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(g) A person named as a beneficiary to receive any property, benefit, or
10contractual right on the principal's death or as a beneficiary of a trust created by or
11for the principal that has a financial interest in the principal's estate.
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(h) A governmental agency having regulatory authority to protect the welfare
13of the principal.
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(i) The principal's caregiver or another person that demonstrates sufficient
15interest in the principal's welfare.
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(j) A person asked to accept the power of attorney.
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17(2) Upon motion by the principal, the court shall dismiss a petition filed under
18this section, unless the court finds that the principal lacks capacity to revoke the
19agent's authority or the power of attorney.
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20244.17 Agent's liability. An agent who violates this chapter is liable to the
21principal or the principal's successors in interest for the amount required to do all
22of the following:
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23(1) Restore the value of the principal's property to what it would have been had
24the violation not occurred.
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1(2) Reimburse the principal or the principal's successors in interest for the
2attorney fees and costs paid on the agent's behalf.
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3244.18 Agent's resignation; notice. Unless the power of attorney provides
4a different method for an agent's resignation, an agent may resign by giving notice
5to the principal and, if the principal is incapacitated, to any of the following:
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6(1) To the guardian, if one has been appointed for the principal, and a coagent
7or successor agent.
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8(2) If there is no person described in sub. (1), to any of the following:
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(a) The principal's caregiver.
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(b) Another person reasonably believed by the agent to have sufficient interest
11in the principal's welfare.
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(c) A governmental agency having regulatory authority to protect the welfare
13of the principal.
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14244.19 Protection of persons that accept and rely upon an
15acknowledged power of attorney. (1) For purposes of this section and s. 244.20,
16"acknowledged" means the taking of an acknowledgment before a notarial officer
17authorized to take acknowledgements under s. 706.07.
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18(2) A person that in good faith accepts an acknowledged power of attorney
19without actual knowledge that the signature is not genuine may rely upon the
20presumption under s. 244.05 that the signature is genuine.
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21(3) (a) A person that in good faith accepts an acknowledged power of attorney
22without actual knowledge of any of the following may act as provided in par. (b):
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1. That the power of attorney is void, invalid, or terminated.
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2. That the purported agent's authority is void, invalid, or terminated.
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3. That the agent is exceeding or improperly exercising the agent's authority.
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1(b) A person described in par. (a) may rely upon the power of attorney as if the
2power of attorney were genuine, valid, and still in effect, the agent's authority were
3genuine, valid, and still in effect, and the agent had not exceeded and had properly
4exercised the authority.
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5(4) A person who is asked to accept an acknowledged power of attorney may
6request and rely upon, without further investigation, all of the following:
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(a) An agent's certification under penalty of perjury of any factual matter
8concerning the principal, agent, or power of attorney.
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(b) An English translation of the power of attorney if the power of attorney
10contains, in whole or in part, language other than English.
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(c) An opinion of counsel as to any matter of law concerning the power of
12attorney if the person making the request provides in a writing or other record the
13reason for the request.
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14(5) An English translation or an opinion of counsel requested under this section
15must be provided at the principal's expense.
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16(6) For purposes of this section, a person that conducts activities through
17employees is without actual knowledge of a fact relating to a power of attorney, a
18principal, or an agent if the employee conducting the transaction involving the power
19of attorney is without actual knowledge of the fact.
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20244.20 Refusal to accept acknowledged power of attorney. (1) A person
21may, in good faith, refuse to accept an acknowledged power of attorney within 10
22business days of presentment if any of the following applies:
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(a) The person is not otherwise required to engage in a transaction with the
24principal in the same circumstances.
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1(b) Engaging in a transaction with the agent or the principal in the same
2circumstances would be inconsistent with federal or state law.
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(c) The person has actual knowledge of the termination of the agent's authority
4or of the power of attorney before exercise of the power of attorney.
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(d) A request for a certification, a translation, or an opinion of counsel under
6s. 244.19 (4) is refused.
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(e) The person believes that the power of attorney is not valid, that the agent
8does not have the authority to perform the act requested, or that the person
9presenting the power of attorney is not the agent named in the power of attorney,
10whether or not a certification, a translation, or an opinion of counsel under s. 244.19
11(4) has been requested or provided.
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(f) The person makes, or has actual knowledge that another person has made,
13a report to the designated adult at risk or elder adult at risk agency, or to a law
14enforcement agency, stating a good faith belief that the principal may be subject to
15physical or financial abuse, neglect, exploitation, or abandonment by the agent or a
16person acting for or with the agent.
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(g) The person brought, or has actual knowledge that another person has
18brought, an action under s. 244.16 for construction of a power of attorney or review
19of the agent's conduct.
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(h) The power of attorney becomes effective upon the occurrence of an event or
21contingency, and neither a certification nor evidence of the occurrence of the event
22or contingency is presented to the person being asked to accept the power of attorney.
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(i) The person has any other reasonable belief that the power of attorney is
24illegal or unenforceable and should be refused.
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1(2) A person may not refuse to accept an acknowledged power of attorney if any
2of the following applies:
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(a) The person's reason for refusal is based exclusively on the date the power
4of attorney was executed.
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(b) The person's reason for refusal is based exclusively on a mandate that an
6additional or different power of attorney form must be used.
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(c) The person has no good faith basis for refusal under sub. (1).
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8(3) If a person requests a certification, a translation, or an opinion of counsel
9under s. 244.19 (4), the person shall accept the power of attorney no later than 5
10business days after receipt of the certification, translation, or opinion of counsel,
11provided that there is no other good faith reason to refuse under sub. (1).
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12(4) It is not a refusal to accept an acknowledged power of attorney if any of the
13following applies:
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(a) The person requests but does not require that an additional or different
15power of attorney form be used.
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(b) The person has requested but has not received a certification, a translation,
17or an opinion of counsel under s. 244.19 (4).
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18(5) If a person refuses to accept an acknowledged power of attorney in violation
19of this section, the person requesting the acceptance may request that a court order
20all of the following:
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(a) Acceptance of the power of attorney.
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(b) In any action or proceeding that confirms the validity of the power of
23attorney or mandates acceptance of the power of attorney, payment of reasonable
24attorney fees, notwithstanding s. 814.04 (1), and costs by the person who refuses to
25accept the power of attorney.
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1(6) If a court determines that a proceeding to mandate acceptance of an
2acknowledged power of attorney was brought other than in good faith, the court may
3award reasonable attorney fees and costs to the prevailing party.
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4244.21 Laws applicable to financial institutions and entities. This
5chapter does not supersede any other law applicable to financial institutions or
6insurance companies, and the other law controls if in conflict with this chapter.
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subchapter II
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9244.41 Authority that requires specific grant, grant of general
10authority. (1) An agent under a power of attorney may do any of the following on
11behalf of the principal or with the principal's property only if the power of attorney
12expressly grants the agent the authority and the exercise of that authority is not
13otherwise prohibited by another agreement or instrument to which the authority or
14property is subject:
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(a) Create, amend, revoke, or terminate an inter vivos trust.
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(b) Make a gift.
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(c) Create or change rights of survivorship.
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(d) Create or change a beneficiary designation.
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(e) Delegate authority granted under the power of attorney.
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(f) Waive the principal's right to be a beneficiary of a joint and survivor annuity,
21including a survivor benefit under a retirement plan.
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(g) Exercise fiduciary powers that the principal has authority to delegate.
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(h) Disclaim property, including a power of appointment.
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1(2) Notwithstanding a grant of authority to do an act described in sub. (1),
2unless the power of attorney otherwise provides, an agent who is not a spouse or
3domestic partner of the principal, may not do any of the following:
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(a) Exercise authority under a power of attorney to create in the agent an
5interest in the principal's property, whether by gift, right of survivorship, beneficiary
6designation, disclaimer, or otherwise.
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(b) Exercise authority under a power of attorney to create in an individual to
8whom the agent owes a legal obligation of support, an interest in the principal's
9property, whether by gift, right of survivorship, beneficiary designation, disclaimer,
10or otherwise.
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11(3) Subject to subs. (1), (2), (4), and (5), if a power of attorney grants to an agent
12the authority to do all acts that a principal could do, the agent has the general
13authority described in ss. 244.44 to 244.56.
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14(4) Unless the power of attorney otherwise provides, a grant of authority to
15make a gift is subject to s. 244.57.
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16(5) Subject to subs. (1), (2), and (4), if the subjects over which authority is
17granted in a power of attorney are similar or overlap, the broadest authority controls.
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18(6) Authority granted in a power of attorney is exercisable with respect to
19property that the principal has when the power of attorney is executed or acquires
20later, whether or not the property is located in this state and whether or not the
21authority is exercised or the power of attorney is executed in this state.
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22(7) An act performed by an agent pursuant to a power of attorney has the same
23effect and inures to the benefit of and binds the principal and the principal's
24successors in interest as if the principal had performed the act.
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1244.42 Incorporation of authority. (1) An agent has the authority
2described in this subchapter if the power of attorney refers to general authority as
3indicated by section titles for ss. 244.44 to 244.56 or cites the section in which the
4authority is described.