2017 Wisconsin Statutes & Annotations
Chapter 244. Uniform power of attorney for finances and property.
244.16 Judicial relief.
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.
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, ___ Wis. 2d ___, ___ N.W.2d ___, 15-0777.
