SB529,8,11 10244.03 Applicability. This chapter applies to all powers of attorney except for
11the following:
SB529,8,14 12(1) A power to the extent it is coupled with an interest in the subject of the
13power, including a power given to or for the benefit of a creditor in connection with
14a credit transaction.
SB529,8,15 15(2) A power to make health-care decisions.
SB529,8,17 16(3) A proxy or other delegation to exercise voting rights or management rights
17with respect to an entity.
SB529,8,19 18(4) A power created on a form prescribed by a government or governmental
19subdivision, agency, or instrumentality for a governmental purpose.
SB529,8,22 20244.04 Power of attorney is durable. A power of attorney created under this
21chapter is durable unless it expressly provides that it is terminated by the incapacity
22of the principal.
SB529,9,3 23244.05 Execution of power of attorney. To execute a power of attorney the
24principal must sign the power of attorney or another individual, in the principal's
25conscious presence and directed by the principal, must sign the principal's name on

1the power of attorney. A signature of the principal on a power of attorney is presumed
2to be genuine if the principal makes an acknowledgment of the power of attorney
3before a notarial officer authorized under s. 706.07 to take acknowledgments.
SB529,9,6 4244.06 Validity of power of attorney. (1) A power of attorney executed in
5this state on or after the effective date of this subsection .... [LRB inserts date], is
6valid if its execution complies with s. 244.05.
SB529,9,9 7(2) A power of attorney executed in this state before the effective date of this
8subsection .... [LRB inserts date], is valid if its execution complied with the law of this
9state as it existed at the time of execution.
SB529,9,11 10(3) A power of attorney executed outside this state is valid in this state if, when
11the power of attorney was executed, the execution complied with one of the following:
SB529,9,1312 (a) The law of the jurisdiction that determines the meaning and effect of the
13power of attorney, as provided under s. 244.07.
SB529,9,1414(b) The requirements for a military power of attorney under 10 USC 1044b.
SB529,9,16 15(4) A photocopy or electronically transmitted copy of an original power of
16attorney has the same effect as the original.
SB529,9,20 17244.07 Meaning and effect of power of attorney. (1) The meaning and
18effect of a power of attorney is determined by the law of the jurisdiction indicated in
19the power of attorney and, in the absence of an indication of jurisdiction in the power
20of attorney, by the law of the jurisdiction in which the power of attorney was executed.
SB529,9,23 21(2) Unless specifically stated, a power of attorney does not authorize gifting,
22self-dealing, or oral amendment of the power of attorney, and any such specific
23authority shall be strictly construed.
SB529,9,25 24244.08 Nomination of guardian; relation of agent to court-appointed
25fiduciary.
(1) In a power of attorney, a principal may nominate a guardian of the

1principal's estate or guardian of the principal's person for consideration by the court
2if protective proceedings for the principal's estate or person are begun after the
3principal executes the power of attorney.
SB529,10,8 4(2) If, after a principal executes a power of attorney, a court appoints a
5conservator or guardian of the principal's estate or other fiduciary charged with the
6management of some or all of the principal's property, the agent is accountable to the
7fiduciary as well as to the principal. The power of attorney is not terminated and the
8agent's authority continues unless limited, suspended, or terminated by the court.
SB529,10,12 9244.09 When a power of attorney is effective. (1) A power of attorney is
10effective when executed unless the principal provides in the power of attorney that
11it becomes effective at a future date or upon the occurrence of a future event or
12contingency.
SB529,10,15 13(2) If a power of attorney becomes effective upon the occurrence of a future
14event or contingency, the principal, in the power of attorney, may authorize one or
15more persons to determine that the event or contingency has occurred.
SB529,10,20 16(3) If a power of attorney becomes effective upon the principal's incapacity and
17the principal has not authorized a person to determine whether the principal is
18incapacitated, or the person so authorized is unable or unwilling to make the
19determination, the power of attorney becomes effective upon a determination in a
20writing or other record by one of the following:
SB529,10,2221 (a) A physician licensed under ch. 448 or a psychologist licensed under ch. 455
22that the principal is incapacitated within the meaning of s. 244.02 (7) (a).
SB529,10,2423 (b) An attorney at law, a judge, or an appropriate governmental official that the
24principal is incapacitated within the meaning of s. 244.02 (7) (b), (c), or (d).
SB529,11,5
1(c) A person authorized by the principal in the power of attorney to determine
2that the principal is incapacitated may act as the principal's personal representative
3under 42 USC 1320d, the Health Insurance Portability and Accountability Act, and
4applicable regulations, to obtain access to the principal's health-care information
5and communicate with the principal's health care provider.
SB529,11,7 6244.10 Termination of power of attorney or agent's authority. (1) A
7power of attorney terminates when any of the following occurs:
SB529,11,88 (a) The principal dies.
SB529,11,99 (b) The principal becomes incapacitated, if the power of attorney so provides.
SB529,11,1010 (c) The principal revokes the power of attorney.
SB529,11,1111 (d) The power of attorney provides that it terminates.
SB529,11,1212 (e) The purpose of the power of attorney is accomplished.
SB529,11,1513 (f) The principal revokes the agent's authority or the agent dies, becomes
14incapacitated, or resigns, and the power of attorney does not provide for another
15agent to act under the power of attorney.
SB529,11,16 16(2) An agent's authority terminates when any of the following occurs:
SB529,11,1717 (a) The principal revokes the authority.
SB529,11,1818 (b) The agent dies, becomes incapacitated, or resigns.
SB529,11,2119 (c) An action is filed for the dissolution or annulment of the agent's marriage
20to the principal or their legal separation, unless the power of attorney otherwise
21provides.
SB529,11,2222 (d) The power of attorney terminates.
SB529,11,2423 (e) The domestic partnership of the principal and agent under ch. 770 is
24terminated unless the power of attorney otherwise provides.
SB529,12,3
1(3) Unless the power of attorney otherwise provides, an agent's authority is
2exercisable until the authority terminates under sub. (2), notwithstanding a lapse
3of time since the execution of the power of attorney.
SB529,12,8 4(4) Termination of an agent's authority or of a power of attorney is not effective
5as to the agent or another person that, without actual knowledge of the termination,
6acts in good faith under the power of attorney. An act so performed, unless otherwise
7invalid or unenforceable, binds the principal and the principal's successors in
8interest.
SB529,12,13 9(5) Incapacity of the principal of a power of attorney that is not durable does
10not revoke or terminate the power of attorney as to an agent or other person that,
11without actual knowledge of the incapacity, acts in good faith under the power of
12attorney. An act so performed, unless otherwise invalid or unenforceable, binds the
13principal and the principal's successors in interest.
SB529,12,17 14(6) The execution of a power of attorney does not revoke a power of attorney
15previously executed by the principal unless the subsequent power of attorney
16provides that the previous power of attorney is revoked or that all other powers of
17attorney are revoked.
SB529,12,20 18244.11 Coagents and successor agents. (1) A principal may designate in
19a power of attorney 2 or more persons to act as coagents. Unless the power of attorney
20otherwise provides, each coagent may exercise its authority independently.
SB529,13,2 21(2) A principal may designate in a power of attorney one or more successor
22agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve,
23or declines to serve. A principal may grant authority to designate one or more
24successor agents to an agent or other person designated by name, office, or function.

1Unless the power of attorney otherwise provides, a successor agent is subject to all
2of the following:
SB529,13,33 (a) Has the same authority as that granted to the original agent.
SB529,13,54 (b) May not act until all predecessor agents have resigned, died, become
5incapacitated, are no longer qualified to serve, or have declined to serve.
SB529,13,9 6(3) Except as otherwise provided in the power of attorney and sub. (4), an agent
7who does not participate in or conceal a breach of fiduciary duty committed by
8another agent, including a predecessor agent, is not liable for the actions of the other
9agent.
SB529,13,15 10(4) An agent who has actual knowledge of a breach or imminent breach of
11fiduciary duty by another agent shall notify the principal and, if the principal is
12incapacitated, take any other action reasonably appropriate in the circumstances to
13safeguard the principal's best interest. An agent who fails to take action as required
14by this subsection is liable for the reasonably foreseeable damages that could have
15been avoided if the agent had notified the principal or taken other action.
SB529,13,19 16244.12 Reimbursement and compensation of agent. Except as otherwise
17provided in the power of attorney, an agent is entitled to reimbursement of any
18expenses reasonably incurred on behalf of the principal and to compensation that is
19reasonable under the circumstances.
SB529,13,23 20244.13 Agent's acceptance. Except as otherwise provided in the power of
21attorney, a person accepts appointment as an agent under a power of attorney by
22exercising authority or performing duties as an agent or by any other assertion or
23conduct indicating acceptance.
SB529,14,3
1244.14 Agent's duties. (1) Notwithstanding any provisions to the contrary
2in the power of attorney, an agent who has accepted appointment shall do all of the
3following:
SB529,14,64 (a) Act in accordance with the principal's reasonable expectations to the extent
5actually known by the agent and, if those expectations are not known, in the
6principal's best interest,
SB529,14,77 (b) Act in good faith.
SB529,14,88 (c) Act only within the scope of authority granted in the power of attorney.
SB529,14,10 9(2) Except as otherwise provided in the power of attorney, an agent who has
10accepted an appointment shall do all of the following:
SB529,14,1111 (a) Act loyally for the principal's benefit.
SB529,14,1312 (b) Act so as not to create a conflict of interest that impairs the agent's ability
13to act impartially in the principal's best interest.
SB529,14,1514 (c) Act with the care, competence, and diligence ordinarily exercised by agents
15in similar circumstances.
SB529,14,1716 (d) Keep a record of all receipts, disbursements, and transactions made on
17behalf of the principal.
SB529,14,2118 (e) Cooperate with a person that has authority to make health-care decisions
19for the principal to carry out the principal's reasonable expectations to the extent
20actually known by the agent and, if those expectations are not known, act in the
21principal's best interest.
SB529,14,2422 (f) Attempt to preserve the principal's estate plan, to the extent actually known
23by the agent, if preserving the plan is consistent with the principal's best interest
24based on all relevant factors, including all of the following:
SB529,14,2525 1. The value and nature of the principal's property.
SB529,15,1
12. The principal's foreseeable obligations and need for maintenance.
SB529,15,32 3. The minimization of taxes, including income, estate, inheritance,
3generation-skipping transfer, and gift taxes.
SB529,15,54 4. Eligibility for a benefit, a program, or assistance under a statute, rule, or
5regulation.
SB529,15,7 6(3) An agent who acts in good faith is not liable to any beneficiary of the
7principal's estate plan for failure to preserve the plan.
SB529,15,11 8(4) An agent who acts with care, competence, and diligence for the best interest
9of the principal is not liable solely because the agent also benefits from the act or has
10an individual or conflicting interest in relation to the property or affairs of the
11principal.
SB529,15,16 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.
SB529,15,18 17(6) Absent a breach of duty to the principal, an agent is not liable if the value
18of the principal's property declines.
SB529,15,23 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.
SB529,16,3
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:
SB529,16,44 (a) The principal.
SB529,16,55 (b) A guardian, a conservator, or another fiduciary acting for the principal.
SB529,16,76 (c) A governmental agency having regulatory authority to protect the welfare
7of the principal.
SB529,16,98 (d) Upon the death of the principal, by the personal representative or successor
9in interest of the principal's estate.
SB529,16,13 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.
SB529,16,17 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:
SB529,16,2018 (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.
SB529,16,2221 (2) Was inserted as a result of an abuse of a confidential or fiduciary
22relationship with the principal.
SB529,17,2 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:
SB529,17,33 (a) The principal or the agent.
SB529,17,44 (b) A guardian, conservator, or other fiduciary acting for the principal.
SB529,17,55 (c) A person authorized to make health-care decisions for the principal.
SB529,17,66 (d) The principal's spouse, parent, or descendant.
SB529,17,77 (e) The principal's domestic partner.
SB529,17,88 (f) An individual who would qualify as a presumptive heir of the principal.
SB529,17,119 (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.
SB529,17,1312 (h) A governmental agency having regulatory authority to protect the welfare
13of the principal.
SB529,17,1514 (i) The principal's caregiver or another person that demonstrates sufficient
15interest in the principal's welfare.
SB529,17,1616 (j) A person asked to accept the power of attorney.
SB529,17,19 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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