244.05(3)(k)12.12. Any other information that the supervising attorney considers to be material with respect to the principal’s capacity to sign a valid power of attorney, the principal’s and witnesses’ compliance with this section, or any other information that the supervising attorney deems relevant to the execution of the power of attorney. 244.05(3)(L)(L) The affidavit of compliance is attached to the power of attorney. 244.05(3)(m)(m) An affidavit of compliance described in this subsection shall be substantially in the following form: AFFIDAVIT OF COMPLIANCE
State of ....
County of ....
The undersigned, being first duly sworn under oath, states as follows:
This Affidavit of Compliance is executed pursuant to Wis. Stat. § 244.05 to document the execution of the power of attorney of [name of principal] via remote appearance by 2-way, real-time audiovisual communication technology on [date]. 1. The name and residential address of the principal is ....
2. The name and [residential or business] address of remote witness 1 is ....
3. The name and [residential or business] address of remote witness 2 is ....
4. The address within the state of Wisconsin where the principal was physically located at the time the principal signed the power of attorney is ....
5. The address within the state of Wisconsin where remote witness 1 was physically located at the time the remote witness witnessed the principal’s execution of the power of attorney is ....
6. The address within the state of Wisconsin where remote witness 2 was physically located at the time the remote witness witnessed the principal’s execution of the power of attorney is ....
7. The principal and remote witnesses were all known to each other and to the supervising attorney. - OR - The principal and remote witnesses were not all known to each other and to the supervising attorney. Each produced the following form of photo identification to confirm his or her identity:
....
8. The principal declared that the principal is 18 years of age or older, that the document is the principal’s power of attorney, and that the document was being executed as the principal’s voluntary act.
9. Each of the remote witnesses and the supervising attorney were able to see the principal, or another individual 18 years of age or older at the express direction and in the physical presence of the principal, sign. The principal appeared to be 18 years of age or older and acting voluntarily.
10. The audiovisual technology used for the signing process was ....
11. The power of attorney was not signed in counterpart. The following methods were used to forward the power of attorney to each remote witness for signing and to the supervising attorney after signing. - OR - The power of attorney was signed in counterpart. The following methods were used to forward each counterpart to the supervising attorney. [If applicable] - The supervising attorney physically compiled the signed paper counterparts into a single document containing the power of attorney, the signature of the principal, and the signatures of the remote witnesses on [date] by [e.g., attaching page 7 from each counterpart signed by a remote witness to the back of the power of attorney signed by the principal].
12. The name, state bar number, and business or residential address of the supervising attorney is ....
13. [Optional] Other information that the supervising attorney considers to be material is as follows: ....
.... (signature of supervising attorney)
Subscribed and sworn to before me on .... (date) by .... (name of supervising attorney).
.... (signature of notarial officer)
Stamp
.... (Title of office)
[My commission expires: ....]
244.06244.06 Validity of power of attorney. 244.06(1)(1) A power of attorney executed in this state on or after September 1, 2010, is valid if its execution complies with s. 244.05. 244.06(2)(2) A power of attorney executed in this state before September 1, 2010, is valid if its execution complied with the law of this state as it existed at the time of execution. 244.06(3)(3) A power of attorney executed outside this state is valid in this state if, when the power of attorney was executed, the execution complied with one of the following: 244.06(3)(a)(a) The law of the jurisdiction that determines the meaning and effect of the power of attorney, as provided under s. 244.07. 244.06(4)(4) A photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. 244.06 HistoryHistory: 2009 a. 319. 244.07244.07 Meaning and effect of power of attorney. 244.07(1)(1) The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction in the power of attorney, by the law of the jurisdiction in which the power of attorney was executed. 244.07(2)(2) Unless specifically stated, a power of attorney does not authorize gifting, self-dealing, or oral amendment of the power of attorney, and any such specific authority shall be strictly construed. 244.07 HistoryHistory: 2009 a. 319. 244.08244.08 Nomination of guardian; relation of agent to court-appointed fiduciary. 244.08(1)(1) In a power of attorney, a principal may nominate a guardian of the principal’s estate or guardian of the principal’s person for consideration by the court if protective proceedings for the principal’s estate or person are begun after the principal executes the power of attorney. 244.08(2)(2) If, after a principal executes a power of attorney, a court appoints a conservator or guardian of the principal’s estate or other fiduciary charged with the management of some or all of the principal’s property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent’s authority continues unless limited, suspended, or terminated by the court. 244.08 HistoryHistory: 2009 a. 319. 244.09244.09 When a power of attorney is effective. 244.09(1)(1) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. 244.09(2)(2) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine that the event or contingency has occurred. 244.09(3)(3) If a power of attorney becomes effective upon the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person so authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by one of the following: 244.09(3)(a)(a) A physician licensed under ch. 448 or a psychologist who is licensed under ch. 455, who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b), that the principal is incapacitated within the meaning of s. 244.02 (7) (a). 244.09(3)(b)(b) An attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of s. 244.02 (7) (b), (c), or (d). 244.09(3)(c)(c) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal’s personal representative under 42 USC 1320d, the Health Insurance Portability and Accountability Act, and applicable regulations, to obtain access to the principal’s health-care information and communicate with the principal’s health care provider. 244.09 HistoryHistory: 2009 a. 319; 2021 a. 131. 244.10244.10 Termination of power of attorney or agent’s authority. 244.10(1)(1) A power of attorney terminates when any of the following occurs: 244.10(1)(b)(b) The principal becomes incapacitated, if the power of attorney so provides. 244.10(1)(c)(c) The principal revokes the power of attorney. 244.10(1)(d)(d) The power of attorney provides that it terminates. 244.10(1)(e)(e) The purpose of the power of attorney is accomplished. 244.10(1)(f)(f) The principal revokes the agent’s authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney. 244.10(2)(2) An agent’s authority terminates when any of the following occurs: 244.10(2)(b)(b) The agent dies, becomes incapacitated, or resigns. 244.10(2)(c)(c) An action is filed for the dissolution or annulment of the agent’s marriage to the principal or their legal separation, unless the power of attorney otherwise provides. 244.10(2)(e)(e) The domestic partnership of the principal and agent under ch. 770 is terminated unless the power of attorney otherwise provides. 244.10(3)(3) Unless the power of attorney otherwise provides, an agent’s authority is exercisable until the authority terminates under sub. (2), notwithstanding a lapse of time since the execution of the power of attorney. 244.10(4)(4) Termination of an agent’s authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest. 244.10(5)(5) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest. 244.10(6)(6) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked. 244.10 HistoryHistory: 2009 a. 319. 244.11244.11 Coagents and successor agents. 244.11(1)(1) A principal may designate in a power of attorney 2 or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently. 244.11(2)(2) A principal may designate in a power of attorney one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent is subject to all of the following: 244.11(2)(a)(a) Has the same authority as that granted to the original agent. 244.11(2)(b)(b) May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve. 244.11(3)(3) Except as otherwise provided in the power of attorney and sub. (4), an agent who does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent. 244.11(4)(4) An agent who has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any other action reasonably appropriate in the circumstances to safeguard the principal’s best interest. An agent who fails to take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken other action. 244.11 HistoryHistory: 2009 a. 319. 244.12244.12 Reimbursement and compensation of agent. Except as otherwise provided in the power of attorney, an agent is entitled to reimbursement of any expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances. 244.12 HistoryHistory: 2009 a. 319. 244.13244.13 Agent’s acceptance. Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. 244.13 HistoryHistory: 2009 a. 319. 244.14(1)(1) Notwithstanding any provisions to the contrary in the power of attorney, an agent who has accepted appointment shall do all of the following: 244.14(1)(a)(a) Act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, if those expectations are not known, in the principal’s best interest. 244.14(1)(c)(c) Act only within the scope of authority granted in the power of attorney.
