2005 Wisconsin Act 387

387,150 Section 150. 154.13 (2) (c) of the statutes is amended to read:

154.13 (2) (c) The court and all parties involved in proceedings in this state for guardianship of adjudication of incompetency and appointment of a guardian for the declarant under ch. 880, for emergency detention under s. 51.15, for involuntary commitment under s. 51.20, or for protective placement or protective services under ch. 55.

387,151 Section 151. 155.05 (1) of the statutes is amended to read:

155.05 (1) An individual who is of sound mind and has attained age 18 may voluntarily execute a power of attorney for health care. An individual for whom an adjudication of incompetence and appointment of a guardian of the person is in effect under ch. 880 in this state is presumed not to be of sound mind for purposes of this subsection executing a power of attorney for health care.

387,152 Section 152. 155.40 (2m) of the statutes is created to read:

155.40 (2m) If a principal, after executing a power of attorney for health care, is adjudicated incompetent in this state, the power of attorney for health care remains in effect, except that a court may under s. 54.46 (2) (b), for good cause shown, revoke the power of attorney for health care and invalidate the power of attorney for health care instrument, or limit the authority of the agent under the terms of the power of attorney for health care instrument.

387,153 Section 153. 155.60 (1) of the statutes is amended to read:

155.60 (1) Nothing in this chapter prohibits an individual from petitioning a court under ch. 880 in this state for a determination of incompetency and for appointment of a guardian for an individual who is a principal under this chapter.

387,154 Section 154. 155.60 (2) of the statutes is amended to read:

155.60 (2) If a court under s. 880.33 determines that an individual who is a principal is adjudicated incompetent or makes a finding of limited incompetency under s. 880.33 (3) and appoints a guardian for the individual in this state and a guardian is appointed for him or her, the power of attorney for health care executed under this chapter by the principal is revoked and the power of attorney for health care instrument is invalid, unless remains in effect, except that the court finds that may under s. 54.46 (2) (b), for good cause shown, revoke the power of attorney for health care and invalidate the power of attorney for health care instrument should remain in effect. If, or limit the authority of the agent under the terms of the power of the power of attorney for health care instrument. Unless the court makes this finding revocation or limitation, the guardian for the individual may not make health care decisions for the ward that may be made by the health care agent, unless the guardian is the health care agent.

387,155 Section 155. 155.65 (2) (c) of the statutes is amended to read:

155.65 (2) (c) The court and all parties involved in proceedings in this state for guardianship of adjudication of incompetency and appointment of a guardian for the principal under ch. 880, for emergency detention under s. 51.15, for involuntary commitment under s. 51.20, or for protective placement or protective services under ch. 55.

387,156 Section 156. 179.65 of the statutes is amended to read:

179.65 Power of estate of deceased or incompetent partner adjudicated incompetent. If a partner who is an individual dies or is adjudged adjudicated incompetent to manage his or her person or property, the partner's personal representative, guardian, conservator, or other legal representative may exercise all of the partner's rights for the purpose of settling his or her estate or administering his or her property, including any power the partner had to give an assignee the right to become a limited partner. If a partner is a corporation, limited liability company, trust, or other entity and is dissolved or terminated, the powers of that partner may be exercised by its legal representative or successor.

387,157 Section 157. 180.0103 (11) of the statutes is amended to read:

180.0103 (11) "Individual" includes the estate of an individual adjudicated incompetent or a deceased natural person.

387,158 Section 158. 181.0103 (14) of the statutes is amended to read:

181.0103 (14) "Individual" means a natural person. Except in ss. 181.0802 and 181.0840, "individual" includes the estate of an individual adjudicated incompetent or a deceased natural person.

387,159 Section 159. 186.10 (2) of the statutes is amended to read:

186.10 (2) Shares in trust. Shares may be issued in trust, subject to any conditions prescribed in the bylaws. Share accounts and deposit accounts may be held by a member in trust for a beneficiary, held by a nonmember in trust for a beneficiary who is a member or held by a nonmember custodian for a member pursuant to ss. 880.61 to 880.72 under ss. 54.854 to 54.898.

387,160 Section 160. 214.37 (4) (k) 1. of the statutes is amended to read:

214.37 (4) (k) 1. An affidavit stating that the person has standing under s. 867.01 (3) (ac) or 867.02 (2) (ac) to petition for summary settlement or assignment of a decedent's estate or that the person is an heir of the decedent, or was guardian, as defined in s. 54.01 (10) or s. 880.01 (3), 2003 stats., of the decedent at the time of the decedent's death, and may obtain transfer of property of a decedent under s. 867.03.

387,161 Section 161. 215.14 (9) (title) of the statutes is amended to read:

215.14 (9) (title) Savings accounts of deceased or incompetent persons.

387,162 Section 162. 215.26 (8) (e) 1. of the statutes is amended to read:

215.26 (8) (e) 1. Submits an affidavit stating that the person has standing under s. 867.01 (3) (ac) or 867.02 (2) (ac) to petition for summary settlement or assignment of a decedent's estate or that the person is an heir of the decedent, or was guardian, as defined in s. 54.01 (10) or s. 880.01 (3), 2003 stats., of the decedent at the time of the decedent's death, and may obtain transfer of property of a decedent under s. 867.03; and

387,163 Section 163. 223.03 (6) (intro.) of the statutes is amended to read:

223.03 (6) (intro.) To act as trustee, personal representative, registrar of stocks and bonds, custodian, agent, guardian of estates, guardian of any person the estate or guardian of the person of any individual subject to guardianship, assignee, receiver, and in any other fiduciary capacity authorized by the division, subject to all of the following conditions:

387,164 Section 164. 223.10 of the statutes is amended to read:

223.10 Organizations as fiduciaries. Except as provided in s. 880.35 54.15 (7), no court or probate registrar in this state may appoint or issue letters to any corporation, limited liability company, association, partnership or business trust as trustee, personal representative, guardian, conservator, assignee, receiver, or in any other fiduciary capacity unless such corporation, limited liability company, association, partnership or business trust is subject to regulation and examination under s. 223.105, or is a national bank, state or federal savings and loan association, state or federal savings bank or federal credit union with authority to exercise such powers, or is a foreign corporation operating under s. 223.12.

387,165 Section 165. 243.07 (3) (a) of the statutes is amended to read:

243.07 (3) (a) If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian of the estate, or other the individual who is the principal is adjudicated incompetent and a guardian is appointed for him or her, a conservator is appointed for him or her under s. 54.76, or another fiduciary is charged by a court with the management of all or some of the principal's property or all of his or her property except specified exclusions, the agent is accountable to the fiduciary as well as to the principal. Unless the court finds that the durable power of attorney should remain in effect, the fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if the principal were not disabled or incapacitated, the durable power of attorney executed under this chapter by the principal remains in effect, except that the court may under s. 54.46 (2) (c) or s. 54.76 (3g) or, for a fiduciary, after a hearing upon a petition, as applicable, for good cause shown, revoke the durable power of attorney and invalidate the basic power of attorney for finances and property or limit the authority of the agent under the terms of the basic power of attorney for finances and property. Unless the court makes this revocation or limitation, the guardian, conservator, or other fiduciary, as applicable, may not make decisions for the principal that may be made by the agent, unless the guardian, conservator, or fiduciary is the agent.

387,166 Section 166. 243.07 (3) (b) of the statutes is amended to read:

243.07 (3) (b) A principal may nominate, by a durable power of attorney, the conservator, guardian of his or her estate, or guardian of his or her person for consideration by the court if protective guardianship or conservatorship proceedings for the principal's person or estate are thereafter commenced after execution of the durable power of attorney. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.

387,167 Section 167. 243.10 (7) (c) of the statutes is created to read:

243.10 (7) (c) If a principal, after executing a durable power of attorney, is adjudicated incompetent in this state, has a conservator appointed for him or her, or a court charges another fiduciary with the management of all or some of his or her property, a court may under s. 54.46 (2) (c) or 54.76 (3g) or, for a fiduciary, after a hearing upon a petition, as applicable, for good cause shown, revoke the durable power of attorney or limit the authority of the agent under the terms of the durable power of attorney.

387,168 Section 168. 252.15 (2) (a) 4. a. of the statutes is amended to read:

252.15 (2) (a) 4. a. The individual has been adjudicated incompetent under ch. 880 in this state, is under 14 years of age or is unable to give consent because he or she is unable to communicate due to a medical condition.

387,169 Section 169. 252.15 (2) (a) 4. b. of the statutes is amended to read:

252.15 (2) (a) 4. b. The health care provider obtains consent for the testing from the individual's guardian, if the individual is adjudicated incompetent under ch. 880 in this state; from the individual's parent or guardian, if the individual is under 14 years of age; or from the individual's closest living relative or another with whom the individual has a meaningful social and emotional relationship if the individual is not a minor nor adjudicated incompetent.

387,170 Section 170. 252.15 (2) (bm) (intro.) of the statutes is amended to read:

252.15 (2) (bm) (intro.) The health care provider that subjects a person to a test for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV under par. (a) 3. shall provide the test subject and the test subject's guardian, if the test subject is an individual found incompetent under ch. 880 in this state, with all of the following information:

387,171 Section 171. 252.15 (5) (a) 15. of the statutes is amended to read:

252.15 (5) (a) 15. To anyone who provides consent for the testing under sub. (2) (a) 4. b., except that disclosure may be made under this subdivision only during a period in which the test subject is adjudicated incompetent under ch. 880 in this state, is under 14 years of age, or is unable to communicate due to a medical condition.

387,172 Section 172. 253.10 (3) (c) 7. of the statutes is amended to read:

253.10 (3) (c) 7. If the woman considering an abortion is a minor, unless s. 48.375 (4) (a) 2. applies, the requirements to provide information to the woman under subds. 1. to 6. apply to also to require provision of the information to the individual whose consent is also required under s. 48.375 (4) (a) 1. If the woman considering an abortion has been adjudicated is an individual adjudicated incompetent under ch. 880 in this state, the requirements to provide information to the woman under subds. 1. to 6. apply to also require provision of the information to the person appointed as the woman's guardian.

387,173 Section 173. 343.06 (1) (L) of the statutes is created to read:

343.06 (1) (L) To any person who has been declared incompetent under s. 54.25 (2) (c) 1. d. to apply for an operator's license.

387,174 Section 174. 343.31 (title) of the statutes is amended to read:

343.31 (title) Revocation or suspension of licenses after certain convictions or declarations.

387,175 Section 175. 343.31 (2x) of the statutes is created to read:

343.31 (2x) The department shall suspend a person's operating privilege upon receiving a record of a declaration under s. 54.25 (2) (c) 1. d. that the person is incompetent to apply for an operator's license. The department may reinstate the person's operator's license upon receiving a record of a declaration that the person is no longer incompetent to apply for an operator's license under s. 54.25 (2) (c) 1. d., if the person is otherwise qualified under this chapter to obtain an operator's license.

387,176 Section 176. 343.31 (3) (a) of the statutes is amended to read:

343.31 (3) (a) Except as otherwise provided in this subsection or sub. (2m) or, (2s), or (2x), all revocations or suspensions under this section shall be for a period of one year.

387,177 Section 177. 403.308 (1) of the statutes is amended to read:

403.308 (1) In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or adjudicated incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under s. 403.402 (1).

387,178 Section 178. 440.121 of the statutes is created to read:

440.121 Credential denial, nonrenewal, and revocation based on incompetency. Notwithstanding any other provision of chs. 440 to 480 relating to issuance or renewal of a credential, the department shall deny an application for an initial credential or credential renewal or revoke a credential issued to an individual for whom the department receives a record of a declaration under s. 54.25 (2) (c) 1. d. stating that the individual is incompetent to apply for a credential under chs. 440 to 480.

387,179 Section 179. 565.30 (2) of the statutes is amended to read:

565.30 (2) Payment of prizes to minors. If the prize for a winning lottery ticket or lottery share given to a minor is less than $1,000, the administrator may make payment of the prize by delivering to an adult member of the minor's family, or to the minor's guardian, a check or draft payable to the minor. If the prize is $1,000 or more, the administrator shall make payment to the minor by paying or delivering the money to a broker or financial institution under s. 880.65 54.870 (1) (b).

387,180 Section 180. 609.65 (1) (intro.) of the statutes is amended to read:

609.65 (1) (intro.) If an enrollee of a limited service health organization, preferred provider plan, or defined network plan is examined, evaluated, or treated for a nervous or mental disorder pursuant to a court order under s. 880.33 (4m) or (4r), 2003, stats., an emergency detention under s. 51.15, a commitment or a court order under s. 51.20 or 880.33 (4m) or (4r), an order for protective placement or protective services under ch. 55, an order under s. 55.14 or 55.19 (3) (e), or an order under ch. 980, then, notwithstanding the limitations regarding participating providers, primary providers, and referrals under ss. 609.01 (2) to (4) and 609.05 (3), the limited service health organization, preferred provider plan, or defined network plan shall do all of the following:

387,181 Section 181. 628.10 (1) of the statutes is amended to read:

628.10 (1) General. An intermediary's license issued under s. 628.04 remains in force until it is revoked or limited under sub. (2), until it is suspended under sub. (2) or s. 227.51 (3), until it is surrendered or until the licensee dies or is in this state adjudicated incompetent as defined in s. 880.01 (4).

387,182 Section 182. 705.04 (2) of the statutes is amended to read:

705.04 (2) If the account is a P.O.D. account, on the death of the original payee or the survivor of 2 or more original payees, any sums remaining on deposit belong to the P.O.D. beneficiaries if surviving, or to the survivor of them if one or more die before the original payee. Payment may be made to a minor P.O.D. beneficiary, however, only in accordance with a procedure approved in ch. 880 54. If 2 or more P.O.D. beneficiaries survive, they shall be entitled to payment of the sums on deposit in accordance with such written instructions as may have been filed with the financial institution, and if none, to payment in equal shares. There is no right of survivorship in the event of the death of one of 2 or more P.O.D. beneficiaries after their entitlement to payment has matured unless the terms of the account expressly provide for survivorship or for the account's continuance as a joint account.

387,183 Section 183. 706.03 (4) of the statutes is amended to read:

706.03 (4) A conveyance by a minor or an individual adjudicated incompetent in this state is effective only if executed by an authorized guardian on behalf of such the minor or individual adjudicated incompetent. In the case of a limited incompetency, such This restriction does not apply if an individual has been determined competent to make contracts under s. 880.33 (3) the individual's adjudication of incompetency permits him or her to contract.

387,184 Section 184. 706.09 (1) (f) of the statutes is amended to read:

706.09 (1) (f) Lack of authority of officers, agents or fiduciaries. Any defect or insufficiency in authorization of any purported officer, partner, manager, agent, or fiduciary to act in the name or on behalf of any corporation, partnership, limited liability company, principal, trust, estate, minor, individual adjudicated incompetent , or other holder of an interest in real estate purported to be conveyed in a representative capacity, after the conveyance has appeared of record for 5 years.

387,185 Section 185. 753.30 (1) of the statutes is amended to read:

753.30 (1) The clerk of circuit court shall keep the books and records under s. 59.40 (2) (a) to (i) and ch. 799 and perform the duties under s. 59.40 (2) (j) to (q) for all matters in the circuit court except those under chs. 48, 54, and 851 to 880 879. In counties having only one circuit judge, the circuit judge, with the approval of the chief judge of the judicial administrative district, may appoint the clerk of court register in probate. The appointments are revocable at the pleasure of the circuit judge. Appointments and revocations shall be in writing and shall be filed in the office of the register in probate. If appointed for this purpose, the clerk has the powers and duties of registers in probate. In prosecutions of ordinance violations in the circuit court in counties having a population of 500,000 or more, an assistant chief deputy clerk appointed under sub. (3) (a), or one of his or her deputies, shall enter upon the records of the court a statement of the offense charged, which shall stand as the complaint, unless the court directs formal complaint be made. The defendant's plea shall be guilty or not guilty, and shall be entered as not guilty on failure to plead, which plea of not guilty shall put all matters in such case at issue, any other provisions of law notwithstanding.

387,186 Section 186. 757.48 (1) (a) of the statutes is amended to read:

757.48 (1) (a) Except as provided in s. 879.23 (4), in all matters in which a guardian ad litem is appointed by the court, the guardian ad litem shall be an attorney admitted to practice in this state. In order to be appointed as a guardian ad litem under s. 767.045, an attorney shall have completed 3 hours of approved continuing legal education that relates to the functions and duties of a guardian ad litem under ch. 767 and that includes training on the dynamics of domestic violence and the effects of domestic violence on victims of domestic violence and on children. In order to be appointed as a guardian ad litem under s. 54.40 (1), an attorney shall have complied with SRC chapter 36.

387,187 Section 187. 757.48 (3) of the statutes is amended to read:

757.48 (3) No guardian ad litem may be permitted to receive any money or property assets or income of his or her ward, nor may any bond be required of a guardian ad litem, but all money or property of his or her assets or income of the ward may be paid or delivered to a general guardian of his or her property the ward's guardian of the estate, subject to the exceptions of s. 880.04 54.12.

387,188 Section 188. 757.69 (1) (h) of the statutes is amended to read:

757.69 (1) (h) Hear petitions for commitment and conduct probable cause hearings under ss. 51.20, 51.45 and 55.06 (11), conduct reviews of guardianships under ch. 54 and reviews of protective placements and protective services under chs. ch. 55 and 880, advise a person alleged to be mentally ill of his or her rights under the United States and Wisconsin constitutions, and, if the person claims or appears to be unable to afford counsel, refer the person to the authority for indigency determinations specified under s. 977.07 (1) or, if the person is a child, refer that child to the state public defender, who shall appoint counsel for the child without a determination of indigency, as provided in s. 48.23 (4).

387,189 Section 189. 758.19 (6) (a) of the statutes is amended to read:

758.19 (6) (a) In this subsection, "guardian ad litem costs" means the costs of guardian ad litem compensation that a county incurs under ch. 48, 54, 55, 767, 880 or 938 or ch. 880, 2003 stats., that the county has final legal responsibility to pay, or that the county is unable to recover from another person and that does not exceed the per hour rate established for time spent in court by private attorneys under s. 977.08 (4m) (b).

387,190 Section 190. 758.19 (6) (d) 1. of the statutes is amended to read:

758.19 (6) (d) 1. The total cost of guardian ad litem compensation that the county incurred under chs. 48, 54, 55, 767, 880 and 938 and ch. 880, 2003 stats., in the previous calendar year.

387,191 Section 191. 758.19 (6) (d) 2. of the statutes is amended to read:

758.19 (6) (d) 2. The total guardian ad litem compensation that the county initially paid under chs. 48, 54, 55, 767, 880 and 938 and ch. 880, 2003 stats., and that was recovered in the previous calendar year by the county from another responsible person.

387,192 Section 192. 765.11 (1) of the statutes is amended to read:

765.11 (1) If any parent, grandparent, child, or natural guardian of a minor applicant for a marriage license, any brother, sister, or guardian of either of the applicants for a marriage license, either of the applicants, the district attorney, or a circuit court commissioner believes that the statements of the application are false or insufficient, or that the applicants or either of them are an applicant is adjudicated incompetent without the right to marry, that person may file with the court having probate jurisdiction in the county in which the marriage license is applied for, a petition under oath, setting forth the grounds of objection to the marriage, and asking for an order requiring the parties making such the application to show cause why the marriage license should not be refused. Whereupon, the court, if satisfied that the grounds of objection are prima facie valid, shall issue an order to show cause as aforesaid, returnable as the court directs, but not more than 14 days after the date of the order, which shall be served forthwith upon the applicants for the marriage license residing in the state, and upon the clerk before whom the application has been made, and shall operate as a stay upon the issuance of the marriage license until further ordered; if either or both of the applicants are nonresidents of the state the order shall be served forthwith immediately upon the nonresident by publication of a class 1 notice, under ch. 985, in the county wherein in which the application is pending, and by mailing a copy thereof to the nonresident at the address contained in the application.

387,193 Section 193. 766.51 (7) of the statutes is amended to read:

766.51 (7) A court may appoint a conservator or guardian under ch. 880 54 to exercise a disabled spouse's right to manage and control marital property.

387,194 Section 194. 767.29 (3) (a) of the statutes is amended to read: