Wisconsin Statutes 244.19 – Protection of persons that accept and rely upon an acknowledged power of attorney
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Terms Used In Wisconsin Statutes 244.19
- 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
- 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
(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.