Date of enactment: November 17, 1995
1995 Senate Bill 98
Date of publication*: December 4, 1995
1995 WISCONSIN ACT 73
An Act to amend 48.831 (1m) (e) and 808.075 (4) (f) 4.; and to repeal and recreate 880.17 of the statutes; relating to: the appointment of a successor guardian.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
48.831 (1m) (e) of the statutes is amended to read:
48.831 (1m) (e) A guardian appointed under ch. 880 whose resignation as guardian has been accepted by a court under s. 880.17 (1).
808.075 (4) (f) 4. of the statutes is amended to read:
808.075 (4) (f) 4. Appointment of successor guardian under s. 880.17 (1).
880.17 of the statutes is repealed and recreated to read:
880.17 Successor guardian. (1) Appointment. When a guardian dies, is removed by order of the court, or resigns and the resignation is accepted by the court, the court, on its own motion or upon petition of any interested person, may appoint a competent and suitable person as successor guardian. The court may, upon request of any interested person or on its own motion, direct that a petition for appointment of a successor guardian be heard in the same manner and subject to the same requirements as provided under this chapter for an original appointment of a guardian.
(2) Notice. If the appointment under sub. (1) is made without hearing, the successor guardian shall provide notice to the ward and all interested persons of the appointment, the right to counsel and the right to petition for reconsideration of the successor guardian. The notice shall be served personally or by mail not later than 10 days after the appointment.
(1) This act first applies to the death, removal or resignation of a guardian that occurs on the effective date of this subsection.