Section 10.75. Power of attorney.

 

(1)  As used in this section, "power of attorney" includes all of the following:

(a) A uniform statutory power of attorney as set forth in s. 244.61 , Stats.

(b) A uniform statutory power of attorney as defined under and containing the language required in a uniform statutory power of attorney act enacted by a jurisdiction other than the state of Wisconsin, provided the power of attorney meets the requirements of and does not conflict with s. 244.61 , Stats.

(c) A durable power of attorney as defined in s. 244.02 (3) , Stats.

(d) A durable power of attorney as defined under and containing the language required in a uniform durable power of attorney act enacted by a jurisdiction other than the state of Wisconsin, provided the power of attorney meets the requirements of and does not conflict with s. 244.02 (3) , Stats.

(e) A person's common law authorization, whether durable or non-durable, to act as the person's agent under a power of attorney.

(1m)  

(a) A power of attorney document signed before September 1, 2010, is presumed to be non-durable unless the power of attorney document specifies that it is durable.

(b) A power of attorney document signed on or after September 1, 2010, is presumed to be durable unless the power of attorney document specifies that it is non-durable.

(2)  The department or the Wisconsin deferred compensation program administrator, as applicable, shall accept the agent's signature in lieu of the principal's signature for all transactions for which the department or the Wisconsin deferred compensation program administrator requires the principal's signature, provided that all of the following conditions are met:

(a) The department or the Wisconsin deferred compensation program administrator, as applicable, received either the original of the power of attorney which is dated and signed by the person granting the power of attorney, or a legible facsimile copy or e-mail attachment, subject to s. ETF 10.82 . The department or the Wisconsin deferred compensation program administrator, as applicable, may require additional documentation deemed necessary to verify that the power of attorney remains in effect.

(b) The appointment under power of attorney has not terminated or expired.

(c) The powers delegated under the power of attorney include authority to make the transaction authorized by the agent.

(d) If requested by the department or the Wisconsin deferred compensation program administrator, the agent certifies that he or she does not have knowledge of the termination of the appointment, the principal's death, or if applicable, the principal's incapacitation. If the department or the Wisconsin deferred compensation program administrator requests such certification, and the agent does not provide the certification as requested, the department or the Wisconsin deferred compensation program administrator may decline to act upon the request.

(e) If the power of attorney is conditioned on the incapacitation of the principal, upon request of the department or the Wisconsin deferred compensation program administrator the agent provides evidence satisfactory to the department or the Wisconsin deferred compensation program administrator that the principal has become incapacitated.

(f) Subject to par. (c) , the department and the Wisconsin deferred compensation program administrator, as applicable, shall treat as valid any beneficiary designation received prior to the principal's death that is signed by the agent, without regard to the date on which the power of attorney was executed by the principal or the date on which the department or the Wisconsin deferred compensation program administrator receives the beneficiary designation form, provided that the agent signed the beneficiary designation on or after the date on which the principal executed the power of attorney granting that authority to the agent.

(3)  

(a) The department or the Wisconsin deferred compensation program administrator, as applicable, shall review acknowledged power of attorney documents for technical completeness, and will reject any that are technically deficient within 10 days after receipt by the department.

(b) The department and the Wisconsin deferred compensation program administrator, as applicable, shall not honor transaction requests by the agent for which the power of attorney document does not grant authority to the agent, regardless of whether the agent's request is rejected within 10 days after the department received the agent's request.

(c) The effective dates of certain transactions are based on the receipt date of either the transaction request or certain documents, such as a benefit application. If the department receives such a transaction request from the agent, but either has not received the power of attorney or the department requests certification under sub. (2) (d) , the department must receive the requested certification or the power of attorney within 30 days after the department's notification to the agent that the power of attorney or certification is required. If the department receives the certification or power of attorney within 30 days, the effective date of the transaction requested will be based on the original date on which the department received the transaction request.

(d) Paragraph (c) shall not apply if the principal executed the power of attorney after the date on which the department received the transaction request.

(e) A document signed by the agent prior to the date on which the power of attorney becomes effective shall have no force or effect.

(4)  

(a) If the principal has granted joint power of attorney to co-agents, the department or the Wisconsin deferred compensation program administrator, as applicable, shall require the signature of each agent on any transaction that requires the principal's signature.

(b) If the principal has granted separate power of attorney to more than one agent, each with independent authority, the department and the Wisconsin deferred compensation program administrator, as applicable, shall honor transaction requests signed by any single agent, subject to sub. (2) (c) .

(c) If agents under par. (b) request to execute conflicting transactions, the department or the Wisconsin deferred compensation program administrator, as applicable, may decline to act upon the requests of one or more of the agents if it is determined to be in the best interests of the principal.

(5)  The department or the Wisconsin deferred compensation program administrator, as applicable, may decline to act upon the request of an agent acting under an alleged power of attorney if there is reason to believe that the purported agent is not the appointed person, the appointment is not in effect, the authority of the power of attorney does not extend to the particular transaction, or the power of attorney is otherwise defective.

(6)  

(a) Unless otherwise specified in the power of attorney, if the agent is the principal's spouse or domestic partner as defined in s. 770.01 (1) , Stats., the power of attorney terminates if an action is filed for the dissolution of the agent's marriage to the principal or the domestic partnership of the principal and agent is terminated.

(b) Unless otherwise specified in the power of attorney, if the agent is the principal's domestic partner as defined in s. 40.02 (21c) , Stats., the power of attorney does not automatically terminate if only the domestic partnership as defined in s. 40.02 (21d) , Stats., terminates.

Cr. Register, September, 1986, No. 369 , eff. 10-1-86; r. and recr. Register, December, 1996, No. 492 , eff. 1-1-97; CR 04-104 : am. (2) (a) Register July 2005 No. 595 , eff. 8-1-05; CR 10-138 : r. and recr. Register August 2011 No. 668 , eff. 9-1-11.