54.15 (7) Nonprofit corporation as guardian Private nonprofit corporation or other entity. A private nonprofit corporation organized under ch. 181, 187, or 188 is qualified to act or an unincorporated association that is approved by the court may be appointed as guardian of the person or of the property estate or both, of an individual found to be in need of guardianship under s. 880.33, if a proposed ward, if no suitable individual is available as guardian and the department of health and family services, under rules established promulgated under ch. 55 this chapter, finds the corporation or association to be a suitable agency to perform such duties.
880.36 (title) of the statutes is renumbered 54.52 (title).
880.36 (1) of the statutes is renumbered 54.52 (1) and amended to read:
54.52 (1) A person may at any time bring a petition for the appointment of a standby guardian of the person or property or both estate of a minor or person found incompetent under s. 880.08 to assume the duty and authority of guardianship on the death, incapacity or resignation of the initially appointed guardian may be brought under this chapter at any time. A an individual who is determined under s. 54.10 to be incompetent, a minor, or a spendthrift, except that, as specified in s. 48.97 a petition for the appointment of a standby guardian of the person or property or both of a minor to assume the duty and authority of guardianship on the incapacity, death, or debilitation and consent, of the minor's parent shall may be brought under s. 48.978.
880.36 (2) of the statutes is renumbered 54.52 (2) and amended to read:
54.52 (2) At any hearing conducted under this section the court may designate one or more standby guardians of the person or property estate whose appointment shall become effective immediately upon the death, incapacity unwillingness, or inability to act, or resignation or court's removal of the initially appointed guardian or during a period, as determined by the initially appointed guardian, when the initially appointed guardian or the court is temporarily unable to fulfill his or her duties, including during an extended vacation or illness. The powers and duties of the standby guardian shall be the same as those of the initially appointed guardian. The standby guardian shall receive a copy of the court order establishing or modifying the initial guardianship, and the order designating the standby guardian. Upon assuming office, the standby guardian shall so notify the court. Upon notification, the court shall issue new letters of guardianship that specify that the standby guardianship is permanent or that specify the time period for a limited standby guardianship.
880.37 of the statutes is repealed.
880.38 (title) of the statutes is renumbered 54.25 (title) and amended to read:
54.25 (title) Guardian Duties and powers of guardian of the person of incompetent.
880.38 (1) of the statutes is repealed.
880.38 (2) of the statutes is renumbered 54.25 (1) (b) (intro.) and amended to read:
54.25 (1) (b) (intro.) A guardian of the person shall endeavor Endeavor to secure any necessary care, or services or appropriate protective placement on behalf of
for the ward. that are in the ward's best interests, based on all of the following:
880.38 (3) of the statutes is renumbered 54.25 (1) (a) and amended to read:
54.25 (1) (a) A guardian of the person of an incompetent appointed under s. 880.33 shall make Make an annual report on the condition of the ward to the court that ordered the guardianship and to the county department designated under s. 55.02. That county department shall develop reporting requirements for the guardian of the person. The report shall include, but not be limited to, the location of the ward, the health condition of the ward, any recommendations regarding the ward, and a statement
of as to whether or not the ward is living in the least restrictive environment consistent with the needs of the ward. The guardian may fulfill the requirement under this subsection by submitting the report required under s. 55.06 (10).
880.39 (title) of the statutes is repealed.
880.39 of the statutes is renumbered 54.18 (4) and amended to read:
54.18 (4) Any A guardian of the person or of the estate is immune from civil liability for his or her acts or omissions in performing the duties of the guardianship if he or she performs the duties in good faith, in the best interests of the ward, and with the degree of diligence and prudence that an ordinarily prudent person exercises in his or her own affairs.
Subchapter II (title) of chapter 880 [precedes 880.60] of the statutes, as affected by 2005 Wisconsin Act 22
, is repealed.
880.60 (1) (intro.) of the statutes is renumbered 54.852 (1) (intro.).
880.60 (1) (b) to (g), (2) to (4) and (5) (title) and (a) of the statutes are renumbered 54.852 (1) (b) to (g), (2) to (4) and (5) (title) and (a), and 54.852 (1) (d) and (g), as renumbered, are amended to read:
54.852 (1) (d) "Guardian" Notwithstanding s. 54.01 (10), "guardian" means any fiduciary for the person or estate of a ward.
(g) "Ward" Notwithstanding s. 54.01 (37), "ward" means a beneficiary of an individual who receives benefits from the U.S. department of veterans affairs.
880.60 (5) (c) and (d) and (6) to (18) of the statutes are renumbered 54.852 (5) (c) and (d) and (6) to (18), and 54.852 (10) (a) and (12), as renumbered, are amended to read:
54.852 (10) (a) Every guardian shall file his or her accounts as required by this chapter and shall be excused from filing accounts in the case as provided by s. 880.25 (3) 54.66 (2).
(12) Compensation of guardians. Guardians shall be compensated as provided in s. 880.24 (1) 54.72.
880.60 (20) and (21) of the statutes are renumbered 54.852 (20) and (21).
Subchapter III (title) of chapter 880 [precedes 880.61] of the statutes is repealed.
880.61 of the statutes is renumbered 54.854, and 54.854 (intro.), (3) to (6), (10), (11), (13) and (14), as renumbered, are amended to read:
54.854 (title) Definitions
Uniform transfers to minors act; definitions. (intro.) In ss. 880.61 to 880.72 54.854 to 54.898:
(3) "Conservator" Notwithstanding s. 54.01 (3), "conservator" means a person appointed or qualified by a court to act as general, limited or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.
(4) "Court" Notwithstanding s. 54.01 (4), "court" means the circuit court.
(5) "Custodial property" means any interest in property transferred to a custodian under ss. 880.61 to 880.72 54.854 to 54.898 and the income from and proceeds of that interest in property.
(6) "Custodian" means a person so designated under s. 880.65 54.870 or a successor or substitute custodian designated under s. 880.695 54.888.
(10) "Minor" Notwithstanding s. 54.01 (20), "minor" means an individual who has not attained the age of 21 years.
(11) "Personal representative"
Notwithstanding s. 54.01 (23), "personal representative" means an executor, administrator, successor personal representative or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions.
(13) "Transfer" means a transaction that creates custodial property under s. 880.65 54.870.
(14) "Transferor" means a person who makes a transfer under ss. 880.61 to 880.72 54.854 to 54.898.
880.615 of the statutes is renumbered 54.856, and 54.856 (1) and (2), as renumbered, are amended to read:
54.856 (1) Sections 880.61 to 880.72
54.854 to 54.898 apply to a transfer that refers to ss. 880.61 to 880.72 54.854 to 54.898 in the designation under s. 880.65 54.870 (1) by which the transfer is made if at the time of the transfer the transferor, the minor or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to ss. 880.61 to 880.72 54.854 to 54.898 despite a subsequent change in residence of a transferor, the minor or the custodian, or the removal of custodial property from this state.
(2) A person designated as custodian under s. 880.65 to 880.695 54.870 to 54.888 is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.