Feed for /2005/related/acts/387 PDF
54.76 (3) A Except as provided in sub. (3g), a conservator shall have has 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 estate. An individual whose income and assets are under conservatorship may make gifts of his or her income and assets, subject to approval of the conservator.
387,455 Section 455. 880.31 (4) and (5) of the statutes are consolidated, renumbered 54.76 (4) and amended to read:
54.76 (4) Any person, including an individual whose estate is income and assets are under conservatorship, may apply to the court at any time for termination thereof of the conservatorship. Upon such receipt of the application, the court shall fix a time and place for hearing and may direct that 10 days' notice by mail be given to the person's individual's guardian, if any, of the person or agent under a power of attorney for health care, the conservator, any standby conservator, and the presumptive adult heirs of the applicant. Upon such individual whose income and assets are under conservatorship. A potential recipient of the notice may waive its receipt. At the hearing, the court shall, unless it is clearly shown that the applicant individual whose income and assets are under conservatorship is incompetent, remove the conservator and order the property income and assets restored to the applicant, or if the applicant so desires and the nominee is suitable, the court may appoint a successor conservator. (5) individual. If , however, the court shall upon such hearing determine determines at the hearing that the person individual whose estate is income and assets are administered by a conservator may be is incapable of handling his or her estate income and assets, the court shall order the conservatorship continued, or, if the applicant so desires and the a nominee is suitable, the court may appoint a successor conservator. A conservatorship may only be terminated under a hearing under this subsection.
387,456 Section 456. 880.31 (6) of the statutes is renumbered 54.76 (5) and amended to read:
54.76 (5) Appointment of a conservator shall not be does not constitute evidence of the competency or incompetency of the person individual whose estate is income and assets are being administered.
387,457 Section 457. 880.32 of the statutes is renumbered 45.55 and amended to read:
45.55 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 a minor may execute, in his or her own right, notes or mortgages, as defined in s. 851.15, 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 supplementing or amending these acts. In connection with such these transactions, such the minors may sell, release or convey such the mortgaged property and litigate or settle controversies arising therefrom, including the execution of releases, deeds, and other necessary papers or instruments. Such The notes, mortgages, releases, deeds and other necessary papers or instruments when so executed shall are not be subject to avoidance by such the minor or the husband or wife of such the 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.
387,458 Section 458. 880.33 (title) of the statutes is repealed.
387,459 Section 459. 880.33 (1) of the statutes is renumbered 54.36 (1) and amended to read:
54.36 Examination of proposed ward. (1) Whenever it is proposed to appoint a guardian on the ground of that a proposed ward allegedly has incompetency or is a spendthrift, a licensed physician or licensed psychologist, or both, shall examine the proposed ward and furnish a written statement concerning the mental condition of report stating the physician's or psychologist's professional opinion regarding the presence and likely duration of any medical or other condition causing the proposed ward, based upon examination to have incapacity or to be a spendthrift. The privilege under s. 905.04 shall does not apply to this the statement. A The petitioner shall provide a copy of the statement shall be provided report to the proposed ward, or his or her counsel, the guardian ad litem, and the petitioner's attorney , if any. 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 on which the report is based, the guardian ad litem, physician, or psychologist shall inform the proposed ward that statements made by the proposed ward 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 or a finding that he or she is a spendthrift, that he or she has a right to remain silent refuse to participate in the examination, absent a court order, or speak to the physician or psychologist and that the examiner physician or psychologist is required to report to the court even if the person remains silent proposed ward does not speak to the physician or psychologist. The issuance of such a warning to the person proposed ward prior to each examination establishes a presumption that the person proposed ward understands that he or she need not speak to the examiner. physician or psychologist. Nothing in this section prohibits the use of a report by a physician or psychologist that is based on an examination of the proposed ward by the physician or psychologist before filing the petition for appointment of a guardian, but the court will consider the recency of the report in determining whether the report sufficiently describes the proposed ward's current state and in determining the weight to be given to the report.
387,460 Section 460. 880.33 (2) (a) 1. of the statutes is renumbered 54.42 (1) (a) (intro.) and amended to read:
54.42 (1) (a) (intro.) The proposed ward or 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. if any of the following occurs:
387,461 Section 461. 880.33 (2) (a) 2. of the statutes is renumbered 54.42 (1) (c) and amended to read:
54.42 (1) (c) If the person requests but is par. (a) 1., 2., or 3. applies but the proposed ward or ward 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.
387,462 Section 462. 880.33 (2) (a) 3. of the statutes is renumbered 54.46 (3) (b) and amended to read:
54.46 (3) (b) Guardian ad litem and defense fees for indigents; liability. If the person proposed ward is an adult who is indigent, the county of legal settlement shall be in which venue lies for the guardianship proceeding is 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 proposed ward'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).
387,463 Section 463. 880.33 (2) (b) of the statutes is renumbered 54.42 (3) and amended to read:
54.42 (3) Right to independent examination. If requested by the proposed ward, ward, or anyone on the proposed ward's or ward's behalf, the proposed ward or ward has the right at his or her own expense, or if indigent at the expense of the county where the petition is filed heard on the merits, 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.
387,464 Section 464. 880.33 (2) (d) of the statutes is repealed.
387,465 Section 465. 880.33 (2) (e) of the statutes is renumbered 54.44 (5) and amended to read:
54.44 (5) Privacy of hearing. Every hearing on a petition under s. 880.07 (1m) under this chapter shall be open closed, unless the proposed ward or his or her attorney acting with the proposed ward's consent or the attorney for a foreign ward moves that it be closed open. If the hearing is closed, only persons in interest, including representatives of providers of service and interested persons, their attorneys, and witnesses, may be present.
387,466 Section 466. 880.33 (3) of the statutes is repealed.
387,467 Section 467. 880.33 (4) of the statutes is repealed.
387,468 Section 468. 880.33 (4m) and (4r) of the statutes are repealed.
387,469 Section 469. 880.33 (5) of the statutes is renumbered 54.15 (1) and amended to read:
54.15 (1) Opinions of proposed ward and family. In appointing a guardian, the The court shall take into consideration the opinions of the alleged incompetent proposed ward and of the members of the his or her family as to what is in the best interests of the proposed incompetent ward. However, the best interests of the proposed incompetent ward shall control in making the determination when the opinions of the family are in conflict with the clearly appropriate decision. those best interests.
(1m) The court shall also consider potential conflicts of interest resulting from the prospective guardian's employment or other potential conflicts of interest. If the proposed incompetent has executed a power of attorney for health care under ch. 155, the court shall give consideration to the appointment of the health care agent for the individual as the individual's guardian.
387,470 Section 470. 880.33 (5m) of the statutes is renumbered 54.15 (9) and amended to read:
54.15 (9) Limitation on number of wards of guardian. No person, except a nonprofit corporation approved by the department of health and family services under s. 880.35, who has individual may have guardianship of the person of more than 5 or more adult wards who are unrelated to the person may accept appointment individual, except that a court may, under circumstances that the court determines are appropriate, waive this limitation to authorize appointment of the individual as guardian of the person of another adult ward unrelated to the person, unless approved by the department. No such person may accept appointment as guardian of more than 10 such additional adult wards who are unrelated to the person individual. A corporation or association that is approved by the department under sub. (7) is not limited in the number of adult wards for which the corporation or association may accept appointment by a court as guardian.
387,471 Section 471. 880.33 (6) of the statutes is renumbered 54.75 and amended to read:
54.75 Access to court records. All court records pertinent to the finding of incompetency are closed but subject to access as provided in s. 55.06 (17) 51.30 or under an order of a court under this chapter. The fact that a person has been found incompetent and the name of and contact information for the guardian is accessible to any person who demonstrates to the custodian of the records a need for that information.
387,472 Section 472. 880.33 (7) of the statutes is renumbered 54.48 and amended to read:
54.48 Protective placement and protective services. A finding of incompetency and appointment of a guardian under this subchapter chapter is not grounds for involuntary protective placement. Such or the provision of protective services. Protective placement and the provision of protective services may be made only in accordance with s. 55.06 ch. 55.
387,473 Section 473. 880.33 (8) (intro.) of the statutes is repealed.
387,474 Section 474. 880.33 (8) (a) of the statutes is repealed.
387,475 Section 475. 880.33 (8) (b) of the statutes is renumbered 54.46 (2) (b) and amended to read:
54.46 (2) (b) Power of attorney for health care. If the proposed incompetent has ward executed a power of attorney for health care under ch. 155, find that before a finding of incompetency and appointment of a guardian is made for the ward under this chapter, the power of attorney for health care instrument should remain remains in effect. If the court so finds, the court shall so order and shall, except that the court may, only for good cause shown, revoke the power of attorney for health care or limit the power of the guardian to make those health care decisions for the ward that are not to be made by the health care authority of the agent under the terms of the power of attorney for health care instrument. Unless the court makes this revocation or limitation, the ward's guardian 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 under those terms.
387,476 Section 476. 880.33 (9) of the statutes is renumbered 54.25 (2) (c) 1. g. and amended to read:
54.25 (2) (c) 1. g. All the rights and privileges afforded a proposed incompetent under this section shall be given to any person who is alleged to be ineligible to register to vote or to vote in an election by reason that such person is incapable of understanding the objective of the elective process. The determination of the court shall be limited to a finding that the elector is either eligible or ineligible The right to register to vote or to vote in an election by reason that the person is or is not capable , if the court finds that the individual is incapable of understanding the objective of the elective process. Also, in accordance with s. 6.03 (3), any elector of a municipality may petition the circuit court for a determination that an individual residing in the municipality is incapable of understanding the objective of the elective process and thereby ineligible to register to vote or to vote in an election. This determination shall be made by the court in accordance with the procedures specified in this paragraph. If a petition is filed under this subd. 1. g., the finding of the court shall be limited to a determination as to voting eligibility. The appointment of a guardian is not required for an individual whose sole limitation is ineligibility to vote. The determination of the court shall be communicated in writing by the clerk of court to the election official or agency charged under s. 6.48, 6.92, 6.925, or 6.93 with the responsibility for determining challenges to registration and voting which that may be directed against that elector. The determination may be reviewed as provided in s. 880.34 (4) and (5) 54.64 (2) and any subsequent determination of the court shall be likewise communicated by the clerk of court.
387,477 Section 477. 880.331 (title) of the statutes is renumbered 54.40 (title) and amended to read:
54.40 (title) Guardian ad litem in incompetency cases; appointment; duties; termination.
387,478 Section 478. 880.331 (1) of the statutes is renumbered 54.40 (1) and amended to read:
54.40 (1) Appointment. The court shall appoint a guardian ad litem whenever it is proposed that the court appoint a guardian on the ground of incompetency under s. 880.33, when a petition for appointment of a guardian is brought under s. 54.34 (1), when a petition for receipt and acceptance of a foreign guardianship is brought under s. 54.34 (3), to review the scope of a guardianship, to protectively place a person or order protective services under s. 55.06, to review any protective placement or protective service order under s. 55.06 or, to terminate a protective placement under s. 55.06, to expand an order of guardianship under s. 54.63, to review incompetency and terminate a guardianship under s. 54.64, to review the conduct of a guardian under s. 54.68, to expand an order of guardianship under s. 54.3, to review incompetency and terminate a guardianship under s. 54.64, to review the conduct of a guardian under s. 54.68, or at any other time that the court determines it is necessary.
387,479 Section 479. 880.331 (2) of the statutes is renumbered 54.40 (2) and amended to read:
54.40 (2) Qualifications. The guardian ad litem shall be an attorney admitted to practice in this state and in compliance with SCR chapter 36. No person one who is an interested party person in a proceeding, appears as counsel in a proceeding on behalf of any party, or is a relative or representative of an interested party person may be appointed guardian ad litem in that proceeding or in any other proceeding that involves the same proposed ward or ward.
387,480 Section 480. 880.331 (3) of the statutes is renumbered 54.40 (3) and amended to read:
54.40 (3) Responsibilities. The guardian ad litem shall be an advocate for the best interests of the proposed ward or alleged incompetent ward as to guardianship, protective placement, and protective services. The guardian ad litem shall function independently, in the same manner as an attorney for a party to the action, and shall consider, but shall not be is not bound by, the wishes of the proposed ward or alleged incompetent ward or the positions of others as to the best interests of the proposed ward or alleged incompetent ward. The guardian ad litem has none of the rights or duties of a general guardian.
387,481 Section 481. 880.331 (4) (intro.) of the statutes is renumbered 54.40 (4) (intro.).
387,482 Section 482. 880.331 (4) (a) of the statutes is renumbered 54.40 (4) (a) and amended to read:
54.40 (4) (a) Interview the proposed ward or alleged incompetent ward and explain the contents of the petition, the applicable hearing procedure, the right to counsel, and the right to request or continue a limited guardianship.
387,483 Section 483. 880.331 (4) (b) of the statutes is renumbered 54.40 (4) (b) and amended to read:
54.40 (4) (b) Advise the proposed ward or alleged incompetent ward, both orally and in writing, of that person's rights to be present at the hearing, to a jury trial, to an appeal, to counsel, and to an independent medical or psychological examination on the issue of competency, at county expense if the person is indigent.
387,484 Section 484. 880.331 (4) (c) of the statutes is renumbered 54.40 (4) (e) and amended to read:
54.40 (4) (e) Request that the court order additional medical, psychological, or other evaluation, if necessary.
387,485 Section 485. 880.331 (4) (d) of the statutes is renumbered 54.40 (4) (f) and amended to read:
54.40 (4) (f) If applicable, inform the court and petitioner's attorney or, if none, the petitioner that the proposed ward or alleged incompetent ward objects to a finding of incompetency, the present or proposed placement, or the recommendation of the guardian ad litem as to the proposed ward's or alleged incompetent's ward's best interests or that the proposed ward's or alleged incompetent's ward's position on these matters is ambiguous. If the guardian ad litem recommends that the hearing be held in a place other than a courtroom, the guardian ad litem shall provide the information under this paragraph as soon as possible.
387,486 Section 486. 880.331 (4) (e) of the statutes is renumbered 54.40 (4) (i) and amended to read:
54.40 (4) (i) Present evidence concerning the best interests of the proposed ward or alleged incompetent ward, if necessary.
387,487 Section 487. 880.331 (4) (f) of the statutes is renumbered 54.40 (4) (j) and amended to read:
54.40 (4) (j) Report to the court on any other relevant matter that the court requests.
387,488 Section 488. 880.331 (5) (intro.) of the statutes is renumbered 55.195 (intro.) and amended to read:
55.195 Duties in of guardian ad litem for reviews. (intro.) In any review of a protective placement under s. 55.06 or of a protective service services order under s. 55.05, except as provided in s. 55.19 (2), the guardian ad litem shall do all of the following:
387,489 Section 489. 880.331 (5) (a) of the statutes is renumbered 55.195 (1) and amended to read:
55.195 (1) Interview the ward to explain the review procedure, the right to an independent evaluation, the right to counsel, and the right to a hearing.
387,490 Section 490. 880.331 (5) (b) of the statutes is renumbered 55.195 (2) and amended to read:
55.195 (2) Provide the information under par. (a) sub. (1) to the ward in writing.
387,491 Section 491. 880.331 (5) (c) of the statutes is renumbered 55.195 (3) and amended to read:
55.195 (3) Secure Request that the court order an additional medical, psychological, or other evaluation of the ward, if necessary.
387,492 Section 492. 880.331 (5) (d) of the statutes is renumbered 55.195 (4).
387,493 Section 493. 880.331 (5) (e) of the statutes is renumbered 55.195 (5) and amended to read:
55.195 (5) Review the ward's condition, placement, and rights with the guardian.
387,494 Section 494. 880.331 (5) (f) of the statutes is renumbered 55.195 (6) and amended to read:
55.195 (6) If relevant, report to the court that the ward objects to the finding of continuing incompetency, the present or proposed placement, the position of the guardian, or the recommendation of the guardian ad litem as to the best interests of the ward or if there is ambiguity about the ward's position on these matters.
387,495 Section 495. 880.331 (5) (g) of the statutes is renumbered 55.195 (8).
387,496 Section 496. 880.331 (6) of the statutes is renumbered 54.40 (5) and amended to read:
54.40 (5) Communication to a jury. In jury trials under this chapter or ch. 55 or 880, the court or guardian ad litem may tell the jury that the guardian ad litem represents the best interests of the proposed ward or alleged incompetent ward.
387,497 Section 497. 880.331 (7) of the statutes is renumbered 54.40 (6) and amended to read:
54.40 (6) Termination and extension of appointment. The appointment of a guardian ad litem under sub. (1) terminates upon the entry of the court's final order or upon the termination of any appeal in which the guardian ad litem participates, even if counsel has been appointed for the proposed ward or alleged incompetent ward. The court may extend that appointment, or reappoint a guardian ad litem whose appointment under this section has terminated, by an order specifying the scope of responsibilities of the guardian ad litem. At any time, the guardian ad litem, any party, or the person individual for whom the appointment is made may request that the court terminate any extension or reappointment. The guardian ad litem may appeal, or may participate in an appeal or may do neither. If an appeal is taken by any party and the guardian ad litem chooses not to participate in that appeal, he or she shall file with the appellate court a statement of reasons for not participating. Irrespective of the guardian ad litem's decision not to participate in an appeal, the appellate court may order the guardian ad litem to participate in the appeal.
387,498 Section 498. 880.331 (8) of the statutes is renumbered 54.74 and amended to read:
54.74 Compensation of guardian ad litem. On order of the court, the guardian ad litem appointed under this chapter shall be allowed reasonable compensation to be paid by the county of venue, unless Unless the court otherwise directs or unless the guardian ad litem is appointed for a minor, in which case the compensation of the guardian ad litem shall be paid by the minor's parents or the county of venue as provided in s. 48.235 (8) or unless a petition to the court under this chapter is dismissed, the court shall order reasonable compensation to be paid to a guardian ad litem appointed under s. 54.40 (1) from the ward's income or assets, if sufficient, or, if insufficient, by the county of venue. If a petition to the court under this chapter is dismissed, the court shall order the petitioner to pay the compensation of the guardian ad litem. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to a private attorneys attorney under s. 977.08 (4m) (b). The guardian ad litem shall receive compensation for performing all duties required under s. 54.40 (4) and for any other acts that are approved by the court and are reasonably necessary to promote the ward's best interests.
387,499 Section 499. 880.34 (title) of the statutes is renumbered 54.64 (title) and amended to read:
54.64 (title) Duration Review of incompetency and termination of guardianship; review.
387,500 Section 500. 880.34 (1) of the statutes is renumbered 54.64 (1) and amended to read:
54.64 (1) Duration. Any guardianship of an individual found to be incompetent under this chapter shall continue during the life of the incompetent, or ward, until terminated by the court, or as provided under sub. (3) or (4). Upon reaching the age of majority, an incompetent subject to guardianship under this chapter shall be reviewed by the court for the purpose of determining whether the guardianship should be continued or modified. The court shall make a specific finding of any rights under s. 880.33 (3) which the individual is competent to exercise at the time.
387,501 Section 501. 880.34 (2) of the statutes is renumbered 54.64 (2) (d) and amended to read:
54.64 (2) (d) The court shall review and may terminate the guardianship of the person of an individual found incompetent upon marriage to any person who is not subject to a guardianship.
387,502 Section 502. 880.34 (3) of the statutes is repealed.
387,503 Section 503. 880.34 (4) of the statutes is renumbered 54.64 (2) (a) (intro.) and amended to read:
54.64 (2) (a) (intro.) A ward who is 18 years of age or older, any interested person acting on the ward's behalf, or the ward's guardian may petition for a review of incompetency. Upon such, to have the guardian discharged and a new guardian appointed, or to have the guardianship limited and specific rights restored. The petition may be filed at any time after 180 days after any previous hearing under s. 54.44, or at any time if the court determines that exigent circumstances, including presentation of new evidence, require a review. If a petition for review is filed, the court shall conduct do all of the following:
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