Senate Bill 529
Uniform power of attorney for finances and property
Topics: Power of attorney, Uniform legislation
Stopped before the full Senate voted
The recommended passing it, but the full Senate never voted on it. To try again, a lawmaker would have to start a new bill.
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Introduced, passed
Feb 9, 2010
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Committee, passed
Approved
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Senate vote, stopped here
Stopped here. The full Senate never voted on it.
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Assembly vote, not reached
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Governor, not reached
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Law, not reached
Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ”
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Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Current law includes language that is based on the Uniform Durable Power of Attorney Act, as approved by the National Conference of Commissioners on Uniform State Laws in 1979. Under that uniform act, the traditional power of an agent to act on behalf of the principal in legal or business matters may be made durable. A durable power of attorney is a power that continues or, sometimes, begins after the principal becomes incapacitated. Current law also includes a statutory power of attorney form based on the Uniform Statutory Power of Attorney Act, which provides a statutory power of attorney form that is legally sufficient.
This bill adopts the Uniform Power of Attorney Act to provide the statutory authorization for a person to act on someone else's behalf in legal or business matters.
Read the full summary Show less
The new uniform act supersedes both prior uniform acts. The person authorized to act is the "agent," and the person granting the authorization is the "principal." The durable power of attorney offers a method of surrogate decision making for persons whose modest assets may not justify incapacity planning with a trust. The durable power of attorney is also used to avoid guardianship.
This bill includes definitions and general rules that are not in current law. The term "incapacity" replaces the term "disability" used in current law. The bill's definition of "incapacity" is consistent with the standard for appointment of a guardian under current law. Under the bill, a power of attorney is durable unless it contains express language indicating otherwise. The bill also provides that, unless the principal specifies that the power of attorney is to become effective upon a future date or event, the authority of an agent becomes effective when the power of attorney is executed. Current law requires express language to make the power durable and is silent on when the agent's authority becomes effective.
The bill provides that the authority granted to a principal's spouse is revoked upon the commencement of proceedings for legal separation, marital dissolution, or annulment. The bill also provides that the authority granted to the principal's domestic partner is revoked if the domestic partnership is terminated. The bill also provides guidance where there is none in current law regarding the default rules for co-agents' and successor agents' reimbursement and compensation, an agent's acceptance of appointment, the agent's duties, and an agent's resignation. The bill sets out a comprehensive list of persons who may petition the court to review the agent's conduct, and addresses agent liability.
The bill includes a new provision that protects persons who in good faith accept an acknowledged power of attorney without actual knowledge that the power of attorney is revoked, terminated, or invalid or that the agent is exceeding or improperly exercising the agent's powers.
The bill specifies when a person may, in good faith, refuse to accept an acknowledged power of attorney. For example, a person may refuse if the power of attorney would be inconsistent with federal law, when the person has actual knowledge of the termination of the agent's authority, when the person believes the power of attorney is not valid, when the power of attorney becomes effective upon the occurrence of another event that the person does not have evidence of having occurred, and when the person has reasonable belief that the power of attorney is illegal. The bill allows a person whose power of attorney is not accepted to ask a court to order the other person to accept the power of attorney and to pay the costs and attorney fees incurred by the person seeking the court order.
The bill clarifies that the power of attorney is supplemented by the principles of common law to the extent those principles are not displaced by specific provisions and that the new statutory language is not intended to supersede any law applicable to financial institutions or insurance businesses. The bill further provides that the remedies under the bill are not exclusive and do not abrogate any other cause of action or remedy that may be available under current law.
The bill offers detailed descriptions of the authority under the power of attorney relating to subjects such as "real property," "retirement plans," and "taxes." A principal may, under the bill, incorporate a particular authority in full into the power of attorney either by a reference to the short descriptive term for the subject used in the bill or by a reference to the statutory section number. The bill also addresses concerns about certain types of authority that might be used to dissipate the principal's property or alter the principal's estate plan by listing specific types of authority that cannot be inferred from a grant of general authority, but which may be granted only through express language in the power of attorney. The bill contains a default rule prohibiting an agent, other than the principal's spouse or domestic partner, from making a gift to the agent or certain other persons. Current statutory language is silent on these issues.
Finally, the bill includes the statutory durable power of attorney form. As under current law, the statutory form is optional and is designed for use by lawyers as well as laypersons. The form in this bill contains, in plain language, instructions to the principal and agent. Step-by-step prompts are given for designation of the agent and successor agents, and the granting of of general and specific authority. In the section of the form addressing general authority, the principal must initial the subjects over which the principal wishes to delegate general authority to the agent.
The bill also contains a sample agent certification form.
Who's behind it
3 senators are its . All 3 are Democrats.
8 more lawmakers .
See all 11 names Hide the names
Authors (3)
- John Lehman · Democrat, Senate
- Fred A. Risser · Democrat, Senate
- Lena Taylor · Democrat, Senate
Signed on in support (8)
- Terese Berceau · Democrat, Assembly
- David Cullen · Democrat, Assembly
- Louis Molepske Jr. · Democrat, Assembly
- Kelda Roys · Democrat, Senate
- Jeff Smith · Democrat, Senate
- Robert Turner · Democrat, Assembly
- Robin Vos · Republican, Assembly
- Josh Zepnick · Democrat, Assembly
Versions and amendments
Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.
How lawmakers voted
There was one vote on this bill.
Senate Committee on Judiciary vote on an amendment
Passed, 5 to 0 · Mar 4, 2010
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report adoption of Senate Amendment 1 recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 5, Noes 0”. Official record · This vote on its own page
What happened
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Apr 28, 2010
The session ended, and the bill died with it.
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Mar 4, 2010
The committee voted to recommend passing it, 5 to 0.
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Mar 4, 2010
“Report adoption of Senate Amendment 1 recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 5, Noes 0” (the official wording)
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Feb 18, 2010
The committee held a public hearing.
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Feb 9, 2010
Sent to the Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.
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Feb 9, 2010
Introduced in the Senate.
See the official record, word for word Hide the official record
- Feb 9, 2010 · Senate
Introduced by Senators Risser, Taylor and Lehman;Cosponsored by Representatives Cullen, Molepske Jr., Turner, Berceau, Vos, Zepnick, Smith and Roys
- Feb 9, 2010 · Senate
Read first time and referred to committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing
- Feb 18, 2010 · Senate
Public hearing held
- Feb 22, 2010 · Senate
Senate amendment 1 offered by Senator Risser
- Mar 3, 2010 · Senate
Executive action taken
- Mar 4, 2010 · Senate
Report adoption of Senate Amendment 1 recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 5, Noes 0
- Mar 4, 2010 · Senate
Report passage as amended recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 5, Noes 0
- Mar 4, 2010 · Senate
Available for scheduling
- Mar 10, 2010 · Senate
LRB correction
- Apr 8, 2010 · Senate
Placed on calendar 4-13-2010 pursuant to Senate Rule 18(1)
- Apr 13, 2010 · Senate
Read a second time
- Apr 13, 2010 · Senate
Laid on the table
- Apr 28, 2010 · Senate
Failed to pass pursuant to Senate Joint Resolution 1
Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote