March 9, 2010 – The state Assembly gave its approval by voice vote on March 4 to AB 704, a bill that would update Wisconsin’s durable power of attorney law. The revised law is intended to promote acceptance of durable powers of attorney and address problems in the current law that allow abuses.

A Senate companion bill (SB 529) was recommended for passage by the Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing on March 3.

The Uniform Power of Attorney Act is the product of a multi-year review of proposals developed by the Uniform Law Commission and is designed to protect those persons who wish to name an agent under a durable power attorney while also offering transparency and protection for those who are asked to accept the powers of attorney. The State Bar’s Real Property, Probate, and Trust Section and the Elder Law Section were involved in the bill’s development and have endorsed the proposed changes.

Final action on the proposal is anticipated in mid-April, when the Legislature returns to Madison for a final general business floor period. For more information please see the previous article or contact Cale Battles of the State Bar’s Government Relations Team at (800) 444-9404, ext. 6077 or (608) 250-6077.

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