reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 242 - Uniform fraudulent transfer act. › 242.04 - Transfers fraudulent as to present and future creditors.

242.04
Transfers fraudulent as to present and future creditors.
(1)
A transfer made or obligations incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
(a)
With actual intent to hinder, delay or defraud any creditor of the debtor; or
(b)
Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
1.
Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
2.
Intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.
(2)
In determining actual intent under sub. (1) (a), consideration may be given, among other factors, to whether:
(a)
The transfer or obligation was to an insider;
(b)
The debtor retained possession or control of the property transferred after the transfer;
(c)
The transfer or the obligation was disclosed or concealed;
(d)
Before the transfer was made or the obligation was incurred, the debtor had been sued or threatened with suit;
(e)
The transfer was of substantially all the debtor's assets;
(f)
The debtor absconded;
(g)
The debtor removed or concealed assets;
(h)
The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(i)
The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(j)
The transfer occurred shortly before or shortly after a substantial debt was incurred; and
(k)
The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
History:  1987 a. 192.
Federal law does not preclude a labor union from bringing a state action for an alleged fraudulent conveyance by an employer when the claim does not require substantial interpretation of a collective bargaining agreement. International Machinist Association v. United States Can Co., 150 Wis. 2d 479, 441 N.W.2d 710 (1989).
The Wisconsin Uniform Fraudulent Transfer Act exists independently from the common law history of the law of fraudulent conveyances and fulfills a purpose quite separate from that of the fraudulent transaction exception to the rule of successor non-liability. Whereas the Act is designed to assist creditors in collecting on claims that may be frustrated by recent asset transfers, the fraudulent transaction exception is a doctrine that prevents successor companies from avoiding obligations incurred by their predecessors. This chapter has not supplanted the common law fraudulent transaction exception to the rule of successor non-liability. Springer v. Nohl Electric Products Corporation, 2018 WI 48, 381 Wis. 2d 438, 912 N.W.2d 1, 15-0829.
2023 Wisconsin Statutes & Annotations › Chapter 242 - Uniform fraudulent transfer act. › 242.05 - Transfers fraudulent as to present creditors.

242.05
Transfers fraudulent as to present creditors.
(1)
A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
(2)
A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time and the insider had reasonable cause to believe that the debtor was insolvent.
History:  1987 a. 192.
Unlike other provisions of the Uniform Fraudulent Transfer Act governing transfers made with fraudulent intent, this section deems certain transactions constructively fraudulent based on the circumstances of the transfer. Proving fraudulent intent is not necessary under this section. Beck v. BidRX, LLC, 2018 WI App 61, 384 Wis. 2d 207, 918 N.W.2d 96, 17-2043.
Sub. (2) addresses “preferential transfers," a novel category of fraudulent transaction based on bankruptcy principles that attacks a transfer by an insolvent debtor to pay an antecedent debt to a preferred insider. The provision is aimed at diminishing the sometimes unfair advantages insiders possess when they are familiar with the debtor's financial status. A person attacking a transfer under sub. (2) must show that the debtor is improperly preferring insider creditors over others. Beck v. BidRX, LLC, 2018 WI App 61, 384 Wis. 2d 207, 918 N.W.2d 96, 17-2043.
The evidence in this case was insufficient to prove a fraudulent transfer under sub. (2) because no evidence was introduced showing that the allegedly fraudulent transfers were made to satisfy an antecedent debt. The fact of a transfer to an insider is not enough; it is the preferential payment of prior debts to insiders to which sub. (2) is addressed. Beck v. BidRX, LLC, 2018 WI App 61, 384 Wis. 2d 207, 918 N.W.2d 96, 17-2043.
Intent to defraud need not be proved under this section. DeWitt, Porter v. Kovalic, 991 F.2d 1243 (1993).
2023 Wisconsin Statutes & Annotations › Chapter 242 - Uniform fraudulent transfer act. › 242.06 - When transfer is made or obligation is incurred.

242.06
When transfer is made or obligation is incurred.
For the purposes of this chapter:
(1)
A transfer is made:
(a)
With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee.
(b)
With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien other than under this chapter that is superior to the interest of the transferee.
(2)
If applicable law permits the transfer to be perfected as provided in sub. (1) and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action.
(3)
If applicable law does not permit the transfer to be perfected as provided in sub. (1), the transfer is made when it becomes effective between the debtor and the transferee.
(4)
A transfer is not made until the debtor has acquired rights in the asset transferred.
(5)
An obligation is incurred:
(a)
If oral, when it becomes effective between the parties.
(b)
If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.
History:  1987 a. 192.
Sub. (1) requires viewing a transfer exclusively from the perspective of the creditor and not a transferee. What the transferees may have believed regarding with whom they were dealing is irrelevant under sub. (1). The good-faith defense under s. 242.08 (1) applies only to claims made under s. 242.04 (1) (a), not to claims under this section. Badger State Bank v. Taylor, 2004 WI 128, 276 Wis. 2d 312, 688 N.W.2d 439, 03-0750.
2023 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; or
3.
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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 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).
(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; 2021 a. 131.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Wisconsin Statutes & Annotations › Chapter 244 - Uniform power of attorney for finances and property. › 244.18 - Agent's resignation; notice.

244.18
Agent's resignation; notice.
Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated, to any of the following:
(1)
To the guardian, if one has been appointed for the principal, and a coagent or successor agent.
(2)
If there is no person described in sub. (1), to any of the following:
(a)
The principal's caregiver.
(b)
Another person reasonably believed by the agent to have sufficient interest in the principal's welfare.
(c)
A governmental agency having regulatory authority to protect the welfare of the principal.
History:  2009 a. 319.
2023 Wisconsin Statutes & Annotations › Chapter 244 - Uniform power of attorney for finances and property. › 244.19 - Protection of persons that accept and rely upon an acknowledged power of attorney.

244.19
Protection of persons that accept and rely upon an acknowledged power of attorney.
(1)
For purposes of this section and s. 244.20, “acknowledged" means the taking of an acknowledgment before a notarial officer authorized to take acknowledgements under ch. 140.
(2)
A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under s. 244.05 that the signature is genuine.
(3)
(a)
A person that in good faith accepts an acknowledged power of attorney without actual knowledge of any of the following may act as provided in par. (b):
1.
That the power of attorney is void, invalid, or terminated.
2.
That the purported agent's authority is void, invalid, or terminated.
3.
That the agent is exceeding or improperly exercising the agent's authority.
(b)
A person described in par. (a) may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent's authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority.
(4)
A person who is asked to accept an acknowledged power of attorney may request and rely upon, without further investigation, all of the following:
(a)
An agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney.
(b)
An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English.
(c)
An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.
(5)
An English translation or an opinion of counsel requested under this section must be provided at the principal's expense.
(6)
For purposes of this section, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.
History:  2009 a. 319; 2019 a. 125.
2023 Wisconsin Statutes & Annotations › Chapter 244 - Uniform power of attorney for finances and property. › 244.41 - Authority that requires specific grant, grant of general authority.

244.41
Authority that requires specific grant, grant of general authority.
(1)
An agent under a power of attorney may do any of the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and the exercise of that authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:
(a)
Create, amend, revoke, or terminate an inter vivos trust.
(b)
Make a gift.
(c)
Create or change rights of survivorship.
(d)
Create or change a beneficiary designation.
(e)
Delegate authority granted under the power of attorney.
(f)
Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan.
(g)
Exercise fiduciary powers that the principal has authority to delegate.
(h)
Disclaim property, including a power of appointment.
(i)
Access the content of an electronic communication, as defined in s. 711.03 (6), sent or received by the principal.
(2)
Notwithstanding a grant of authority to do an act described in sub. (1), unless the power of attorney otherwise provides, an agent who is not a spouse or domestic partner of the principal, may not do any of the following:
(a)
Exercise authority under a power of attorney to create in the agent an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.
(b)
Exercise authority under a power of attorney to create in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.
(3)
Subject to subs. (1), (2), (4), and (5), if a power of attorney grants to an agent the authority to do all acts that a principal could do, the agent has the general authority described in ss. 244.44 to 244.56.
(4)
Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to s. 244.57.
(5)
Subject to subs. (1), (2), and (4), if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.
(6)
Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.
(7)
An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.
History:  2009 a. 319; 2015 a. 300.
The Face of Elder Financial Exploitation. Johnson, Fioretti, & Trecartin. Wis. Law. Mar. 2020.
2023 Wisconsin Statutes & Annotations › Chapter 244 - Uniform power of attorney for finances and property. › 244.42 - Incorporation of authority.

244.42
Incorporation of authority.
(1)
An agent has the authority described in this subchapter if the power of attorney refers to general authority as indicated by section titles for ss. 244.44 to 244.56 or cites the section in which the authority is described.
(2)
A reference in a power of attorney to general authority with respect to the descriptive term for a subject in ss. 244.44 to 244.56 or a citation to any of ss. 244.44 to 244.56 incorporates the entire section as if it were set out in full in the power of attorney.
(3)
A principal may modify authority incorporated by reference.
History:  2009 a. 319.
2023 Wisconsin Statutes & Annotations › Chapter 244 - Uniform power of attorney for finances and property. › 244.43 - Construction of authority generally.

244.43
Construction of authority generally.
Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in ss. 244.44 to 244.56 or that grants to an agent authority to do all acts that a principal could do under s. 244.41 (3), a principal authorizes the agent, with respect to that subject, to do all of the following:
(1)
Demand, receive, and obtain by any lawful means, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended.
(2)
Contract with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal.
(3)
Execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating a schedule listing some or all of the principal's property and attaching it to the power of attorney.
(4)
Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim.
(5)
Seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney.
(6)
Engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor.
(7)
Prepare, execute, and file a record, report, or other document to safeguard or promote the principal's interest under a statute, rule, or regulation.
(8)
Communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal.
(9)
Access communications intended for, and communicate on behalf of, the principal by any means.
(10)
Do any lawful act with respect to a subject described in ss. 244.44 to 244.56 and all property related to that subject.
History:  2009 a. 319.
2023 Wisconsin Statutes & Annotations › Chapter 244 - Uniform power of attorney for finances and property. › 244.44 - Real property.

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 property.
(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.
History:  2009 a. 319.
2023 Wisconsin Statutes & Annotations › Chapter 244 - Uniform power of attorney for finances and property. › 244.445 - Digital property.

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 desktops, 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 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.
History:  2015 a. 300; 2017 a. 365.
2023 Wisconsin Statutes & Annotations › Chapter 244 - Uniform power of attorney for finances and property. › 244.45 - Tangible personal property.

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.
History:  2009 a. 319.