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.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 244 - Uniform power of attorney for finances and property.
244.04 - Power of attorney is durable.
244.05 - Execution of power of attorney.
244.06 - Validity of power of attorney.
244.07 - Meaning and effect of power of attorney.
244.08 - Nomination of guardian; relation of agent to court-appointed fiduciary.
244.09 - When a power of attorney is effective.
244.10 - Termination of power of attorney or agent's authority.
244.11 - Coagents and successor agents.
244.12 - Reimbursement and compensation of agent.
244.15 - Exoneration of agent.
244.18 - Agent's resignation; notice.
244.19 - Protection of persons that accept and rely upon an acknowledged power of attorney.
244.20 - Refusal to accept acknowledged power of attorney.
244.21 - Laws applicable to financial institutions and entities.
244.41 - Authority that requires specific grant, grant of general authority.
244.42 - Incorporation of authority.
244.43 - Construction of authority generally.
244.45 - Tangible personal property.
244.47 - Commodities and options.
244.48 - Banks and other financial institutions.
244.49 - Operation of entity or business.
244.50 - Insurance and annuities.
244.51 - Estates, trusts, and other beneficial interests.
244.52 - Claims and litigation.
244.53 - Personal and family maintenance.
244.54 - Benefits from governmental programs or civil or military service.
244.61 - Statutory Form Power of Attorney for Finances and Property.
244.62 - Agent's certification.