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12Section
5. 244.41 (1) (i) of the statutes is created to read:
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244.41
(1) (i) Access the content of an electronic communication, as defined in
14s. 711.03 (6), sent or received by the principal.
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15Section
6. 244.445 of the statutes is created to read:
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16244.445 Digital property. Unless the power of attorney otherwise provides,
17language in a power of attorney granting general authority with respect to digital
18property authorizes the agent, subject to s. 711.06 (1), to do all of the following:
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19(1) Find, access, manage, protect, distribute, dispose of, transfer, transfer
20ownership rights in, or otherwise control digital devices, and any digital property
21stored thereon, with digital devices to include desktops, laptops, tablets, peripherals,
22storage devices, mobile telephones, smartphones, and any similar digital device,
23either currently in existence or that may exist as technology develops.
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24(2) Access, manage, distribute, delete, terminate, transfer, transfer ownership
25rights in, or otherwise control my digital accounts, other than the content of
1electronic communications, as defined in s. 711.03 (6), with digital accounts to
2include my bank or other financial institution accounts, electronic mail accounts,
3blogs, software licenses, social network accounts, social media accounts, file-sharing
4and storage accounts, financial management accounts, domain registration
5accounts, domain name service accounts, Web hosting accounts, tax preparation
6service accounts, online store accounts, and affiliated programs currently in
7existence or that may exist as technology develops.
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8(3) Access, manage, distribute, delete, transfer, transfer ownership rights in,
9or otherwise control any digital property the principal may own or otherwise possess
10rights to, other than the content of electronic communications, as defined in s. 711.03
11(6), regardless of the ownership of the digital device on which the digital property is
12stored or the ownership of the digital account within which the digital property is
13stored.
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14Section
7. 244.61 (form) of the statutes is amended to read:
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15244.61 (form)
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16WISCONSIN STATUTORY FORM
17
POWER OF ATTORNEY
18
FOR FINANCES AND PROPERTY
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IMPORTANT INFORMATION
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THIS POWER OF ATTORNEY AUTHORIZES ANOTHER PERSON (YOUR
21AGENT) TO MAKE DECISIONS CONCERNING YOUR PROPERTY FOR YOU
22(THE PRINCIPAL). YOUR AGENT WILL BE ABLE TO MAKE DECISIONS AND
23ACT WITH RESPECT TO YOUR PROPERTY (INCLUDING YOUR MONEY)
24WHETHER OR NOT YOU ARE ABLE TO ACT FOR YOURSELF. THE MEANING
25OF AUTHORITY OVER SUBJECTS LISTED ON THIS FORM IS EXPLAINED IN
1THE UNIFORM POWER OF ATTORNEY FOR FINANCES AND PROPERTY ACT
2IN CHAPTER 244 OF THE WISCONSIN STATUTES.
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THIS POWER OF ATTORNEY DOES NOT AUTHORIZE THE AGENT TO
4MAKE HEALTH-CARE DECISIONS FOR YOU.
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YOU SHOULD SELECT SOMEONE YOU TRUST TO SERVE AS YOUR
6AGENT. UNLESS YOU SPECIFY OTHERWISE, GENERALLY THE AGENT'S
7AUTHORITY WILL CONTINUE UNTIL YOU DIE OR REVOKE THE POWER OF
8ATTORNEY OR THE AGENT RESIGNS OR IS UNABLE TO ACT FOR YOU.
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YOUR AGENT IS ENTITLED TO REASONABLE COMPENSATION
10UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS.
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THIS FORM PROVIDES FOR DESIGNATION OF ONE AGENT. IF YOU
12WISH TO NAME MORE THAN ONE AGENT YOU MAY NAME A COAGENT IN
13THE SPECIAL INSTRUCTIONS. COAGENTS ARE NOT REQUIRED TO ACT
14TOGETHER UNLESS YOU INCLUDE THAT REQUIREMENT IN THE SPECIAL
15INSTRUCTIONS.
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IF YOUR AGENT IS UNABLE OR UNWILLING TO ACT FOR YOU, YOUR
17POWER OF ATTORNEY WILL END UNLESS YOU HAVE NAMED A
18SUCCESSOR AGENT. YOU MAY ALSO NAME A 2ND SUCCESSOR AGENT.
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THIS POWER OF ATTORNEY BECOMES EFFECTIVE IMMEDIATELY
20UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS. THIS
21POWER OF ATTORNEY DOES NOT REVOKE ANY POWER OF ATTORNEY
22EXECUTED PREVIOUSLY UNLESS YOU SO PROVIDE IN THE SPECIAL
23INSTRUCTIONS.
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IF YOU REVOKE THIS POWER OF ATTORNEY, YOU SHOULD NOTIFY
25YOUR AGENT AND ANY OTHER PERSON TO WHOM YOU HAVE GIVEN A
1COPY. IF YOUR AGENT IS YOUR SPOUSE OR DOMESTIC PARTNER AND
2YOUR MARRIAGE IS ANNULLED OR YOU ARE DIVORCED OR LEGALLY
3SEPARATED OR THE DOMESTIC PARTNERSHIP IS TERMINATED AFTER
4SIGNING THIS DOCUMENT, THE DOCUMENT IS INVALID.
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IF YOU HAVE QUESTIONS ABOUT THE POWER OF ATTORNEY OR THE
6AUTHORITY YOU ARE GRANTING TO YOUR AGENT, YOU SHOULD SEEK
7LEGAL ADVICE BEFORE SIGNING THIS FORM.
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DESIGNATION OF AGENT
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I .... (name of principal) name the following person as my agent:
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Name of agent: ....
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Agent's address: ....
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Agent's telephone number: ....
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DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
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If my agent is unable or unwilling to act for me, I name as my successor agent:
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Name of successor agent: ....
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Successor agent's address: ....
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Successor agent's telephone number: ....
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If my successor agent is unable or unwilling to act for me, I name as my 2nd
19successor agent:
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Name of 2nd successor agent: ....
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Second successor agent's address: ....
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Second successor agent's telephone number: ....
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GRANT OF GENERAL AUTHORITY
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1I grant my agent and any successor agent general authority to act for me with
2respect to the following subjects as defined in the Uniform Power of Attorney for
3Finances and Property Act in chapter 244 of the Wisconsin statutes:
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INITIAL each subject you want to include in the agent's general authority.
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.... Real property
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.... Tangible personal property
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7.... Digital property
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.... Stocks and bonds
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.... Commodities and options
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.... Banks and other financial institutions
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.... Operation of entity or business
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.... Insurance and annuities
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.... Estates, trusts, and other beneficial interests
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.... Claims and litigation
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.... Personal and family maintenance
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.... Benefits from governmental programs or civil or military service
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.... Retirement plans
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LIMITATION ON AGENT'S AUTHORITY
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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.
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SPECIAL INSTRUCTIONS (OPTIONAL)
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You may give special instructions in the following space ....
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EFFECTIVE DATE
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1This power of attorney is effective immediately unless I have stated otherwise
2in the special instructions.
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NOMINATION OF GUARDIAN (OPTIONAL)
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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:
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Name of nominee for guardian of my estate: ....
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Nominee's address: ....
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Nominee's telephone number: ....
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Name of nominee for guardian of my person: ....
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Nominee's address: ....
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Nominee's telephone number: ....
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RELIANCE ON THIS POWER OF
13
ATTORNEY FOR FINANCES AND PROPERTY
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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.
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SIGNATURE AND ACKNOWLEDGMENT
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Your signature ....
Date ....
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Your name printed ....
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Your address ....
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Your telephone number ....
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State of ....
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County of ....
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This document was acknowledged before me on .... (date), by .... (name of
25principal).
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1(Seal, if any)
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Signature of notary ....
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My commission expires: ....
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This document prepared by: ....
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IMPORTANT INFORMATION FOR AGENT
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AGENT'S DUTIES
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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:
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(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.
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(2) ACT IN GOOD FAITH.
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(3) DO NOTHING BEYOND THE AUTHORITY GRANTED IN THIS POWER
18OF ATTORNEY.
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(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:
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.... (principal's name) by .... (your signature) as agent
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UNLESS THE SPECIAL INSTRUCTIONS IN THIS POWER OF ATTORNEY
25STATE OTHERWISE, YOU MUST ALSO DO ALL OF THE FOLLOWING:
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1(1) ACT LOYALLY FOR THE PRINCIPAL'S BENEFIT.