The bill specifies when a person may, in good faith, refuse to accept an
acknowledged power of attorney. For example, a person may refuse if the power of
attorney would be inconsistent with federal law, when the person has actual
knowledge of the termination of the agent's authority, when the person believes the
power of attorney is not valid, when the power of attorney becomes effective upon the
occurrence of another event that the person does not have evidence of having
occurred, and when the person has reasonable belief that the power of attorney is
illegal. The bill allows a person whose power of attorney is not accepted to ask a court
to order the other person to accept the power of attorney and to pay the costs and
attorney fees incurred by the person seeking the court order.
The bill clarifies that the power of attorney is supplemented by the principles
of common law to the extent those principles are not displaced by specific provisions
and that the new statutory language is not intended to supersede any law applicable
to financial institutions or insurance businesses. The bill further provides that the
remedies under the bill are not exclusive and do not abrogate any other cause of
action or remedy that may be available under current law.
The bill offers detailed descriptions of the authority under the power of attorney
relating to subjects such as "real property," "retirement plans," and "taxes." A
principal may, under the bill, incorporate a particular authority in full into the power
of attorney either by a reference to the short descriptive term for the subject used in
the bill or by a reference to the statutory section number. The bill also addresses
concerns about certain types of authority that might be used to dissipate the
principal's property or alter the principal's estate plan by listing specific types of

authority that cannot be inferred from a grant of general authority, but which may
be granted only through express language in the power of attorney. The bill contains
a default rule prohibiting an agent, other than the principal's spouse or domestic
partner, from making a gift to the agent or certain other persons. Current statutory
language is silent on these issues.
Finally, the bill includes the statutory durable power of attorney form. As under
current law, the statutory form is optional and is designed for use by lawyers as well
as laypersons. The form in this bill contains, in plain language, instructions to the
principal and agent. Step-by-step prompts are given for designation of the agent
and successor agents, and the granting of of general and specific authority. In the
section of the form addressing general authority, the principal must initial the
subjects over which the principal wishes to delegate general authority to the agent.
The bill also contains a sample agent certification form.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB529, s. 1 1Section 1. 46.90 (1) (eg) 3. of the statutes is amended to read:
SB529,3,22 46.90 (1) (eg) 3. An agent under a power of attorney under ch. 243 244.
SB529, s. 2 3Section 2. 50.06 (5) (b) of the statutes is amended to read:
SB529,3,74 50.06 (5) (b) An individual who consents to an admission under this section
5may not authorize expenditures related to health care if the incapacitated individual
6has an agent under a durable power of attorney, as defined in s. 243.07 (1) (a) 244.02
7(3)
, who may authorize expenditures related to health care.
SB529, s. 3 8Section 3. 54.01 (9) of the statutes is amended to read:
SB529,3,109 54.01 (9) "Durable power of attorney" has the meaning given in s. 243.07 (1)
10(a)
244.02 (3).
SB529, s. 4 11Section 4. 54.01 (17) (a) 4. of the statutes is amended to read:
SB529,4,212 54.01 (17) (a) 4. Any individual who is nominated as guardian, any individual
13who is appointed to act as guardian or fiduciary for the proposed ward by a court of
14any state, any trustee for a trust established by or for the proposed ward, any person
15appointed as agent under a power of attorney for health care, as defined in s. 155.01

1(4), or any person appointed as agent under a durable power of attorney under ch.
2243 244.
SB529, s. 5 3Section 5. 54.01 (17) (b) 4. of the statutes is amended to read:
SB529,4,54 54.01 (17) (b) 4. Any person appointed as agent under a durable power of
5attorney under ch. 243 244, unless the agency is revoked or terminated by a court.
SB529, s. 6 6Section 6. 54.10 (3) (c) 3. of the statutes is amended to read:
SB529,4,117 54.10 (3) (c) 3. Whether the proposed ward has engaged in any advance
8planning for financial and health care decision making that would avoid
9guardianship, including by executing a durable power of attorney under ch. 243 244,
10a power of attorney for health care, as defined in s. 155.01 (10), a trust, or a jointly
11held account.
SB529, s. 7 12Section 7. 54.40 (4) (d) 1. of the statutes is amended to read:
SB529,4,1613 54.40 (4) (d) 1. Review any power of attorney for health care under ch. 155, any
14durable power of attorney under ch. 243 244 executed by the proposed ward, and any
15other advance planning for financial and health care decision making in which the
16proposed ward had engaged.
SB529, s. 8 17Section 8. 54.46 (3) (a) 4. of the statutes is amended to read:
SB529,4,2018 54.46 (3) (a) 4. Whether the ward had executed a durable power of attorney
19under s. 243.07 ch. 244 or a power of attorney for health care under s. 155.05 or had
20engaged in other advance planning for financial and health care decision making.
SB529, s. 9 21Section 9. 54.63 (1) (b) 4. of the statutes is amended to read:
SB529,4,2422 54.63 (1) (b) 4. The agent under the ward's power of attorney for health care
23under ch. 155, if any, and the agent under the ward's durable power of attorney under
24ch. 243 244, if any.
SB529, s. 10 25Section 10. 55.075 (4) (a) 4. of the statutes is amended to read:
SB529,5,5
155.075 (4) (a) 4. Whether the individual sought to be protectively placed or
2protectively served had executed a durable power of attorney for finances and
3property
under s. 243.07 ch. 244 or a power of attorney for health care under s. 155.05
4or had provided advance consent to nursing home admission or engaged in other
5advance planning to avoid protective placement or protective services.
SB529, s. 11 6Section 11. 155.70 (4) (a) of the statutes is amended to read:
SB529,5,97 155.70 (4) (a) Nothing in this chapter may be construed to render invalid a
8durable power of attorney that is executed under s. 243.07, 2007 stats., prior to April
928, 1990.
SB529, s. 12 10Section 12. 180.0722 (2) (a) of the statutes is amended to read:
SB529,5,1511 180.0722 (2) (a) A shareholder entitled to vote at a meeting of shareholders, or
12to express consent or dissent in writing to any corporate action without a meeting of
13shareholders, may authorize another person to act for the shareholder by appointing
14the person as proxy. An appointment of a proxy may be in durable form as provided
15in s. 243.07 ch. 244.
SB529, s. 13 16Section 13. 221.0519 (2) of the statutes is amended to read:
SB529,5,2017 221.0519 (2) Method of appointing a proxy. A shareholder may appoint a
18proxy to vote or otherwise act for the shareholder by signing an appointment form,
19either personally or by his or her attorney-in-fact. An appointment of a proxy may
20be in durable form as provided in s. 243.07 244.04.
SB529, s. 14 21Section 14. 243.07 of the statutes is repealed.
SB529, s. 15 22Section 15. 243.10 of the statutes, as affected by 2009 Wisconsin Act 28, is
23repealed.
SB529, s. 16 24Section 16. Chapter 244 of the statutes, as affected by 2009 Wisconsin Act 28,
25is created to read:
SB529,6,1
1Chapter 244
SB529,6,32 Uniform power of attorney
3 For finances and property
SB529,6,44 Subchapter I
SB529,6,55 General provisions
SB529,6,7 6244.01 Short title. This chapter may be cited as the Uniform Power of
7Attorney for Finances and Property Act.
SB529,6,8 8244.02 Definitions. In this chapter:
SB529,6,10 9(1) "Agent" means a person granted authority to act for a principal under a
10power of attorney, whether denominated an agent, attorney-in-fact, or otherwise.
SB529,6,11 11(2) "Domestic partner" has the meaning given in s. 770.01 (1).
SB529,6,13 12(3) "Durable power of attorney" means a power of attorney that is not
13terminated by the principal's incapacity.
SB529,6,15 14(4) "Electronic" means relating to technology having electrical, digital,
15magnetic, wireless, optical, electromagnetic, or similar capabilities.
SB529,6,16 16(5) "Genuine" means free of forgery or counterfeiting.
SB529,6,17 17(6) "Good faith" means honesty in fact.
SB529,6,19 18(7) "Incapacity" means inability of an individual to manage property, finances,
19or business affairs because the individual meets one of the following criteria:
SB529,6,2120 (a) Has an impairment in the ability to receive and evaluate information or
21make or communicate decisions even with the use of technological assistance.
SB529,6,2222 (b) Is missing.
SB529,6,2323 (c) Is detained, including incarceration in a correctional facility.
SB529,6,2424 (d) Is outside the United States and unable to return.
SB529,7,4
1(8) "Person" means an individual, corporation, business trust, estate, trust,
2partnership, limited liability company, association, joint venture, public corporation,
3government or governmental subdivision, agency, or instrumentality, or any other
4legal or commercial entity.
SB529,7,7 5(9) "Power of attorney" means a writing or other record that grants authority
6to an agent to act in the place of the principal, whether or not the term power of
7attorney is used.
SB529,7,14 8(10) "Presently exercisable general power of appointment," with respect to
9property or a property interest subject to a power of appointment, means power
10exercisable at the time in question to vest absolute ownership in the principal
11individually, the principal's estate, the principal's creditors, or the creditors of the
12principal's estate. The term does not include a power exercisable in a fiduciary
13capacity or only by will. The term includes a power of appointment that is exercisable
14only when one of the following circumstances exists:
SB529,7,1515 (a) The occurrence of a specified event.
SB529,7,1616 (b) The satisfaction of an ascertainable standard.
SB529,7,1917 (c) The passage of a specified period only after the occurrence of the specified
18event, the satisfaction of the ascertainable standard, or the passage of the specified
19period.
SB529,7,21 20(11) "Principal" means an individual who grants authority to an agent in a
21power of attorney.
SB529,7,23 22(12) "Property" means anything that may be the subject of ownership,
23including real or personal property, or any interest or right in that property.
SB529,7,25 24(13) "Record" means information that is inscribed on a tangible medium or that
25is stored in an electronic or other medium and is retrievable in perceivable form.
SB529,8,2
1(14) "Sign" means, with present intent to authenticate or adopt a record, any
2of the following:
SB529,8,33 (a) To execute or adopt a tangible symbol.
SB529,8,54 (b) To attach to or logically associate with the record an electronic sound,
5symbol, or process.
SB529,8,9 6(15) "Stocks and bonds" means stocks, bonds, mutual funds, and all other types
7of securities and financial instruments, whether held directly, indirectly, or in any
8other manner. The term does not include commodity futures contracts and call or put
9options on stocks or stock indexes.
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:
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