244.52 Claims and litigation. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to do all of the following:
(1) Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief.
(2) Bring an action to determine adverse claims or intervene or otherwise participate in litigation.
(3) Seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use any available procedure to effect or satisfy a judgment, order, or decree.
(4) Make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation.
(5) Submit to alternative dispute resolution, settle, and propose or accept a compromise.
(6) Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation.
(7) Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value.
(8) Pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation.
(9) Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
History: 2009 a. 319.
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.