Fillable Form 1: State of Wisconsin Department of Health (Wisconsin.Gov)

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State of
Wisconsin
Department of Health
Services
This Power of Attorney for Finances form allows you to plan for future financial decision-making even if you
are unable to make your own decisions. More information is available to assist you in filling out this form
1
.
This form is not the answer for everyone. Only select someone you trust to be your agent. You may wish to
consult with an attorney to explore other financial planning tools such as a Power of Attorney for Finances
drafted by an attorney, or special accounts or trusts.
This is an important legal document. Do not sign it until you, and your chosen agent, understand the powers
being granted. By signing this document, you are not giving up any powers or rights to control your finances
or property. Instead, you are giving your agent, in addition to yourself, the authority to handle your finances
and property. While it is not required that you sign this document in the presence of a notary, acknowledged
signatures create a lawful presumption of genuineness and will be more easily accepted by businesses and
financial institutions.
This document is effective immediately when executed unless you state a future date or occurrence that will
activate the powers expressed in this form.
This Power of Attorney for Finances is “durable” (does not terminate upon the principal’s incapacity) unless
you specifically state that it terminates if you become incapacitated.
If you name your spouse or domestic partner as your agent and the marriage or domestic partnership is
terminated (annulment or divorce), this document becomes invalid unless the special instructions in this
document state that such an action will not terminate the authority given to the agent.
If you used a former state Power of Attorney for Finances form, that form is still valid. Executing a new
Power of Attorney for Finances does not, automatically, revoke a prior document.
If you wish to change this Power of Attorney for Finances in the future, you must complete a new document
and revoke this one. You may revoke this document at any time; a suggested method is a written and dated
statement expressing your intent to revoke this document. If you revoke this document, you should notify
your agent and any other persons or entities that have a copy.
In general, an agent who is not the principal’s spouse or domestic partner may not use the principal’s
property for the benefit of the agent or a person to whom the agent owes an obligation of support. Gifting to
others is also generally not allowed
2
.
Your agent is entitled to reasonable compensation unless you state otherwise in the special instructions.
This document does not give your agent the power to make medical, long-term care or other health care
decisions for you.
Once your Power of Attorney for Finances form is completed and signed, send a copy of this document to
your financial contacts (e.g. your bank, stockbroker, mortgage company, insurance agent, etc.) Give a copy
to your agent and alternate agents as well as to trustworthy family members and/or to your attorney. Finally
place a copy in a safe place in your home along with a list of who has a copy of the document.
1
Greater Wisconsin Agency on Aging Resoures: Guardianship Support Center (www.gwaar.org)
2
For more information on gifting, see Wis. Stats. §244.57
This Page is for information only and is not part of the Power of Attorney
Wisconsin.gov
WISCONSIN STATUTORY
POWER OF ATTORNEY FOR
FINANCES AND PROPERTY
IMPORTANT
INFORMATION
This Power of Attorney authorizes another person (your agent)
to make decisions concerning your property for you (the
principal). Your agent will be able to make decisions and act
with respect to your property (including your money) whether
or not you are able to act for yourself. The meaning of
authority over subjects listed on this form is explained in the
Uniform Power of Attorney for Finances and Property Act in
Chapter 244 of the Wisconsin Statutes.
This Power of Attorney does not authorize the agent to make
health-care decisions for you.
Recording Area
Name and Return
Address
You s
hould select someone you trust to serve as your agent.
Unless you specify otherwise, generally the agent’s authority will
continue until you die or revoke the Power of Attorney or the agent
resigns or is unable to act for you.
Parcel Identification Number (if any)
Your ag
ent is entitled to reasonable compensation unless you state otherwise in the special instructions.
This form provides for designation of one agent. If you wish to name more than one agent, you may
name
a
co-agent in the special instructions. Co-agents are not required to act together unless you include that
requirement in the special instructions.
If your agent is unable or unwilling to act for you, your Power of Attorney will end unless you have
named
a
successor agent. You may also name a 2
nd
successor agent.
This Power of Attorney becomes effective immediately unless you state otherwise in the special
instructions. This Power of Attorney does not revoke any Power of Attorney executed previously unless
you so provide in the special instructions.
If you revoke this Power of Attorney, you should notify your agent and any other person to whom you have
given a copy. If your agent is your spouse or domestic partner and your marriage is annulled or you are
divorced or legally separated or the domestic partnership is terminated after signing this document, the
document is invalid.
If you have questions about the Power of Attorney or the authority you are granting to your agent, you
should seek legal advice before signing this form.
DEPARTMENT OF HEALTH SERVICES
Division of Public Health
F-00036 (Rev. 08/2016)
STATE OF
WISCONSIN
Effective Date March 31, 2016
§ 244.06 (1), Wisconsin
Statutes
Page 1
Page 2
Wisconsin Power of Attorney for Finances and Property
F-00036 (Rev. 08/2016)
DESIGNATION OF AGENT
I,
(name of principal), name the following person as my agent:
Name
of
agent:
Agent’s
address:
Agent’s
telephone
number:
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
If my agent is unable or unwilling to act for me, I name as my successor agent:
Name of successor
agent:
Successor
agent’s address:
Successor
agent’s
telephone
number:
If my successor agent is unable or unwilling to act for me, I name as my 2
nd
successor agent:
Name of 2
nd
successor agent:
Second
successor
agent’s
address:
Second
successor
agent’s
telephone
number:
GRANT OF GENERAL AU
THORITY
I grant my agent and any successor agent general authority to act for me with respect to the following subjects
as defined (see Appendix) in the Uniform Power of Attorney for Finances and Property Act in chapter 244 of the
Wisconsin statutes:
(INITIAL each subject you want to include in the agent’s general authority.)
Real property
Tangible personal property
Digital property
Stocks and bonds
Commodities and options
Banks and other financial institutions
Operation of entity or business
Insurance and annuities
Estates, trusts, and other beneficial interests
Claims and litigation
Personal and family maintenance
Benefits from governmental programs or civil or military service
Retirement plans
Taxes
Page 3
Wisconsin Power of Attorney for Finances and Property
F-00036 (Rev. 08/2016)
LIMITATION ON AGENT’S AUTHORITY
An agent who is not my spouse or domestic partner MAY NOT use my property to benefit the agent or a
person to whom the agent owes an obligation of support unless I have included that authority in the special
instructions.
SPECIAL INSTRUCTIONS (OPTIONAL)
You may give special instructions in the following space
EFFECTIVE
DATE
This power of attorney is effective immediately unless I have stated otherwise in the special instructions.
NOMINATION OF GUARDIAN
(OPTIONAL)
If it becomes necessary for a court to appoint a guardian of my estate or guardian of my person, I nominate the
following person(s) for appointment:
Name of nominee for guardian of my
estate:
Nominee’s
address:
Nominee’s
telephone
number:
Name
of nominee for guardian of my
person:
Nominee’s
address:
Nominee’s
telephone
number:
Page 4
Wisconsin Power of Attorney for Finances and Property
F-00036 (Rev. 08/2016)
RELIANCE ON THIS POWER OF ATTORNEY FOR FINANCES AND
PROPERTY
Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that
person knows that the power of attorney has been terminated or is invalid.
SIGNATURE AND
ACKNOWLEDGMENT
Date
County
of:
Your
signature
Your
name
printed
Your
address:
Your
telephone
number:
State
of:
This document was acknowledged before me on
Date
by
name
of
principal
(Seal, if
any)
Signature of
notary
Name
of notary (typed or printed)
My
commission
expires:
This
document
prepared
by:
Page 5
Wisconsin Power of Attorney for Finances and Property
F-00036 (Rev. 08/2016)
IMPORTANT INFORMATION FOR
AGENT
AGENT’S
DUTIES
When you accept the authority granted under this Power of Attorney, a special legal relationship is created
between you and the principal. This relationship imposes upon you legal duties that continue until you resign
or the Power of Attorney is terminated or revoked. You must do all the following:
(1) Do what you know the principal reasonably expects you to do with the principal’s property or, if you do not
know the principal’s expectations, act in the principal’s best interest.
(2) Act in good faith.
(3) Do nothing beyond the authority granted in this Power of Attorney.
(4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the
principal and signing your own name as “agent” in the following manner:
(principal’s name) by (your signature) as
agent
Unle
ss the special instructions in the Power of Attorney state otherwise, you must also do all the following:
(1) Act loyally for the principal’s benefit.
(2) Avoid conflicts that would impair your ability to act in the principal’s best interest.
(3) Act with care, competence, and diligence.
(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal.
(5) Cooperate with any person that has authority to make health-care decisions for the principal to do what you
know the principal reasonably expects or, if you do not know the principal’s expectations, to act in the
principal’s best interest.
(6) Attempt to preserve the principal’s estate plan if you know the plan and preserving the plan is consistent
with the principal’s best interest.
TERMINATION OF AGENT’S AUTHORITY
You must stop acting on behalf of the principal if you learn of any event that terminates this Power of Attorney
or your authority under this Power of Attorney. Events that terminate a Power of Attorney or your authority to
act under a Power of Attorney include all the following:
(1) Death of the principal
(2) The principal’s revocation of the Power of Attorney or your
authority.
(3)
The occurrence of a termination event stated in the Power of Attorney.
(4) The purpose of the Power of Attorney is fully accomplished.
(5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal
separation, unless the special instructions in this Power of Attorney state that such an action will not
terminate your authority.
(6) If you are the principal’s domestic partner and your domestic partnership is terminated, unless the special
instructions in this Power of Attorney state that such an action will not terminate your authority.
Page 6
Wisconsin Power of Attorney for Finances and Property
F-00036 (Rev. 08/2016)
LIABILITY OF
AGENT
The meaning of the authority granted to you is defined in the Uniform Power of Attorney for Finances and
Property Act in Chapter 244 of the Wisconsin Statutes. If you violate the Uniform Power of Attorney for
Finances and Property Act in Chapter 244 of the Wisconsin Statutes or act outside the authority granted, you
may be liable for any damages caused by your violation.
If there is anything about this document or your duties that you do not understand, you should seek legal
advice.
OPTIONAL SIGNATURE OF
AGENT
I have read and accept the duties and liabilities of the agent as specified in this Power of Attorney.
Agent’s
signature
Date
Attached:
(1) Agent’s certification as to the validity of Power of Attorney for Finances and Property and agent’s
authority (Optional).
(2) Appendix: Power of Attorney for Finances and Property Statutory Authority Definitions (Optional).
Page 7
Wisconsin Power of Attorney for Finances and Property
F-00036 (Rev. 08/2016)
The following optional form may be used by an agent to certify
facts
concerning a power of attorney for finances and
property:
AGENT’S CERTIFICATION AS TO THE VALIDITY
OF
POWER OF ATTORNEY FOR FINANCES AND PROPERTY AND AGENT’S
AUTHORITY
State
of:
County
of:
I,
(name of agent), certify under penalty of perjury that
(name of principal) granted me authority as an agent or
successor
agent
in
a
power
of
attorney
dated
.
I further certify that to my knowledge:
(1) The principal is alive and has not revoked the power of attorney or my authority to act under the power of
attorney, and the power of attorney and my authority to act under the power of attorney have not
terminated.
(2) If the power of attorney was drafted to become effective upon the happening of an event or contingency,
the event or contingency has occurred.
(3) If I was named as a successor agent, the prior agent is no longer able or willing to serve.
(4)
(insert other relevant
statements)
SIGNATURE AND ACKNOWLEDGMENT
Agent’s
signature
Date
Agent’s
name
printed
Agent’s
address:
Agent’s
telephone
number:
State
of:
County
of:
This document was acknowledged before me on
Date
by
(name
of
agent)
(Seal, if
any)
Signature of
notary
Name
of notary (typed or printed)
My
commission
expires:
This
document
prepared
by:
Clear/Reset Entire Form
Page 8
Wisconsin Power of Attorney for Finances and Property
F-00036 (Rev. 08/2016)
APPENDIX
Power of Attorney for Finances and Property
Statutory Authority Definitions
244.44 Real property. Unless the power of attorney
otherwise provides, language in a power of attorney
granting general authority with respect to real property
authorizes the agent to do all of the
following:
(1) Demand, buy, lease, receive, accept as a gift or as
security for an extension of credit, or otherwise acquire or
reject an interest in real property or
a
right incident to real
property.
(2) Sell; exchange; convey with or without covenants,
representations, or warranties; quit claim; release;
surrender; retain title for security; encumber; partition;
consent to partitioning; subject to an easement or
covenant; subdivide; apply for zoning or other
governmental permits; plat or consent to platting; develop;
grant an option concerning; lease; sublease; contribute to
an entity in exchange for an interest in that entity; or
otherwise grant or dispose of an interest in real property or
a right incident to real property.
(3) Pledge or mortgage an interest in real property or
right incident to real property as security to borrow
money or pay, renew, or extend the time of payment of a
debt of the principal or a debt guaranteed by the
principal.
(4) Release, assign, satisfy, or enforce by
any lawful
means a mortgage, deed of trust, conditional sale contract,
encumbrance, lien, or other claim to real property which
exists or is asserted.
(5) Manage or conserve an interest in real property or a
right incident to real property owned or claimed to be
owned by the principal, including by doing any of the
following:
(a) Insuring against liability or casualty or other loss.
(b) Obtaining or regaining possession of or
protecting the interest or right by litigation or
otherwise.
(c) Paying, assessing, compromising, or contesting taxes
or assessments or applying for and receiving refunds in
connection with taxes or assessments.
(d) Purchasing supplies, hiring assistance or labor, and
making repairs or alterations to the real
(6) Use, develop, alter, replace, remove, erect, or install
structures or other improvements upon real property in
or incident to which the principal has, or claims to have,
an interest or right.
(7) Participate in a reorganization with respect to
real
property or an entity that owns an interest in or right
incident to real property and receive, hold, and act with
respect to stocks and bonds or other property received in a
plan of reorganization, including by doing any of the
following:
(a) Selling or otherwise disposing of the stocks,
bonds, or property.
(b) Exercising or selling an option, right of
conversion, or similar right with respect to the
stocks, bonds, or property.
(c) Exercising any voting rights in person or by
proxy.
(8) Change the form of title of an interest in or right
incident to real property.
(9) Dedicate to public use, with or without
consideration, easements or other real property in which
the principal has, or claims to have, an interest.
244.445 Digital property. Unless the power of attorney
otherwise provides, language in a power of attorney
granting general authority with respect to digital property
authorizes the agent, subject to s. 711.06 (1), to do all of
the following:
(1) Find, access, manage, protect, distribute, dispose of,
transfer, transfer ownership rights in, or otherwise control
digital devices, and any digital property stored thereon,
with digital devices to include desktop, laptops, tablets,
peripherals, storage devices, mobile telephones,
smartphones, and any similar digital device, either
currently in existence or that may exist as technology
develops.
(2) Access, manage, distribute, delete, terminate, transfer,
transfer ownership rights in, or otherwise control digital
accounts, other than the content of electronic
communications, as defined in s. 711.03 (6), with digital
accounts to include bank or other financial institution
accounts, electronic mail accounts, blogs, software
licenses, social network accounts, social media accounts,
file-sharing and storage accounts, financial management
accounts, domain registration accounts, domain name
service accounts, Web hosting accounts, tax preparation
service accounts, online store accounts, and affiliated
programs currently in existence or that may exist as
technology develops.
(3) Access, manage, distribute, delete, transfer, transfer
ownership rights in, or otherwise control any digital
property the principal may own or otherwise possess
rights to, other than the content of electronic
Page 9
Power of Attorney for Finances Appendix – Statutory Authority Definitions
communications, as defined in s. 711.03 (6), regardless of
the ownership of the digital device on which the digital
property is stored or the ownership of the digital account
within which the digital property is stored.
244.45 Tangible personal property. Unless the power of
attorney otherwise provides, language in a power of
attorney granting general authority with respect to
tangible personal property authorizes the agent to do all
of the following:
(1) Demand, buy, receive, accept as a gift or as security
for an extension of credit, or otherwise acquire or reject
ownership or possession of tangible personal property or
an interest in tangible personal property.
(2) Sell; exchange; convey with or without covenants,
representations, or warranties; quit claim; release;
surrender; create a security interest in; grant options
concerning; lease; sublease; or otherwise dispose of
tangible personal property or an interest in tangible
personal property.
(3) Grant a security interest in tangible personal property
or an interest in tangible personal property as security to
borrow money or pay, renew, or extend the time of
payment of a debt of the principal or a debt guaranteed by
the principal.
(4) Release, assign, satisfy, or enforce by litigation or
otherwise, a security interest, lien, or other claim on behalf
of the principal, with respect to tangible personal property
or an interest in tangible personal property.
(5) Manage or conserve tangible personal property or an
interest in tangible personal property on
behalf of the principal, including by doing any of the
following:
(a) Insuring against liability or casualty or other loss.
(b) Obtaining or regaining possession of or protecting
the property or interest, by litigation or otherwise.
(c) Paying, assessing, compromising, or contesting taxes
or assessments or applying for and receiving refunds in
connection with taxes or assessments.
(d) Moving the property from place to place.
(e) Storing the property for hire or under a gratuitous
bailment.
(f) Using and making repairs, alterations, or
improvements to the property.
(6) Change the form of title of an interest in tangible
personal property.
244.46 Stocks and bonds. Unless the power of attorney
otherwise provides, language in a power of attorney
granting general authority with respect to stocks and bonds
authorizes the agent to do all of the following:
(1) Buy, sell, and exchange stocks and bonds.
(2) Establish, continue, modify, or terminate an
account with respect to stocks and bonds.
(3) Pledge stocks and bonds as security to borrow, pay,
renew, or extend the time of payment of a debt of the
principal.
(4) Receive certificates and other evidences of
ownership with respect to stocks and bonds.
(5) Exercise voting rights with respect to stocks and
bonds in person or by proxy, enter into voting trusts, and
consent to limitations on the right to vote.
(6) Exercise in person or by proxy, or enforce by
litigation or otherwise, a right, power, privilege, or
option the principal has or claims to have as the holder
of stocks and bonds.
(7) Initiate, participate in, submit to alternative dispute
resolution, settle, oppose, or propose or accept a
compromise with respect to litigation to which the
principal is a party concerning stocks and bonds.
244.47 Commodities and options. Unless the power of
attorney otherwise provides, language in a power of
attorney granting general authority with respect to
commodities and options authorizes the agent to do all of
the following:
(1) Buy, sell, exchange, assign, settle, and exercise
commodity futures contracts and call or put options on
stocks or stock indexes traded on a regulated option
exchange.
(2) Establish, continue, modify, and terminate
option accounts.
244.48 Banks and other financial institutions. Unless
the power of attorney otherwise provides, language in a
power of attorney granting general authority with
respect to banks and other financial institutions
authorizes the agent to do all of the following:
(1) Continue, modify, and terminate an account or other
banking arrangement made by or on behalf of the
principal.
Page 10
Power of Attorney for Finances Appendix – Statutory Authority Definitions
(2) Establish, modify, and terminate an account or other
banking arrangement with a bank, trust company,
savings and loan association, credit union, thrift
company, brokerage firm, or other financial institution
selected by the agent.
(3) Contract for services available from a financial
institution, including renting a safe deposit box or
space in a vault.
(4) Withdraw, by check, order, electronic funds transfer,
or otherwise, money or property of the principal deposited
with or left in the custody of a financial institution.
(5) Receive statements of account, vouchers,
notices, and similar documents from a financial
institution and act with respect to them.
(6) Enter a safe deposit box or vault and withdraw or
add to the contents.
(7) Borrow money and pledge as security personal
property of the principal necessary to borrow money or
pay, renew, or extend the time of payment of a debt of
the principal or a debt guaranteed by the principal.
(8) Make, assign, draw, endorse, discount, guarantee,
and negotiate promissory notes, checks, drafts, and
other negotiable or nonnegotiable paper of the principal
or payable to the principal or the principal’s order;
transfer money, receive the cash or other proceeds of
those transactions; and accept a draft drawn by a
person upon the principal and pay it when due.
(9) Receive for the principal and act upon a sight draft,
warehouse receipt, or other document of title whether
tangible or electronic, or other negotiable or
nonnegotiable instrument.
(10) Apply for, receive, and use letters of credit, credit
and debit cards, electronic transaction authorizations,
and traveler’s checks from a financial institution and
give an indemnity or other agreement in connection
with letters of credit.
(11) Consent to an extension of the time of payment
with respect to commercial paper or a financial
transaction with a financial institution.
244.49 Operation of entity or business. Subject to the
terms of a document or an agreement governing an entity
or business or an entity or business ownership interest,
and unless the power of attorney otherwise provides,
language in a power of attorney granting general
authority with respect to operation of an entity or
business authorizes the agent to do all of the following:
(1) Operate, buy, sell, enlarge, reduce, or terminate an
ownership interest.
(2) Perform a duty or discharge a liability and exercise in
person or by proxy a right, power, privilege, or option
that the principal has, may have, or claims to have.
(3) Enforce the terms of an ownership agreement.
(4) Initiate, participate in, submit to alternative
dispute resolution, settle, oppose, or propose or accept
a compromise with respect to litigation to which the
principal is a party because of an ownership interest.
(5) Exercise in person or by proxy, or enforce by
litigation or otherwise, a right, power, privilege, or
option the principal has or claims to have as the holder
of stocks and bonds.
(6) Initiate, participate in, submit to alternative dispute
resolution, settle, oppose, or propose or accept a
compromise with respect to litigation to which the
principal is a party concerning stocks and bonds.
(7) With respect to an entity or business owned
solely by the principal, do all of the following:
(a) Continue, modify, renegotiate, extend, and
terminate a contract made by or on behalf of the
principal with respect to the entity or business before
execution of the power of attorney.
(b) Determine all of the following:
1. The location of its operation.
2. The nature and extent of its business.
3. The methods of manufacturing, selling,
merchandising, financing, accounting, and
advertising employed in its operation.
4. The amount and types of insurance carried.
5. The mode of engaging, compensating, and
dealing with its employees and accountants,
attorneys, or other advisors.
(c) Change the name or form of organization under
which the entity or business is operated and enter into an
ownership agreement with other persons to take over all
or part of the operation of the entity or business.
(d) Demand and receive money due or claimed by the
principal or on the principal’s behalf in the operation of
the entity or business and control and disburse the money
in the operation of the entity or business.
(8) Put additional capital into an entity or business in
which the principal has an interest.
(9) Join in a plan of reorganization, consolidation,
Page 11
Power of Attorney for Finances Appendix – Statutory Authority Definitions
conversion, interest exchange, domestication, or merger
of the entity or business.
(10) Sell or liquidate all or part of an entity or
business.
(11) Establish the value of an entity or business under a
buy-out agreement to which the principal is a party.
(12) Prepare, sign, file, and deliver reports, compilations of
information, returns, or other papers with respect to an
entity or business and make related payments.
(13) Pay, compromise, or contest taxes, assessments,
fines, or penalties and perform any other act to protect
the principal from illegal or unnecessary taxation,
assessments, fines, or penalties, with respect to an entity
or business, including attempts to recover, in any
manner permitted by law, money paid before or after
the execution of the power of attorney.
244.50 Insurance and annuities. Unless the
power of attorney otherwise provides, language in a power
of attorney granting general authority with respect to
insurance and annuities authorizes the agent to do all of the
following:
(1) Continue, pay the premium or make a contribution on,
modify, exchange, rescind, release, or terminate a contract
procured by or on behalf of the principal which insures or
provides an annuity to either the principal or another
person, whether or not the principal is a beneficiary under
the contract.
(2) Procure new, different, and additional contracts of
insurance and annuities for the principal and the
principal’s spouse or domestic partner,
children, and
other
dependents, and select the amount, type of insurance or
annuity, and mode of payment.
(3) Pay the premium or make a contribution on, modify,
exchange, rescind, release, or terminate a contract of
insurance or annuity procured by the agent.
(4) Apply for and receive a loan secured by a
contract of insurance or annuity.
(5) Surrender and receive the cash surrender value on a
contract of insurance or annuity.
(6) Exercise an election.
(7) Exercise investment powers available under a
contract of insurance or annuity.
(8) Change the manner of paying premiums on a
contract of insurance or annuity.
(9) Change or convert the type of insurance or annuity
with respect to which the principal has or claims to
have authority described in this section.
(10) Apply for and procure a benefit or assistance under
a statute, rule, or regulation to guarantee or pay
premiums of a contract of insurance on the life of the
principal.
(11) Collect, sell, assign, hypothecate, borrow against,
or pledge the interest of the principal in a contract of
insurance or annuity.
(12) Select the form and timing of the payment of
proceeds from a contract of insurance or annuity.
(13) Pay, from proceeds or otherwise, compromise or
contest, and apply for refunds in connection with, a tax or
assessment levied by a taxing authority with respect to a
contract of insurance or annuity or its proceeds or liability
accruing by reason of the tax or assessment.
244.51 Estates, trusts, and other beneficial
interests. (1) In this section, “estates, trusts, and
other beneficial interests” means a trust, probate
estate, guardianship, conservatorship, escrow, or
custodianship or a fund from which the principal is,
may become, or claims to be, entitled to a share or
payment.
(2) Unless the power of attorney otherwise provides,
language in a power of attorney granting general authority
with respect to estates, trusts, and other beneficial interests
authorizes the agent to do all of the following:
(a) Accept, receive, receipt for, sell, assign, pledge, or
exchange a share in or payment from an estate, trust, or
beneficial interest.
(b) Demand or obtain money or another thing of value to
which the principal is, may become, or claims to be,
entitled by reason of an estate, trust, or beneficial
interest, by litigation or otherwise.
(c) Exercise for the benefit of the principal a presently
exercisable general power of appointment held by the
principal.
(d) Initiate, participate in, submit to alternative dispute
resolution, settle, oppose, or propose or accept a
compromise with respect to litigation to ascertain the
meaning, validity, or effect of a deed, will, declaration of
trust, or other instrument or transaction affecting the
interest of the principal.
(e) Initiate, participate in, submit to alternative dispute
resolution, settle, oppose, or propose or accept a
compromise with respect to litigation to remove,
substitute, or surcharge a fiduciary.
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Power of Attorney for Finances Appendix – Statutory Authority Definitions
(f) Conserve, invest, disburse, or use anything
received for an authorized purpose.
(g) Transfer an interest of the principal in real property,
stocks and bonds, accounts with financial institutions or
securities intermediaries, insurance, annuities, and other
property to the trustee of a revocable trust created by the
principal as settlor.
(h) Sign a waiver or consent in a probate
matter. (i)
Reject, renounce, disclaim, release, or consent
to a reduction in or modification of a share in or payment
from an estate, trust, or beneficial interest.
244.52 Claims and litigation. Unless the power of
attorney otherwise provides, language in a power of
attorney granting general authority with respect to claims
and litigation authorizes the agent to do all
of the following:
(1) Assert and maintain before a court or administrative
agency a claim, claim for
relief, cause
of action,
counterclaim, offset, recoupment, or defense, including
an action to recover property or other thing of value,
recover damages sustained by the principal, eliminate or
modify tax liability, or seek an injunction, specific
performance, or other relief.
(2) Bring an action to determine adverse claims or
intervene or otherwise participate in litigation.
(3) Seek an attachment, garnishment, order of arrest, or
other preliminary, provisional, or intermediate relief and
use any available procedure to effect or satisfy a
judgment, order, or decree.
(4) Make or accept a tender, offer of judgment, or
admission of facts, submit a controversy on an agreed
statement of facts, consent to examination, and bind the
principal in litigation.
(5) Submit to alternative dispute resolution, settle, and
propose or accept a compromise.
(6) Waive the issuance and service of process upon the
principal, accept service of process, appear for the
principal, designate persons upon which process
directed to the principal may be served, execute and
file or deliver stipulations on the principal’s behalf,
verify pleadings, seek appellate review, procure and
give surety and indemnity bonds, contract and pay for
the preparation and printing of records and briefs,
receive, execute, and file or deliver a consent, waiver,
release, confession of judgment, satisfaction of
judgment, notice, agreement, or other instrument in
connection with the prosecution, settlement, or
defense of a claim or litigation.
(7) Act for the principal with respect to bankruptcy or
insolvency, whether voluntary or involuntary,
concerning the principal or some other person, or with
respect to a reorganization, receivership, or application
for the appointment of a receiver or trustee which
affects an interest of the principal in property or other
thing of value.
(8) Pay a judgment, award, or order against the principal
or a settlement made in connection with a claim or
litigation.
(9) Receive money or other thing of value paid in
settlement of or as proceeds of a claim or litigation.
244.53 Personal and family maintenance. (1) Unless
the power of attorney otherwise provides, language in a
power of attorney granting general authority with respect
to personal and family maintenance authorizes the agent
to do all of the following:
(a) Perform the acts necessary to maintain the customary
standard of living of the principal, the principal’s spouse or
the principal’s domestic partner, and the following
individuals, whether living when the power of attorney is
executed or
later born:
1. The principal’s children.
2. Other individuals legally entitled to be supported by
the principal.
3. The individuals whom the principal has
customarily supported or indicated the intent to
support.
(b) Make periodic payments of child support and other
family maintenance required by a court or governmental
agency or an agreement to which the principal is a party.
(c) Provide living quarters for the individuals described
in par. (a) by doing any of the following:
1. Purchasing, leasing, or entering into a contract.
2. Paying the operating costs, including interest,
amortization payments, repairs, improvements, and taxes,
for premises owned by the principal or occupied by those
individuals.
(d) Provide normal domestic help, usual vacations and
travel expenses, and funds for shelter, clothing, food,
appropriate education,
including postsecondary
and
vocational education, and other current living costs for the
individuals described in par. (a).
(e) Pay expenses for necessary health care and custodial
care on behalf of the individuals described in par. (a).
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Power of Attorney for Finances Appendix – Statutory Authority Definitions
(f) Act as the principal’s personal representative under 42
USC 1320d, the Health Insurance Portability and
Accountability Act, and applicable regulations, in making
decisions related to the past, present, or future payment for
the provision
of health
care consented to by the principal
or anyone authorized under the law of this state to consent
to health care on behalf of the principal.
(g) Continue any provision made by the principal for
motor vehicles or other means of transportation,
including registering, licensing, insuring, and replacing
the vehicles, for the individuals described in par. (a).
(h) Maintain credit and debit accounts for the
convenience of the individuals described in par. (a) and
open new accounts.
(i) Continue payments incidental to the membership or
affiliation of the principal in a religious institution, club,
society, order, or other organization or to continue
contributions to those organizations.
(2) Authority with respect to personal and family
maintenance is neither dependent upon, nor limited by,
authority that an agent may or may not
have with
respect
to gifts under this chapter.
244.54 Benefits from governmental programs or civil
or military service. (1) In this
section, “benefits
from
governmental programs or civil or military service”
means any benefit, program or assistance provided under
a statute, rule, or regulation, including social security,
Medicare, and Medicaid.
(2) Unless the power of attorney otherwise provides,
language in a power of attorney granting general
authority with respect to benefits from governmental
programs or civil or military service authorizes the
agent to do all of the following:
(a) Execute vouchers in the name of the
principal for
allowances and reimbursements payable by the United
States or a foreign government or by a state or
subdivision of a state to the principal, including
allowances and reimbursements for
transportation of
the
individuals described in s. 244.53 (1) (a), and for
shipment of their household effects.
(b) Take possession and order the removal and shipment
of property of the principal from a post, warehouse,
depot, dock, or other place of
storage or
safekeeping,
either governmental or private, and execute and deliver a
release, voucher, receipt, bill of lading, shipping ticket,
certificate, or other instrument for that purpose.
(c) Enroll in, apply for, select, reject, change, amend, or
discontinue, on the principal’s behalf, a benefit or
program.
(d) Prepare, file, and maintain a claim of the principal
for a benefit or assistance, financial or otherwise, to
which the principal may be entitled under a statute,
rule, or regulation.
(e) Initiate, participate in, submit to alternative dispute
resolution, settle, oppose, or propose or accept a
compromise with respect to litigation concerning any
benefit or assistance the principal may be entitled to
receive under a statute, rule, or regulation.
(f) Receive the financial proceeds of a claim described
in par. (d) and conserve, invest, disburse, or use for a
lawful purpose anything so received.
244.55 Retirement plans. (1) In this section, “retirement
plan” means a plan or account created by an employer, the
principal, or another
individual to
provide retirement
benefits or deferred compensation of which the principal is
a participant, beneficiary, or owner, including the
following
plans or
accounts:
(a) An individual retirement account under section
408 of the Internal Revenue Code.
(b) A Roth individual retirement account under
section 408A of the Internal Revenue Code.
(c) A deemed individual retirement account under
section 408 (q) of the Internal Revenue Code.
(d) An annuity or mutual fund custodial account under
section 403 (b) of the Internal Revenue Code.
(e) A pension, profit−sharing, stock bonus, or other
retirement plan qualified under section 401 (a) of the
Internal Revenue Code.
(f) A plan under section 457 (b) of the Internal
Revenue Code.
(g) A nonqualified deferred compensation plan under
section 409A of the Internal Revenue Code.
(2) Unless the power of attorney otherwise provides,
language in a power of attorney granting general
authority with respect to retirement plans authorizes the
agent to do all of the following:
(a) Select the form and timing of payments under a
retirement plan and withdraw benefits from a plan.
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Power of Attorney for Finances Appendix – Statutory Authority Definitions
(b) Make a rollover, including a direct trustee-to-
trustee rollover, of benefits from one retirement plan
to another.
(c) Establish a retirement plan in the principal’s
name.
(d) Make contributions to a retirement plan.
(e) Exercise investment powers available under a
retirement plan.
(f) Borrow from, sell assets to, or purchase assets from
a retirement plan.
244.56 Taxes. Unless the power of attorney otherwise
provides, language in a power of attorney granting
general authority with respect to taxes authorizes the
agent to do all of the following:
(1) Prepare, sign, and file federal, state, local, and
foreign income, gift, payroll, property, Federal
Insurance Contributions Act, and other tax returns,
claims for refunds, requests for extension of time,
petitions regarding tax matters, and any other tax-related
documents, including receipts, offers, waivers, consents,
including consents and agreements under 2032A of the
Internal Revenue Code, closing agreements, and any
power of attorney required by the Internal Revenue
Service or other taxing authority with respect to a tax
year upon which the statute of limitations has not run
and the following 25 tax years.
(2) Pay taxes due, collect refunds, post bonds, receive
confidential information, and contest deficiencies
determined by the Internal Revenue Service or other
taxing authority.
(3) Exercise any election available to the principal
under federal, state, local, or foreign tax law.
(4) Act for the principal in all tax matters for all
periods before the Internal Revenue Service, or other
taxing authority.
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Form 1: State of Wisconsin Department of Health (Wisconsin.Gov)

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Completed 27 October 2021

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