AB695-ASA1,6,88
.... Stocks and bonds
AB695-ASA1,6,99
.... Commodities and options
AB695-ASA1,6,1010
.... Banks and other financial institutions
AB695-ASA1,6,1111
.... Operation of entity or business
AB695-ASA1,6,1212
.... Insurance and annuities
AB695-ASA1,6,1313
.... Estates, trusts, and other beneficial interests
AB695-ASA1,6,1414
.... Claims and litigation
AB695-ASA1,6,1515
.... Personal and family maintenance
AB695-ASA1,6,1616
.... Benefits from governmental programs or civil or military service
AB695-ASA1,6,1717
.... Retirement plans
AB695-ASA1,6,1919
LIMITATION ON AGENT'S AUTHORITY
AB695-ASA1,6,2220
An agent who is not my spouse or domestic partner MAY NOT use my property
21to benefit the agent or a person to whom the agent owes an obligation of support
22unless I have included that authority in the special instructions.
AB695-ASA1,6,2323
SPECIAL INSTRUCTIONS (OPTIONAL)
AB695-ASA1,6,2424
You may give special instructions in the following space ....
AB695-ASA1,6,2525
EFFECTIVE DATE
AB695-ASA1,7,2
1This power of attorney is effective immediately unless I have stated otherwise
2in the special instructions.
AB695-ASA1,7,33
NOMINATION OF GUARDIAN (OPTIONAL)
AB695-ASA1,7,54
If it becomes necessary for a court to appoint a guardian of my estate or
5guardian of my person, I nominate the following person(s) for appointment:
AB695-ASA1,7,66
Name of nominee for guardian of my estate: ....
AB695-ASA1,7,77
Nominee's address: ....
AB695-ASA1,7,88
Nominee's telephone number: ....
AB695-ASA1,7,99
Name of nominee for guardian of my person: ....
AB695-ASA1,7,1010
Nominee's address: ....
AB695-ASA1,7,1111
Nominee's telephone number: ....
AB695-ASA1,7,1312
RELIANCE ON THIS POWER OF
13
ATTORNEY FOR FINANCES AND PROPERTY
AB695-ASA1,7,1614
Any person, including my agent, may rely upon the validity of this power of
15attorney or a copy of it unless that person knows that the power of attorney has been
16terminated or is invalid.
AB695-ASA1,7,1717
SIGNATURE AND ACKNOWLEDGMENT
AB695-ASA1,7,1818
Your signature ....
Date ....
AB695-ASA1,7,1919
Your name printed ....
AB695-ASA1,7,2020
Your address ....
AB695-ASA1,7,2121
Your telephone number ....
AB695-ASA1,7,2222
State of ....
AB695-ASA1,7,2323
County of ....
AB695-ASA1,7,2524
This document was acknowledged before me on .... (date), by .... (name of
25principal).
AB695-ASA1,8,1
1(Seal, if any)
AB695-ASA1,8,22
Signature of notary ....
AB695-ASA1,8,33
My commission expires: ....
AB695-ASA1,8,44
This document prepared by: ....
AB695-ASA1,8,55
IMPORTANT INFORMATION FOR AGENT
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AGENT'S DUTIES
AB695-ASA1,8,127
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:
AB695-ASA1,8,1513
(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.
AB695-ASA1,8,1616
(2) ACT IN GOOD FAITH.
AB695-ASA1,8,1817
(3) DO NOTHING BEYOND THE AUTHORITY GRANTED IN THIS POWER
18OF ATTORNEY.
AB695-ASA1,8,2219
(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:
AB695-ASA1,8,2323
.... (principal's name) by .... (your signature) as agent
AB695-ASA1,8,2524
UNLESS THE SPECIAL INSTRUCTIONS IN THIS POWER OF ATTORNEY
25STATE OTHERWISE, YOU MUST ALSO DO ALL OF THE FOLLOWING:
AB695-ASA1,9,1
1(1) ACT LOYALLY FOR THE PRINCIPAL'S BENEFIT.
AB695-ASA1,9,32
(2) AVOID CONFLICTS THAT WOULD IMPAIR YOUR ABILITY TO ACT IN
3THE PRINCIPAL'S BEST INTEREST.
AB695-ASA1,9,44
(3) ACT WITH CARE, COMPETENCE, AND DILIGENCE.
AB695-ASA1,9,65
(4) KEEP A RECORD OF ALL RECEIPTS, DISBURSEMENTS, AND
6TRANSACTIONS MADE ON BEHALF OF THE PRINCIPAL.
AB695-ASA1,9,107
(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.
AB695-ASA1,9,1311
(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.
AB695-ASA1,9,1414
TERMINATION OF AGENT'S AUTHORITY
AB695-ASA1,9,1915
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:
AB695-ASA1,9,2020
(1) DEATH OF THE PRINCIPAL.
AB695-ASA1,9,2221
(2) THE PRINCIPAL'S REVOCATION OF THE POWER OF ATTORNEY OR
22YOUR AUTHORITY.
AB695-ASA1,9,2423
(3) THE OCCURRENCE OF A TERMINATION EVENT STATED IN THE
24POWER OF ATTORNEY.
AB695-ASA1,10,2
1(4) THE PURPOSE OF THE POWER OF ATTORNEY IS FULLY
2ACCOMPLISHED.
AB695-ASA1,10,73
(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.
AB695-ASA1,10,118
(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.
AB695-ASA1,10,1212
LIABILITY OF AGENT
AB695-ASA1,10,1913
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.
AB695-ASA1,10,2120
IF THERE IS ANYTHING ABOUT THIS DOCUMENT OR YOUR DUTIES
21THAT YOU DO NOT UNDERSTAND, YOU SHOULD SEEK LEGAL ADVICE.
AB695-ASA1,10,2222
OPTIONAL SIGNATURE OF AGENT
AB695-ASA1,10,2423
I HAVE READ AND ACCEPT THE DUTIES AND LIABILITIES OF THE
24AGENT AS SPECIFIED IN THIS POWER OF ATTORNEY.
AB695-ASA1,10,2525
Agent's signature ....
Date ....
AB695-ASA1,11,1
1(APPENDIX FOLLOWS)
AB695-ASA1,8
2Section
8. 701.0103 (20) of the statutes is amended to read:
AB695-ASA1,11,53
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.
AB695-ASA1,9
6Section
9. 701.0419 (2) of the statutes is amended to read:
AB695-ASA1,11,157
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.
AB695-ASA1,10
16Section
10. 701.0816 (28) of the statutes is created to read:
AB695-ASA1,11,1717
701.0816
(28) Obtain digital property, as provided under s. 711.07.
AB695-ASA1,11
18Section
11. 705.10 (1) (intro.) of the statutes is amended to read:
AB695-ASA1,11,2519
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:
AB695-ASA1,12
1Section
12. Chapter 711 of the statutes is created to read:
AB695-ASA1,12,33
Digital Property
AB695-ASA1,12,5
4711.01 Short title. This chapter may be cited as the Wisconsin Digital
5Property Act.
AB695-ASA1,12,7
6711.02 Liberal construction. This chapter is remedial in nature and shall
7be liberally construed, consistent with s. 711.14.
AB695-ASA1,12,8
8711.03 Definitions. In this chapter:
AB695-ASA1,12,11
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.
AB695-ASA1,12,13
12(2) "Agent" means a person granted authority to act under a durable or
13nondurable power of attorney.
AB695-ASA1,12,15
14(3) "Carries" means engages in the transmission of an electronic
15communication.
AB695-ASA1,12,18
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.
AB695-ASA1,12,20
19(5) "Conservator" means a person appointed under s. 54.76 to manage the
20estate of a living individual.
AB695-ASA1,12,22
21(6) "Content of an electronic communication" means information concerning
22the substance or meaning of a communication that satisfies all of the following: