880.192 History
History: 1971 c. 41 s.
8; Stats. 1971 s. 880.192;
1977 c. 449.
880.195
880.195
Transfer of Menominees guardianship funds to trust. The circuit court which has appointed a guardian of the estate of any minor or incompetent who is a member of the Menominee Indian tribe as defined in
s. 49.385 or a lawful distributee thereof may direct the guardian to transfer the assets of the minor or incompetent in the guardian's possession to the trustees of the trust created by the secretary of interior or his or her delegate which receives property of the minors or incompetents transferred from the United States or any agency thereof as provided by
P.L. 83-399, as amended, and the assets shall thereafter be held, administered and distributed in accordance with the terms and conditions of the trust.
880.195 History
History: 1971 c. 41 s.
8; Stats. 1971 s. 880.195;
1977 c. 449;
1995 a. 27.
880.21
880.21
Use of estate for benefit of wards. 880.21(1)
(1)
Application of personal property and income. Every guardian shall apply the personal property or the income therefrom or from the real estate, as far as may be necessary for the suitable education, maintenance and support of the ward and of the ward's family, if there be any legally dependent upon the ward for support, and for the care and protection of the ward's real estate. The parents, brothers and sisters of incompetent veterans of all wars are declared members of the incompetent veteran's family, and all payments heretofore made pursuant to court order to any dependent member of the family of any such incompetent, as herein defined, are ratified and approved.
880.21(2)
(2) For supplementing parent's support of minor. If any minor has property which is sufficient for his or her maintenance and education in a manner more expensive than his or her parents can reasonably afford, regard being had to the situation and circumstances of the family, the expenses of the minor's education and maintenance may be defrayed out of his or her property in whole or in part, as shall be judged reasonable and be directed by the circuit court.
880.21 History
History: 1971 c. 41 s.
8; Stats. 1971 s. 880.21;
1977 c. 449;
1993 a. 486.
880.215
880.215
Lis pendens, void contracts. A certified copy of the petition and order for hearing provided for in
ss. 880.07 and
880.08 may be filed in the office of the register of deeds for the county; and if a guardian shall be appointed upon such application all contracts, except for necessaries at reasonable prices, and all gifts, sales and transfers of property made by such insane or incompetent person or spendthrift, after the filing of a certified copy of such petition and order as aforesaid, shall be void. The validity of a contract made by a person under limited guardianship is not void, however, unless the determination is made by the court in its finding under
s. 880.33 (3) that the ward is incapable of exercising the power to make contracts.
880.215 History
History: 1971 c. 41 ss.
8,
12; Stats. 1971 s. 880.215;
1973 c. 284;
1997 a. 304.
880.22(1)(1)
Payment. Every general guardian shall pay the just debts of the ward out of the ward's personal estate and the income of the ward's real estate, if sufficient, and if not, then out of the ward's real estate upon selling the same as provided by law. But a temporary guardian shall pay the debts of his or her ward only on order of the court.
880.22(2)
(2) Proceedings to adjust claims. The guardian or a creditor of any ward may apply to the court for adjustment of claims against the ward incurred prior to entry of the order appointing the guardian or the filing of a lis pendens as provided in
s. 880.215. The court shall by order fix the time and place it will adjust claims and the time within which all claims must be presented or be barred. Notice of the time and place so fixed and limited shall be given by publication as in estates of decedents; and all statutes relating to claims against and in favor of estates of decedents shall apply. As in the settlement of estates of deceased persons, after the court has made the order no action or proceeding may be commenced or maintained in any court against the ward upon any claim of which the circuit court has jurisdiction.
880.22 History
History: 1971 c. 41 ss.
8,
12; Stats. 1971 s. 880.22;
1977 c. 449;
1993 a. 486.
880.22 Annotation
This section does not authorize payment of attorney fees from the guardianship estate that were incurred by those commencing and prosecuting the guardianship action. Community Care of Milwaukee County v. Evelyn O.
214 Wis. 2d 433,
571 N.W.2d 700 (Ct. App. 1997).
880.23
880.23
Actions. The guardian shall settle all accounts of the ward and may demand, sue for, collect and receive all debts and claims for damages due him or her, or may, with the approval of the circuit court, compound and discharge the same, and shall appear for and represent his or her ward in all actions and proceedings except where another person is appointed for that purpose.
880.23 History
History: 1971 c. 41 s.
8; Stats. 1971 s. 880.23;
1977 c. 449.
880.23 Annotation
A guardian may not sue for the loss of society and companionship of a ward, nor bring a separate claim for costs incurred or income lost on account of injuries to the ward. Conant v. Physicians Plus Medical Group, Inc.
229 Wis. 2d 271,
600 N.W.2d 21 (Ct. App. 1999).
880.24
880.24
Compensation allowed from estate. 880.24(1)
(1)
Fees and expenses of guardian. Every guardian shall be allowed the amount of the guardian's reasonable expenses incurred in the execution of the guardian's trust including necessary compensation paid to attorneys, accountants, brokers and other agents and servants. The guardian shall also have such compensation for the guardian's services as the court, in which the guardian's accounts are settled, deems to be just and reasonable.
880.24(2)
(2) Ward's expenses in proceedings. When a guardian is appointed the court may allow reasonable expenses incurred by the ward in contesting the appointment.
880.24(3)(a)(a) Except as provided in
par. (b), when a guardian is appointed, the court shall award from the ward's estate payment of the petitioner's reasonable attorney fees and costs, including those fees and costs, if any, related to protective placement of the ward, unless the court finds, after considering all of the following, that it would be inequitable to do so:
880.24(3)(a)1.
1. The petitioner's interest in the matter, including any conflict of interest that the petitioner may have had in pursuing the guardianship.
880.24(3)(a)2.
2. The ability of the ward's estate to pay the petitioner's reasonable attorney fees and costs.
880.24(3)(a)3.
3. Whether the guardianship was contested and, if so, the nature of the contest.
880.24(3)(a)4.
4. Any other factors that the court considers to be relevant.
880.24(3)(b)
(b) If the court finds that the ward had executed a durable power of attorney under
s. 243.07 or a power of attorney for health care under
s. 155.05 or had engaged in other advance planning to avoid guardianship, the court may not make the award specified in
par. (a).
880.24 History
History: 1971 c. 41 s.
8; Stats. 1971 s. 880.24;
1993 a. 486;
1999 a. 183.
880.24 Annotation
Where a temporary guardian committed a clear breach of trust, the trial court had sufficient basis to award the temporary guardian no compensation. Yamat v. Verma L.B.
214 Wis. 2d 207,
571 N.W.2d 860 (Ct. App. 1997).
880.245
880.245
Accounting by agent. The circuit court, upon the application of any guardian appointed by it may order any person who has been entrusted by the guardian with any part of the estate of a decedent or ward to appear before the court, and may require the person to render a full account, on oath, of any property or papers belonging to the estate which have come to the person's possession and of his or her proceedings thereon. If the person refuses to appear and render an account the court may proceed against him or her as for contempt.
880.245 History
History: 1971 c. 41 s.
8; Stats. 1971 s. 880.245;
1977 c. 449.
880.25(1)(1)
Annual reports. Every guardian, except a corporate guardian, shall, prior to April 15 of each year, file an account under oath specifying the amount of property received and held or invested by the guardian, the nature and manner of the investment, and the guardian's receipts and expenditures during the preceding calendar year. When ordered by the court, the guardian shall within 30 days render and file a like account for any shorter term. In lieu of the filing of these accounts before April 15 of each year, the court may, by appropriate order upon motion of the guardian, direct the guardian of an estate to thereafter render and file the annual accountings within 60 days after the anniversary date of the guardian's qualification as guardian, with the accounting period from the anniversary date of qualification to the ensuing annual anniversary date. When any guardian of a minor has custody of the ward and the care of the ward's education, the guardian's report shall state the time that the ward attended school during the time for which the account is rendered and the name of the school. The guardian shall also report any change in the status of the surety upon the guardian's bond.
880.25(2)
(2) Display of assets. Upon rendering the account the guardian shall produce for examination by the court, or some person satisfactory to the court, all securities, evidences of deposit and investments reported, which shall be described in the account in sufficient detail so that they may be readily identified. It shall be ascertained whether the securities, evidences of deposit and investments correspond with the account.
880.25(3)
(3) Small estates. When the whole estate of a ward or of several wards jointly, under the same guardianship, does not exceed $1,000 in value, the guardian shall be required to render account only upon the termination of the guardian's guardianship, unless otherwise ordered by the court.
880.25(4)
(4) Examination of accounts. The account shall be promptly examined under the court's direction and if it is not satisfactory it shall be examined on 8 days' notice and the court shall make such order thereon as justice requires. Notice to the guardian may be served personally or by certified mail as the court directs. When the examination of a guardian's account is upon notice a guardian ad litem of the ward may be appointed.
880.25(5)
(5) Notice. No action by the court upon any account shall be final unless it is upon notice.
880.25 History
History: 1971 c. 41 s.
8; Stats. 1971 s. 880.25;
1987 a. 220,
403;
1993 a. 486.
880.251
880.251
Removal of guardian. If a guardian resides out of this state; neglects to render the account within the time provided by law or the order of the court; neglects to settle the estate according to law or to perform any judgment or order of the court; absconds or becomes insane or otherwise incapable or unsuitable to discharge the trust, the circuit court may remove the guardian and appoint a successor. An order of removal may not be made until the person affected has been notified, under
s. 879.67, or, if a resident, such notice as the court deems reasonable, to show cause at a specified time why he or she should not be removed.
880.251 History
History: 1971 c. 41 s.
8; Stats. 1971 s. 880.251;
1977 c. 449;
1981 c. 314.
880.252
880.252
Accounts; failure of guardian to file. If a guardian fails to file the guardian's account as required by law or ordered by the court, the court may, upon its own motion or upon the petition of any party interested, issue an order to the sheriff ordering the guardian to show cause before the court why the guardian should not immediately make and file the guardian's reports or accounts. If a guardian fails, neglects or refuses to make and file any report or account after having been cited by the court so to do, or if the guardian fails to appear in court as directed by a citation issued under direction and by authority of the court, the court may, upon its own motion or upon the petition of any interested party, issue a warrant directed to the sheriff ordering that the guardian be brought before the court to show cause why the guardian should not be punished for contempt. If the court finds that the failure, refusal or neglect is wilful or inexcusable, the guardian may be fined not to exceed $50 or imprisoned not to exceed 10 days or both.
880.252 History
History: 1971 c. 41 s.
8; Stats. 1971 s. 880.252;
1993 a. 486.
880.253
880.253
Formal accounting by guardians. The judge may at any time require an accounting by any guardian at a hearing after notice to all interested persons including sureties on the bond of a guardian. The sureties on a bond of a guardian may once in every 3-year period petition the court for such a hearing.
880.253 History
History: 1971 c. 41 s.
8; Stats. 1971 s. 880.253.
880.26
880.26
Termination of guardianship. 880.26(1)
(1)
Guardianship of the person. A guardianship of the person shall terminate when any of the following occurs:
880.26(1)(a)
(a) A minor ward attains his or her majority, unless the minor is incompetent.
880.26(1)(c)
(c) The court adjudicates a former incompetent to be competent.
880.26(2)
(2) Guardianship of the estate. A guardianship of the estate shall terminate when any of the following occurs:
880.26(2)(b)
(b) A minor ward lawfully marries and the court approves the termination.
880.26(2)(c)
(c) The court adjudicates a former incompetent or a spendthrift to be capable of handling his or her property.
880.26(2)(d)
(d) A ward dies, except when the estate can be settled as provided by
s. 880.28.
880.26(3)
(3) Depleted guardianships. When the court determines that the estate of the ward is below $5,000 and reduced to a point where it is to the advantage of the ward to dispense with the guardianship, the court may terminate the guardianship and authorize disposition of the remaining assets as provided by
s. 880.04 (2). The court, as a part of the disposition, may order a suitable amount paid to the county treasurer under order of the court or reserved in the guardianship to assure the ward a decent burial, a marker and care for the grave. In the case of an insolvent guardianship, the court may order an amount not exceeding $400 reserved in the guardianship or paid to the county treasurer under order of the court to assure the ward a decent burial.
880.26 Annotation
New grounds for termination. 54 MLR 111.
880.27
880.27
Settlement of accounts. Upon termination of a guardianship, or upon resignation, removal or death of a guardian, such guardian or the guardian's personal representative shall forthwith render the guardian's final account to the court and to the former ward, the successor guardian or the deceased ward's personal representative as the case may be. Upon approval of the account and filing proper receipts the guardian shall be discharged and the guardian's bond released.
880.27 History
History: 1971 c. 41 s.
8; Stats. 1971 s. 880.27;
1993 a. 486.
880.28
880.28
Summary settlement of small estates. When a ward dies leaving an estate which can be settled summarily under
s. 867.01, the court may approve such settlement and distribution by the guardian, without the necessity of appointing a personal representative.
880.28 History
History: 1971 c. 41 s.
8; Stats. 1971 s. 880.28;
1975 c. 200.
880.29
880.29
Delivery of property to foreign guardian. When property of a nonresident ward is in the possession of or due from a guardian or personal representative appointed in this state, the appointing court may order such property delivered to the foreign guardian upon filing a verified petition, accompanied by a copy of his or her appointment and bond, authenticated so as to be admissible in evidence, and upon 10 days' notice to the resident guardian or personal representative. Such petition shall be denied if granting it shall appear to be against the interests of the ward. The receipt of the foreign guardian for the property so delivered shall be taken and filed with the other papers in the proceeding, and a certified copy thereof shall be sent to the court which appointed such guardian.
880.29 History
History: 1971 c. 41 s.
8; Stats. 1971 s. 880.29;
1975 c. 200.
880.295
880.295
Guardian for mentally ill patient or conservator for county hospital patient or county home resident. 880.295(1)(1) When a patient in any state or county hospital or mental hospital or in any state institution for the mentally deficient, or a resident of the county home or infirmary, appears in need of a guardian, and does not have a guardian, the department of health and family services by its collection and deportation counsel, or the county corporation counsel, may apply to the circuit court of the county in which the patient resided at the time of commitment or the circuit court of the county in which the facility in which the patient resides is located for the appointment of a guardian of the person and estate, or either, or for the appointment of a conservator of the estate, and the court, upon the application, may appoint the guardian or conservator in the manner provided for the appointment of guardians under
ss. 880.08 (1) and
880.33 or for the appointment of conservators under
s. 880.31. If application is made by a corporation counsel, a copy of the petition made to the court shall be filed with the department of health and family services. If application is made by a corporation counsel for appointment of a guardian of the estate of the patient or resident, or by the patient or resident for appointment of a conservator of the patient's or resident's estate, the court may designate the county as guardian or conservator if the court finds that no relative or friend is available to serve as guardian or conservator and the county is not required to make or file any oath or give any bond or security, except in the discretion of the court making the appointment, as similarly provided under
s. 223.03 (8) in the case of the appointment of a trust company bank corporation. The court may place any limitations upon the guardianship or conservatorship as it deems to be in the best interest of the patient. Before any county employee administers the funds of a person's estate of which the county has been appointed guardian or conservator, the employee must be designated as securities agent in the classified service of the county, and the employee's designation as securities agent shall appear on all court papers which the security agent signs in the name of the county as guardian or conservator. The securities agent, before entering upon the duties, shall also furnish an official bond in such amount and with such sureties as the county board determines, subject to the prior approval of the amount by the court assigned to exercise jurisdiction. The bond shall be filed in the office of the register in probate, and a duplicate original thereof filed in the office of the county clerk. A conservatorship under this section shall be terminated by the court upon discharge of the patient unless application for continued conservatorship is made. The superintendent or director of the facility shall notify the court of the discharge of a patient for whom a guardian or conservator has been appointed under this subsection.
880.295(2)
(2) Any guardian heretofore or hereafter appointed for any such inmate, who, having property of his or her ward in his or her possession or control exceeding $200 in value, fails to pay within 3 months after receipt of any bill thereof for the ward's care and support from the department of health and family services or the agency established pursuant to
s. 46.21, shall, upon application of the collection and deportation counsel of said department or in counties having a population of 500,000 or more, the district attorney, forthwith be removed.
880.31
880.31
Voluntary proceedings; conservators. 880.31(1)
(1) Any adult resident who believes that he or she is unable properly to manage his or her property or income may voluntarily apply to the circuit court of the county of his or her residence for appointment of a conservator of the estate. Upon receipt of the application the court shall fix a time and place for hearing the application and direct to whom and in what manner notice of the hearing shall be given.
880.31(2)
(2) At the time of such hearing the applicant shall be personally examined and if the court is satisfied that the applicant desires a conservator and that the fiduciary nominated is suitable, the court may appoint the nominee as conservator and issue letters of conservatorship to the nominee upon the filing of a bond in the amount fixed by the court.
880.31(3)
(3) A conservator shall have all the powers and duties of a guardian of the property of an incompetent person. The conservator's powers shall cease upon being removed by the court or upon death of the person whose estate is being conserved.
880.31(4)
(4) Any person whose estate is under conservatorship may apply to the court at any time for termination thereof. Upon such application, the court shall fix a time and place for hearing and direct that 10 days' notice by mail be given to the person's guardian, if any, the conservator and the presumptive heirs of the applicant. Upon such hearing, the court shall, unless it is clearly shown that the applicant is incompetent, remove the conservator and order the property restored to the applicant, or if the applicant so desires and the nominee is suitable, the court may appoint a successor conservator.
880.31(5)
(5) If the court shall upon such hearing determine that the person whose estate is administered by a conservator may be incapable of handling his or her estate, the court shall order the conservatorship continued, or if the applicant so desires and the nominee is suitable, the court may appoint a successor conservator.
880.31(6)
(6) Appointment of a conservator shall not be evidence of the competency or incompetency of the person whose estate is being administered.
880.31(7)
(7) If an application for conservatorship is filed, the fee prescribed in
s. 814.66 (1) (b) shall be paid at the time of the filing of the inventory or other documents setting forth the value of the estate.
880.31 History
History: 1971 c. 41 s.
8; Stats. 1971 s. 880.31;
1975 c. 393,
421;
1977 c. 449;
1981 c. 317,
391;
1993 a. 486.
880.31 Annotation
A gift by a competent conservatee without the approval of the conservator was void. Zobel v. Fenendael,
127 Wis. 2d 382,
379 N.W.2d 887 (Ct. App. 1985).
880.32
880.32
Notes and mortgages of minor veterans. Notwithstanding any provision of this chapter or any other law to the contrary, any minor who served in the active armed forces of the United States at any time after August 27, 1940, and the husband or wife of such minor may execute in his or her own right, notes or mortgages, the payment of which is guaranteed or insured by the U.S. department of veterans affairs or the federal housing administrator under the servicemen's readjustment act of 1944 or the national housing act or any acts supplementary thereto or amendatory thereof. In connection with such transactions, such minors may sell, release or convey such mortgaged property and litigate or settle controversies arising therefrom, including the execution of releases, deeds and other necessary papers or instruments. Such notes, mortgages, releases, deeds and other necessary papers or instruments when so executed shall not be subject to avoidance by such minor or the husband or wife of such minor upon either or both of them attaining the age of 18 because of the minority of either or both of them at the time of the execution thereof.
880.32 History
History: 1971 c. 41 s.
8;
1971 c. 228 s.
36; Stats. 1971 s. 880.32;
1989 a. 56;
1997 a. 188.
880.33
880.33
Incompetency; appointment of guardian. 880.33(1)(1) Whenever it is proposed to appoint a guardian on the ground of incompetency, a licensed physician or licensed psychologist, or both, shall furnish a written statement concerning the mental condition of the proposed ward, based upon examination. The privilege under
s. 905.04 shall not apply to this statement. A copy of the statement shall be provided to the proposed ward, guardian ad litem and attorney. Prior to the examination, under this subsection, of a person alleged to be not competent to refuse psychotropic medication under
s. 880.07 (1m), the person shall be informed that his or her statements may be used as a basis for a finding of incompetency and an order for protective services, including psychotropic medication. The person shall also be informed that he or she has a right to remain silent and that the examiner is required to report to the court even if the person remains silent. The issuance of such a warning to the person prior to each examination establishes a presumption that the person understands that he or she need not speak to the examiner.
880.33(2)(a)1.1. The proposed ward has the right to counsel whether or not present at the hearing on determination of competency. The court shall in all cases require the appointment of an attorney as guardian ad litem in accordance with
s. 757.48 (1) and shall in addition require representation by full legal counsel whenever the petition contains the allegations under
s. 880.07 (1m) or if, at least 72 hours before the hearing, the alleged incompetent requests; the guardian ad litem or any other person states that the alleged incompetent is opposed to the guardianship petition; or the court determines that the interests of justice require it. The proposed ward has the right to a trial by a jury if demanded by the proposed ward, attorney or guardian ad litem, except that if the petition contains the allegations under
s. 880.07 (1m) and if notice of the time set for the hearing has previously been provided to the proposed ward and his or her counsel, a jury trial is deemed waived unless demanded at least 48 hours prior to the time set for the hearing. The number of jurors shall be determined under
s. 756.06 (2) (b). The proposed ward, attorney or guardian ad litem shall have the right to present and cross-examine witnesses, including the physician or psychologist reporting to the court under
sub. (1). The attorney or guardian ad litem for the proposed ward shall be provided with a copy of the report of the physician or psychologist at least 96 hours in advance of the hearing. Any final decision of the court is subject to the right of appeal.
880.33(2)(a)2.
2. If the person requests but is unable to obtain legal counsel, the court shall appoint legal counsel. If the person is represented by counsel appointed under
s. 977.08 in a proceeding for a protective placement under
s. 55.06 or for the appointment of a guardian under
s. 880.07 (1m), the court shall order the counsel appointed under
s. 977.08 to represent the person.
880.33(2)(a)3.
3. If the person is an adult who is indigent, the county of legal settlement shall be the county liable for any fees due the guardian ad litem and, if counsel was not appointed under
s. 977.08, for any legal fees due the person's legal counsel. If the person is a minor, the person's parents or the county of legal settlement shall be liable for any fees due the guardian ad litem as provided in
s. 48.235 (8).
880.33(2)(b)
(b) If requested by the proposed ward or anyone on the proposed ward's behalf, the proposed ward has the right at his or her own expense, or if indigent at the expense of the county where the petition is filed, to secure an independent medical or psychological examination relevant to the issue involved in any hearing under this chapter, and to present a report of this independent evaluation or the evaluator's personal testimony as evidence at the hearing.
880.33(2)(d)
(d) The hearing on a petition which contains allegations under
s. 880.07 (1m) shall be held within 30 days after the date of filing of the petition, except that if a jury trial demand is filed the hearing shall be held within either 30 days after the date of filing of the petition or 14 days after the date of the demand for a jury trial, whichever is later. A finding by a court under
s. 51.67 that there is probable cause to believe that the person is a proper subject for guardianship under
s. 880.33 (4m) has the effect of filing a petition under
s. 880.07 (1m).
880.33(2)(e)
(e) Every hearing on a petition under
s. 880.07 (1m) shall be open, unless the proposed ward or his or her attorney acting with the proposed ward's consent moves that it be closed. If the hearing is closed, only persons in interest, including representatives of providers of service and their attorneys and witnesses, may be present.
