reglab/housing_qa huggingface dataset:
WI Stat § 242.07 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 242 - Uniform fraudulent transfer act.|242.07 - Remedies of creditors.

242.07  Remedies of creditors. (1) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in s. 242.08, may obtain any of the following:(a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim.(b) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with chs. 810 to 813.(c) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:1. An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;2. Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or3. Any other relief the circumstances may require. (2) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.History:  1987 a. 192.Nothing in ch. 242 changes the principle of law that compensatory damages are a threshold requirement for awarding punitive damages or otherwise permits a punitive damages award. Rescission under sub. (1) is an equitable remedy and does not constitute compensatory damages. C & A Investments v. Kelly, 2010 WI App 151, 330 Wis. 2d 223, 792 N.W.2d 644, 09-2420.
WI Stat § 242.08 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 242 - Uniform fraudulent transfer act.|242.08 - Defenses, liability and protection of transferee.

242.08  Defenses, liability and protection of transferee. (1) A transfer or obligation is not voidable under s. 242.04 (1) (a) against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee. (2) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under s. 242.07 (1) (a), the creditor may recover judgment for the value of the asset transferred, as adjusted under sub. (3), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against any of the following:(a) The first transferee of the asset or the person for whose benefit the transfer was made.(b) Any subsequent transferee other than a good faith transferee who took for value or from any subsequent transferee. (3) If the judgment under sub. (2) is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require. (4) Notwithstanding voidability of a transfer or an obligation under this chapter, a good-faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to any of the following:(a) A lien on or a right to retain any interest in the asset transferred.(b) Enforcement of any obligation incurred.(c) A reduction in the amount of the liability on the judgment. (5) A transfer is not voidable under s. 242.04 (1) (b) or 242.05 if the transfer results from any of the following:(a) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law.(b) Enforcement of a security interest in compliance with ch. 409. (6) A transfer is not voidable under s. 242.05 (2):(a) To the extent that the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien;(b) If made in the ordinary course of business or financial affairs of the debtor and the insider; or(c) If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor.History:  1987 a. 192.The good-faith defense under sub.(1) applies only to claims made under s. 242.04 (1) (a), not claims under other sections. Badger State Bank v. Taylor, 2004 WI 128, 276 Wis. 2d 312, 688 N.W.2d 439, 03-0750.
WI Stat § 242.09 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 242 - Uniform fraudulent transfer act.|242.09 - Statute of limitation.

242.09  Statute of limitation. Actions under this chapter are barred as provided in s. 893.425.History:  1987 a. 192.
WI Stat § 242.10 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 242 - Uniform fraudulent transfer act.|242.10 - Supplementary provisions.

242.10  Supplementary provisions. Unless displaced by this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency or other validating or invalidating cause, supplement this chapter.History:  1987 a. 192.
WI Stat § 242.11 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 242 - Uniform fraudulent transfer act.|242.11 - Uniformity of application and construction.

242.11  Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.History:  1987 a. 192.This section provides an explicit invitation for a court to consider the way other jurisdictions have interpreted the same language in the Uniform Fraudulent Transfer Act. Beck v. BidRX, LLC, 2018 WI App 61, 384 Wis. 2d 207, 918 N.W.2d 96, 17-2043.The legislature expressly stated its intent that the Uniform Fraudulent Transfer Act should be construed to accomplish uniformity among states enacting it. Official Committee of Unsecured Creditors of Great Lakes Quick Lube LP v. Theisen, 2018 WI App 70, 384 Wis. 2d 580, 920 N.W.2d 356, 18-0333.
WI Stat § 243.001 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 243 - General provisions relating to fraudulent conveyances and contracts.|243.001 - Definitions.

243.001  Definitions. In this chapter: (1) “Conveyance" includes every instrument in writing except a last will and testament, whatever its form, and by whatever name it is known in law, by which any estate or interest in lands is created, aliened, assigned, or surrendered. (2) “Estate and interest in lands" includes every estate and interest, freehold and chattel, legal and equitable, present and future, vested and contingent, in lands. (3) “Lands" means lands, tenements, and hereditaments.History:  2015 a. 196 ss. 104 to 106.
WI Stat § 243.01 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 243 - General provisions relating to fraudulent conveyances and contracts.|243.01 - Grants, etc., of trust to be in writing.

243.01  Grants, etc., of trust to be in writing. Every grant or assignment of any existing trust in lands, goods or things in action, unless the same shall be in writing subscribed by the party making the same or by the party's agent lawfully authorized, shall be void.History:  1991 a. 316.That a contract is unenforceable under this section does not prevent the imposition of a constructive trust in a proper case. Gorski v. Gorski, 82 Wis. 2d 248, 262 N.W.2d 120 (1978).
WI Stat § 243.02 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 243 - General provisions relating to fraudulent conveyances and contracts.|243.02 - Conveyances void as to creditors void as to their heirs, etc.

243.02  Conveyances void as to creditors void as to their heirs, etc. Every conveyance, charge, instrument or proceeding declared to be void by chs. 240 to 243 as against creditors or purchasers shall be equally void against the heirs, successors, personal representatives or assignees of such creditors or purchasers.History:  1979 c. 89.
WI Stat § 243.05 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 243 - General provisions relating to fraudulent conveyances and contracts.|243.05 - Instruments signed by agents.

243.05  Instruments signed by agents. Every instrument required under chs. 240 to 243 to be subscribed by any party may be subscribed by the agent of such party lawfully authorized thereto.History:  1979 c. 89.
WI Stat § 243.06 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 243 - General provisions relating to fraudulent conveyances and contracts.|243.06 - Death of principal, effect on agency.

243.06  Death of principal, effect on agency. The death of the principal shall not operate as a revocation of an agency as to the attorney or agent until the attorney or agent shall have notice of the death, or as to one who, without notice of such death, in good faith deals with the attorney or agent; and this shall apply whether the agency was created by writing or not. This section does not apply to powers of attorney created on or after May 1, 1982.History:  1981 c. 313; 1991 a. 316.
WI Stat § 244.01 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 244 - Uniform power of attorney for finances and property.|244.01 - Short title.

244.01  Short title. This chapter may be cited as the Uniform Power of Attorney for Finances and Property Act.History:  2009 a. 319.Procedural Gray Areas: New POA for Finances. Beermann & Johnson. Wis. Law. Oct. 2011.
WI Stat § 244.03 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 244 - Uniform power of attorney for finances and property.|244.03 - Applicability.

244.03  Applicability. This chapter applies to all powers of attorney except for the following: (1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction. (2) A power to make health-care decisions. (3) A proxy or other delegation to exercise voting rights or management rights with respect to an entity. (4) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.History:  2009 a. 319.Offering Clarity and Guidance: New Uniform Power of Attorney for Finances and Property. Collins, Hatch, & Wilcox. Wis. Law. June 2010.
WI Stat § 244.04 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 244 - Uniform power of attorney for finances and property.|244.04 - Power of attorney is durable.

244.04  Power of attorney is durable. A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.History:  2009 a. 319.
WI Stat § 244.05 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 244 - Uniform power of attorney for finances and property.|244.05 - Execution of power of attorney.

244.05  Execution of power of attorney. To execute a power of attorney the principal must sign the power of attorney or another individual, in the principal's conscious presence and directed by the principal, must sign the principal's name on the power of attorney. A signature of the principal on a power of attorney is presumed to be genuine if the principal makes an acknowledgment of the power of attorney before a notarial officer authorized under ch. 140 to take acknowledgments.History:  2009 a. 319; 2019 a. 125.
WI Stat § 244.06 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 244 - Uniform power of attorney for finances and property.|244.06 - Validity of power of attorney.

244.06  Validity of power of attorney. (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. (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. (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:(a) The law of the jurisdiction that determines the meaning and effect of the power of attorney, as provided under s. 244.07.(b) The requirements for a military power of attorney under 10 USC 1044b. (4) A photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.History:  2009 a. 319.
WI Stat § 244.07 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 244 - Uniform power of attorney for finances and property.|244.07 - Meaning and effect of power of attorney.

244.07  Meaning and effect of power of attorney. (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. (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.History:  2009 a. 319.
WI Stat § 244.08 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 244 - Uniform power of attorney for finances and property.|244.08 - Nomination of guardian; relation of agent to court-appointed fiduciary.

244.08  Nomination of guardian; relation of agent to court-appointed fiduciary. (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. (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.History:  2009 a. 319.
WI Stat § 244.09 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 244 - Uniform power of attorney for finances and property.|244.09 - When a power of attorney is effective.

244.09  When a power of attorney is effective. (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. (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. (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:(a) A physician licensed under ch. 448 or a psychologist licensed under ch. 455 that the principal is incapacitated within the meaning of s. 244.02 (7) (a).(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).(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.History:  2009 a. 319.
WI Stat § 244.10 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 244 - Uniform power of attorney for finances and property.|244.10 - Termination of power of attorney or agent's authority.

244.10  Termination of power of attorney or agent's authority. (1) A power of attorney terminates when any of the following occurs:(a) The principal dies.(b) The principal becomes incapacitated, if the power of attorney so provides.(c) The principal revokes the power of attorney.(d) The power of attorney provides that it terminates.(e) The purpose of the power of attorney is accomplished.(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. (2) An agent's authority terminates when any of the following occurs:(a) The principal revokes the authority.(b) The agent dies, becomes incapacitated, or resigns.(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.(d) The power of attorney terminates.(e) The domestic partnership of the principal and agent under ch. 770 is terminated unless the power of attorney otherwise provides. (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. (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. (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. (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.History:  2009 a. 319.
WI Stat § 244.11 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 244 - Uniform power of attorney for finances and property.|244.11 - Coagents and successor agents.

244.11  Coagents and successor agents. (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. (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:(a) Has the same authority as that granted to the original agent.(b) May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve. (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. (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.History:  2009 a. 319.
WI Stat § 244.12 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 244 - Uniform power of attorney for finances and property.|244.12 - Reimbursement and compensation of agent.

244.12  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.History:  2009 a. 319.
WI Stat § 244.13 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 244 - Uniform power of attorney for finances and property.|244.13 - Agent's acceptance.

244.13  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.History:  2009 a. 319.
WI Stat § 244.15 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 244 - Uniform power of attorney for finances and property.|244.15 - Exoneration of agent.

244.15  Exoneration of agent. A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent that the provision does any of the following: (1) Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal. (2) Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.History:  2009 a. 319.
WI Stat § 244.16 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 244 - Uniform power of attorney for finances and property.|244.16 - Judicial relief.

244.16  Judicial relief. (1) The following persons may petition the circuit court of the county where the principal is present or of the county of the principal's legal residence to construe a power of attorney or review the agent's conduct, and grant appropriate relief:(a) The principal or the agent.(b) A guardian, conservator, or other fiduciary acting for the principal.(c) A person authorized to make health-care decisions for the principal.(d) The principal's spouse, parent, or descendant.(e) The principal's domestic partner.(f) An individual who would qualify as a presumptive heir of the principal.(g) A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate.(h) A governmental agency having regulatory authority to protect the welfare of the principal.(i) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare.(j) A person asked to accept the power of attorney. (2) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.History:  2009 a. 319.The relief granted under sub. (1) must fit the purpose of the action; it is not a broad invitation to the court to wade into the private attorney-client arrangements of the parties unless it is within the realm of construing a power of attorney or reviewing the conduct of an agent. The circuit court exceeded its authority under sub. (1) because the court's order limiting attorneys' fees was not aimed at remedying the attorney-in-fact's actions as attorney-in-fact. Kelly v. Brown, 2016 WI App 31, 368 Wis. 2d 353, 879 N.W.2d 127, 15-0777.
WI Stat § 244.17 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 244 - Uniform power of attorney for finances and property.|244.17 - Agent's liability.

244.17  Agent's liability. An agent who violates this chapter is liable to the principal or the principal's successors in interest for the amount required to do all of the following: (1) Restore the value of the principal's property to what it would have been had the violation not occurred. (2) Reimburse the principal or the principal's successors in interest for the attorney fees and costs paid on the agent's behalf.History:  2009 a. 319.