Wisconsin Statutes 244.20 – Refusal to accept acknowledged power of attorney
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Terms Used In Wisconsin Statutes 244.20
- Adult: means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained the age of 17 years. See Wisconsin Statutes 990.01
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(1) A person may, in good faith, refuse to accept an acknowledged power of attorney within 10 business days of presentment if any of the following applies:
(a) The person is not otherwise required to engage in a transaction with the principal in the same circumstances.
(b) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal or state law.
(c) The person has actual knowledge of the termination of the agent’s authority or of the power of attorney before exercise of the power of attorney.
(d) A request for a certification, a translation, or an opinion of counsel under s. 244.19 (4) is refused.
(e) The person believes that the power of attorney is not valid, that the agent does not have the authority to perform the act requested, or that the person presenting the power of attorney is not the agent named in the power of attorney, whether or not a certification, a translation, or an opinion of counsel under s. 244.19 (4) has been requested or provided.
(f) The person makes, or has actual knowledge that another person has made, a report to the designated adult at risk or elder adult at risk agency, or to a law enforcement agency, stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.
(g) The person brought, or has actual knowledge that another person has brought, an action under s. 244.16 for construction of a power of attorney or review of the agent’s conduct.
(h) The power of attorney becomes effective upon the occurrence of an event or contingency, and neither a certification nor evidence of the occurrence of the event or contingency is presented to the person being asked to accept the power of attorney.
(i) The person has any other reasonable belief that the power of attorney is illegal or unenforceable and should be refused.
(2) A person may not refuse to accept an acknowledged power of attorney if any of the following applies:
(a) The person’s reason for refusal is based exclusively on the date the power of attorney was executed.
(b) The person’s reason for refusal is based exclusively on a mandate that an additional or different power of attorney form must be used.
(c) The person has no good faith basis for refusal under sub. (1).
(3) If a person requests a certification, a translation, or an opinion of counsel under s. 244.19 (4), the person shall accept the power of attorney no later than 5 business days after receipt of the certification, translation, or opinion of counsel, provided that there is no other good faith reason to refuse under sub. (1).
(4) It is not a refusal to accept an acknowledged power of attorney if any of the following applies:
(a) The person requests but does not require that an additional or different power of attorney form be used.
(b) The person has requested but has not received a certification, a translation, or an opinion of counsel under s. 244.19 (4).
(5) If a person refuses to accept an acknowledged power of attorney in violation of this section, the person requesting the acceptance may request that a court order all of the following:
(a) Acceptance of the power of attorney.
(b) In any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney, payment of reasonable attorney fees, notwithstanding s. 814.04 (1), and costs by the person who refuses to accept the power of attorney.
(6) If a court determines that a proceeding to mandate acceptance of an acknowledged power of attorney was brought other than in good faith, the court may award reasonable attorney fees and costs to the prevailing party.