![]() A few of the default provisions are described directly within the statutory form, with cues that the provisions may be altered in the special-instructions section. The numerous default provisions appear in various places, many outside the “fill-in-the-blank” portion of the form. The other is an agent’s certification that may be used to certify facts to anyone asked to honor the POA. One explains the agent’s duties for proper use of the POA. Two addenda supplement the statutory form. The complete powers sections of the statutes are an appendix to the form. The statutory form incorporates the titles of the available powers, and the principal initials on the line next to each power he or she wishes to authorize. Rather, an agent may accept the authority granted by taking action in accordance with the POA or by an assertion or indication of acceptance (signing the POA would be such an indication, but it is not required). Unlike the prior statutory form, the new form does not require the agent’s signature. The statutory form names the principal, agent, and any successor agents. A principal may depart from the default provisions by using the special-instructions section of the form. The statutory form, provided in section 244.61 of Wisconsin’s new Uniform Power of Attorney for Finances and Property Act, clarifies aspects of a power of attorney (POA) and includes various default provisions. 7 This subchapter includes the statutory form 8 and a form that the agent may use to certify facts concerning the power of attorney. 6 It also details the powers that must be expressly granted. Subchapter II, “Authority,” contains the default definitions for the powers that a principal may grant to an agent. Most of these are default rules that may be altered. 4 Subchapter I, “General Provisions,” includes definitions and provisions pertaining to the creation and use of powers of attorney. 3 StructureĬhapter 244 consists of two subchapters. 1, 2010, and will be codified as chapter 244 of the Wisconsin Statutes. Wisconsin adopted the new uniform act as the Uniform Power of Attorney for Finances and Property Act. The new uniform act includes an updated statutory-form power of attorney. The key purposes of the new uniform act are to incorporate changes requested by states and to attempt to strike a balance between the need for flexibility and acceptance of an agent’s authority, on one hand, and the need to prevent and redress financial abuse, on the other. In 2006, with input from attorneys, the banking and insurance industries, and elder protection advocates, the National Conference of Commissioners of Uniform Laws adopted the Uniform Power of Attorney Act. In 2002, a national study showed a significant divergence in states’ power-of-attorney legislation. ![]() Over the years, most states revised their durable-power-of-attorney statutes to address issues on which the original uniform act was silent – for example, the authority of multiple agents, the authority of a later-appointed guardian, the impact of divorce when the ex-spouse is the agent, and the agent’s power to make gifts. Like most states, Wisconsin adopted the Uniform Durable Power of Attorney Act, 1 thus allowing powers of attorney to be made durable – that is, to remain effective when the principal becomes incapacitated. ![]() Under common law, a power of attorney is no longer effective when the principal becomes incapacitated. Recently, Rose heard about a new power of attorney law she is concerned about the validity of Robert’s document, and she wonders whether she should execute a new one herself. ![]() Although she has photo-copies, she misplaced the original powers of attorney. Rose manages the couple’s finances but worries. Each initialed all listed powers but included no special instructions. Each spouse named the other as agent neither named an alternate agent. WilcoxĪ Wisconsin married couple – let’s call them Robert and Rose Kelly – properly executed Wisconsin statutory-form durable powers of attorney in 1999.
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