Wisconsin Statutes 244.16 – Judicial relief
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 244.16
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Fiduciary: A trustee, executor, or administrator.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Property: includes real and personal property. See Wisconsin Statutes 990.01
(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.