54.898 Uniformity of application and construction. Sections 880.61 to 880.72 54.854 to 54.898 shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of ss. 880.61 to 880.72 54.854 to 54.898 among states enacting it.
387,550
Section
550. Subchapter IV (title) of chapter 880 [precedes 880.75] of the statutes is repealed.
387,551
Section
551. 880.75 of the statutes is renumbered 54.92.
387,552
Section
552. 880.76 of the statutes is renumbered 54.93, and 54.93 (1), (2) and (3), as renumbered, are amended to read:
54.93 (1) Definitions. (a) All definitions in s. 880.75 54.92 (1) (a) to (e) and (g) shall apply in this section, unless the context otherwise requires. "Third
(b) In this section, "3rd party" is a person other than a bank, broker, transfer agent or issuer who with respect to a security held by an incompetent or spendthrift effects a transaction otherwise than directly with the incompetent or spendthrift.
(2) Security transactions involving incompetent or spendthrift; liability. A bank, broker, issuer, third 3rd party, or transfer agent incurs no liability by reason of his or her treating an incompetent or spendthrift as having capacity to transfer a security, to receive or to empower others to receive dividends, interest, principal, or other payments or distributions, to vote or give consent in person or by proxy, or to make elections or exercise rights relating to the security, unless prior to acting in the transaction the bank, broker, issuer, third 3rd party, or transfer agent had received written notice in the office acting in the transaction that the specific security is held by a person who has been adjudicated an incompetent or a spendthrift or unless an individual conducting the transaction for the bank, broker, issuer, third 3rd party, or transfer agent had actual knowledge that the holder of the security is a person who has been adjudicated an incompetent or a spendthrift, or actual knowledge of filing of lis pendens as provided in s. 880.215 54.47. Except as otherwise provided in this section, such a bank, broker, issuer, third 3rd party, or transfer agent may assume without inquiry that the holder of a security is not an incompetent or spendthrift.
(3) Acts not subject to disaffirmance or avoidance. An incompetent or spendthrift, who has transferred a security, received or empowered others to receive dividends, interest, principal, or other payments or distributions, voted or given consent in person or by proxy, or made an election or exercised rights relating to the security, has no right thereafter, as against a bank, broker, issuer, third 3rd party, or transfer agent to disaffirm or avoid the transaction, unless prior to acting in the transaction the bank, broker, issuer, third 3rd party, or transfer agent against whom the transaction is sought to be disaffirmed or avoided had received notice in the office acting in the transaction that the specific security is held by a person who has been adjudicated an incompetent or a spendthrift or unless an individual conducting the transaction for the bank, broker, issuer, third
3rd party, or transfer agent had actual knowledge that the holder is a person who has been adjudicated an incompetent or a spendthrift, or actual knowledge of filing of lis pendens as provided in s. 880.215 54.47.
387,553
Section
553. Subchapter V (title) of chapter 880 [precedes 880.81] of the statutes is repealed.
387,554
Section
554. 880.81 of the statutes is renumbered 54.950, and 54.950 (3), (4), (7) and (12), as renumbered, are amended to read:
54.950 (3) "Conservator" Notwithstanding s. 54.01 (3), "conservator" means a person appointed or qualified by a court by voluntary proceedings to manage the estate of an individual, or a person legally authorized to perform substantially the same functions.
(4) "Court" Notwithstanding s. 54.01 (4), "court" means the circuit court of this state.
(7) "Guardian" Notwithstanding s. 54.01 (10), "guardian" means a person appointed or qualified by a court as a guardian of the person or estate, or both, of an individual, including a limited guardian with limited powers, but not a person who is only a guardian ad litem.
(12) "Personal representative"
Notwithstanding s. 54.01 (23), "personal representative" means an executor, administrator or special administrator of a decedent's estate, a person legally authorized to perform substantially the same functions or a successor to any of them.
387,555
Section
555. 880.815 of the statutes is renumbered 54.952, and 54.952 (8), as renumbered, is amended to read:
54.952 (8) This subchapter does Sections 54.950 to 54.988 do not displace or restrict other means of creating trusts. A trust whose terms do not conform to this subchapter may be enforceable according to its terms under other law.
387,556
Section
556. 880.82 of the statutes is renumbered 54.954.
387,557
Section
557. 880.825 of the statutes is renumbered 54.956.
387,558
Section
558. 880.83 of the statutes is renumbered 54.958, and 54.958 (1), as renumbered, is amended to read:
54.958 (1) Unless otherwise directed by an instrument designating a custodial trustee pursuant to s. 880.82 54.954, a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator or guardian of the estate may make a transfer to an adult member of the beneficiary's family or to a trust company as custodial trustee for the use and benefit of the incapacitated individual. If the value of the property or the debt exceeds $10,000, the transfer is not effective unless authorized by the court.
387,559
Section
559. 880.835 of the statutes is renumbered 54.960, and 54.960 (3), as renumbered, is amended to read:
54.960 (3) A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary pursuant to ss. 880.84 and 880.88 54.962 and 54.978 for the administration of the custodial trust.
387,560
Section
560. 880.84 of the statutes is renumbered 54.962.
387,561
Section
561. 880.845 of the statutes is renumbered 54.964, and 54.964 (2), as renumbered, is amended to read:
54.964 (2) This section does not relieve a custodial trustee from liability for a violation of s. 880.84
54.962.
387,562
Section
562. 880.85 of the statutes is renumbered 54.966.
387,563
Section
563. 880.855 of the statutes is renumbered 54.968, and 54.968 (1) (a), as renumbered, is amended to read:
54.968 (1) (a) The custodial trust was created under s. 880.83 54.958.
387,564
Section
564. 880.86 of the statutes is renumbered 54.970.
387,565
Section
565. 880.865 of the statutes is renumbered 54.972.
387,566
Section
566. 880.87 of the statutes is renumbered 54.974, and 54.974 (1) and (3), as renumbered, are amended to read:
54.974 (1) Before accepting the custodial trust property, a person designated as custodial trustee may decline to serve by notifying the person who made the designation, the transferor or the transferor's legal representative. If an event giving rise to a transfer has not occurred, the substitute custodial trustee designated under s. 880.82 54.954 becomes the custodial trustee, or, if a substitute custodial trustee has not been designated, the person who made the designation may designate a substitute custodial trustee pursuant to s. 880.82 54.954. In other cases, the transferor or the transferor's legal representative may designate a substitute custodial trustee.
(3) If a custodial trustee or successor custodial trustee is ineligible, resigns, dies or becomes incapacitated, the successor designated under s. 880.815 (7) or 880.82 54.952 (7) or 54.954 becomes custodial trustee. If there is no effective provision for a successor, the beneficiary, if not incapacitated, may designate a successor custodial trustee. If the beneficiary is incapacitated or fails to act within 90 days after the ineligibility, resignation, death or incapacity of the custodial trustee, the beneficiary's conservator or guardian of the estate becomes successor custodial trustee. If the beneficiary does not have a conservator or a guardian of the estate, or the conservator or guardian of the estate fails to act, the resigning custodial trustee may designate a successor custodial trustee.
387,567
Section
567. 880.875 of the statutes is renumbered 54.976.
387,568
Section
568. 880.88 of the statutes is renumbered 54.978.
387,569
Section
569. 880.885 of the statutes is renumbered 54.980.
387,570
Section
570. 880.89 of the statutes is renumbered 54.982, and 54.982 (2) (b), as renumbered, is amended to read:
54.982 (2) (b) To the survivor of multiple beneficiaries if survivorship is provided for pursuant to s. 880.835 54.960.
387,571
Section
571. 880.895 of the statutes is renumbered 54.984, and 54.984 (1) (intro.), as renumbered, is amended to read:
54.984 (1) (intro.) If a transaction, including a declaration with respect to or a transfer of specific property, otherwise satisfies applicable law, the criteria of s. 880.815 54.952 are satisfied by any of the following:
387,572
Section
572. 880.90 of the statutes is renumbered 54.986, and 54.986 (1), as renumbered, is amended to read:
54.986 (1) This subchapter applies
Sections 54.950 to 54.988 apply to a transfer or declaration creating a custodial trust that refers to this subchapter if, at the time of the transfer or declaration, the transferor, beneficiary or custodial trustee is a resident of or has its principal place of business in this state or custodial trust property is located in this state. The custodial trust remains subject to this subchapter despite a later change in residence or principal place of business of the transferor, beneficiary or custodial trustee, or removal of the custodial trust property from this state.
387,573
Section
573. 880.905 of the statutes is renumbered 54.988 and amended to read:
54.988 Uniformity of application and construction. This subchapter Sections 54.950 to 54.988 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subchapter among states enacting it.
387,574
Section
574. 885.17 of the statutes is amended to read:
885.17 Transactions with deceased agent. No party, and no person from, through, or under whom a party derives the party's interest or title shall, may be examined as a witness in respect to any transaction or communication by the party or person personally with an agent of the adverse party or an agent of the person from, through, or under whom such adverse party derives his or her interest or title, when such if the agent is dead or insane, or otherwise legally, mentally ill, or adjudicated incompetent as a witness, unless the opposite party shall first be examined or examine some other witness in his or her behalf examined in respect to some transaction or communication between such the agent and such the other party or person; or unless the testimony of such
the agent, at any time taken, be first read or given in evidence by the opposite party; and then, in either case respectively, only in respect to such the transaction or communication of which testimony is so given or to the matters to which such the testimony relates.
387,575
Section
575. 905.04 (4) (a) of the statutes is amended to read:
905.04 (4) (a) Proceedings for hospitalization, guardianship, protective services or protective placement. There is no privilege under this rule as to communications and information relevant to an issue in proceedings to hospitalize the patient for mental illness, to appoint a guardian under s. 880.33 in this state, for court-ordered protective services or protective placement, or for review of guardianship, protective services or protective placement orders, if the physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization, guardianship, protective services, or protective placement.
387,576
Section
576. 905.04 (4) (am) of the statutes is amended to read:
905.04 (4) (am) Proceedings for guardianship. There is no privilege under this rule as to information contained in a statement concerning the mental condition of the patient furnished to the court by a physician or psychologist under s. 54.36 (1) or s. 880.33 (1), 2003 stats.
387,577
Section
577. 938.02 (20m) (a) 5. of the statutes is amended to read:
938.02 (20m) (a) 5. If a person specified in subd. 1. has been determined to be adjudicated incompetent under ch. 880 in this state, the guardian of the person appointed under ch. 880 for him or her.
387,578
Section
578. 938.345 (1) (e) of the statutes is amended to read:
938.345 (1) (e) Place any juvenile not specifically found under chs. 46, 49, 51, 54. or 115 and or ch. 880, 2003 stats., to be developmentally disabled or mentally ill or to be a child with a disability, as defined in s. 115.76 (5), in facilities which that exclusively treat those categories of juveniles.
387,579
Section
579. 949.04 (1) (b) of the statutes is amended to read:
949.04 (1) (b) Application by an individual adjudicated incompetent may be made on the incompetent's individual's behalf by the guardian or other person authorized to administer the incompetent's individual's estate.
387,580
Section
580. 950.02 (4) (a) 5. of the statutes is amended to read:
950.02 (4) (a) 5. If a person specified in subd. 1. has been determined to be adjudicated incompetent under ch. 880 in this state, the guardian of the person appointed under ch. 880 for him or her.
387,581
Section
581. 968.20 (1m) (a) 1. of the statutes is amended to read:
968.20 (1m) (a) 1. "Crime" includes an act committed by a juvenile or by an adult who is adjudicated incompetent adult which that would have been a crime if the act had been committed by a competent adult.
387,582
Section
582. 992.08 of the statutes is amended to read:
992.08 Evidence as to county lands; minors. Whenever in any action it is material to any party to show that the title to any tract of land is vested in any county, under chapter 132 of the general laws of 1866, by having been bid in for such county for 5 successive years on sales for taxes and that the tract remains unredeemed, the statement of such sales made by the county treasurer, or the record of such statement in the book kept for that purpose in the treasurer's office, or the certificates of such sales executed by the treasurer to the county shall be prima facie evidence of the regularity of the tax proceedings from and including the valuation of any such tract of land up to and inclusive of the sale thereof and of the existence of all conditions precedent in any way affecting the validity of such sales, or requisite to make the title of such land absolutely vest in the county in which the same is situate. This section does not apply to any such lands if it appears that they were owned at the time of the sales by minors or persons individuals who were
adjudicated incompetent, insane or mentally ill or
were under guardianship.
387,583
Section
583
.
Nonstatutory provisions.
(1) Review of order; involuntary administration of psychotropic medication. For an individual who is subject to an order appointing a guardian under section 880.33 (4m), 2003 stats., and to an order initially issued under section 880.33 (4r), 2003 stats., that is in effect on the effective date of this subsection, the county department of the individual's county of residence shall, no later than 9 months after the effective date of this subsection, review the individual's status under the requirements of section 55.19 of the statutes, as created by this act.
(2) Transition; involuntary administration of psychotropic medication. Notwithstanding the treatment of sections 880.07 (1m), 880.33 (2) (d), (4m), and (4r), and 880.34 (6) of the statutes by this act, all orders issued under section 880.33 (4m) and (4r), 2003 stats., in effect on the effective date of this subsection, remain in effect until modified or terminated by a court order under section 55.19 (3) (e) 2. or 3. of the statutes, as created by this act.
(3)
Compliance by facilities with requirements for administration of psychotropic medication.
(a) The department of health and family services shall submit in proposed form the rules required under section 50.02 (2) (ad), as created in this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this paragraph.
(b) Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate rules required under section 50.02 (2) (ad) of the statutes, as created by this act, for the period before the effective date of the rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of health and family services is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.
(4) Transition; guardianship appointments.
(a) 1. Notwithstanding the treatment of sections 880.03 and 880.12 of the statutes by this act, except as provided in subsection (5), all guardianships of the person appointed under section 880.03, 2003 stats., in effect on the effective date of this subsection, remain in effect until modified by court order under section 54.64 (2), of the statutes, as affected by this act, terminated by court order under section 54.64 (3) of the statutes, as affected by this act, or removed by court order under section 54.68 (4) (d) or (5) of the statutes, as created by this act.
2. Notwithstanding the treatment of sections 880.03 and 880.12 of the statutes by this act, except as provided in subsection (5), all guardianships of the estate appointed under section 880.03, 2003 stats., in effect on the effective date of this subsection, remain in effect until modified by court order under section 54.64 (2) of the statutes, as affected by this act, terminated by court order under section 54.64 (4) of the statutes, as affected by this act, or removed by court order under section 54.68 (4) (d) or (5) of the statutes, as created by this act.
(b) Notwithstanding the treatment of sections 880.295 and 880.33 (4) of the statutes, by this act, except as provided in subsection (5), all guardianships appointed under section 880.295 or 880.33 (4), 2003 stats., in effect on the effective date of this subsection, remain in effect until modified by court order under section 54.64 (2) of the statutes, as affected by this act, terminated by court order under section 54.64 (3) or (4) of the statutes, as affected by this act, or removed by court order under section 54.68 (4) (d) or (5) of the statutes, as created by this act.
(5) Transition; guardianship review and removal.
(a) Notwithstanding the treatment of section 880.16 and 880.192 of the statutes by this act, all actions for removal of a guardian under section 880.16, 2003 stats., in effect on the effective date of this subsection, remain in effect until determined by the court under that section, and all actions for review of an account or removal of a guardian under section 880.192, 2003 stats., in effect on the effective date of this subsection, remain in effect until determined by the court under that section.
(b) Notwithstanding the treatment of sections 880.251 and 880.34 (3) of the statutes by this act, all actions for removal of a guardian under section 880.251, 2003 stats., in effect on the effective date of this subsection remain in effect until the court issues an order of removal or dismisses the action, and all actions under section 880.34 (3), 2003 stats., for discharge of a guardian or limitation of a guardianship in effect on the effective date of this subsection remain in effect until determined by the court under that subsection.
(6) Transition; limited guardianship. Notwithstanding the treatment of sections 880.33 (3) and 880.37 of the statutes by this act, all limited guardianships appointed under sections 880.33 (3) and 880.37, 2003 stats., in effect on the effective date of this subsection remain in effect until modified by court order under section 54.64 (2) of the statutes, as affected by this act, terminated by court order under section 54.64 (3) or (4) of the statutes, as affected by this act, or removed by court order under section 54.68 (4) (d) or (5) of the statutes, as created by this act.
387,584
Section
584.
Initial applicability.
(1) Venue; county of residence; county of responsibility. The treatment of sections 51.01 (4g), (4r), (14), (14t), 51.05 (2), 51.22 (4), 51.40 (title), (1) (e), (em), (hm), (j), and (m) and (2) (intro.), (a) 1. and 2., (b) (intro.), 1., 2. (intro.), a., b., c., d., and g., (f), and (g) 1. and 6., 55.06 (3) (c) and (d), 880.05, 880.06 (title), (1), and (2), and 880.33 (2) (a) 3. of the statutes first applies to determinations of the county of residence made on the effective date of this subsection.
(2) Requirements for finding that an individual is a minor, incompetent, or a spendthrift and appointment of guardian. The treatment of sections 46.977 (1) (a) and (2) (a) and (c) 2., 48.14 (2) (b) and (11), 48.345 (intro.), 48.347 (intro.), 48.62 (2), 48.831 (1) and (1m) (e), 48.977 (8) (title), (a), and (b), 48.978 (7) (title) and (a) to (c), 50.03 (14) (c) 8. e., 50.06 (2) (c), 51.30 (4) (b) 8m. and 18. a. and c. and (5) (e), 51.40 (1) (f), 51.45 (2) (e) and (13) (c) and (e), 54.01 (title) and (intro.), (1), (4) to (7), (10) to (15), (17) (a) and (b), (18), (19), (23) to (27), (29), (30), (33), (35), (36), and (38), 54.10, 54.15 (1m) (title), (2), (3), (4) (title), and (8), 54.25 (1) (title), (intro.) and (b) 1. to 5. and (2), 54.34 (1) (k) to (p), 54.36 (2) and (3), 54.38 (title), (1), and (2) (b), 54.40 (4) (c), (d), (g), and (h), 54.42 (title), (1) (a) 1. to 3. and (b), (2), (3) (title), (5), and (6), 54.44 (1) to (3) (a), (4) and (6), 54.46 (title), (intro.), (1), (2) (title), (intro.), (a) and (c), and (3) (c), 54.60 (2) to (6), 55.06 (1) (a), 223.10, 243.07 (3) (b), 757.48 (1) (a), 814.66 (1) (b) 2. and (m), 880.01 (intro.), (1) to (7), and (8) to (10), 880.02, 880.03, 880.04 (1), 880.05, 880.06 (title), (1), and (2), 880.07 (title), (1) (intro.), (a) to (j), (2), and (4), 880.08 (intro.), (2), (3) (title), (am) (intro.), and 1. to 4. and (e), and (4), 880.09 (intro.), (2), and (4), 880.10, 880.12, 880.125, 880.13 (title), (1), (2) (title), (a), and (b), and (3), 880.14, 880.33 (title), (1) to (4), (5), (5m), (8), and (9), 880.331 (title), (1) to (3), (4) (intro.) and (a) to (f), and (6) to (8), 880.35, and 880.81 (7), subchapters I (title), II (title), III (title), IV (title), and V (title) of chapter 54, subchapter I (title) of chapter 880, and chapters 54 (title) and 880 (title) of the statutes, the repeal of sections 880.08 (1) (title) and 880.09 (1) (title), (3) (title), and (7) (title) of the statutes, and the renumbering and amendment of sections 880.075, 880.08 (1), and 880.09 (1), (3), and (7) of the statutes first apply to a petition for guardianship filed on the effective date of this subsection.
(3) Exceptions to appointment of guardian. The treatment of sections 54.12 (1) (e) and (f), 814.61 (12) (a) 1., 814.66 (1) (n), and 880.04 (title), (2), (2m), and (3) of the statutes first applies to an action or proceeding pending on the effective date of this subsection.
(4) Standby guardianship. The treatment of section 880.36 (title) and (1) of the statutes first applies to a petition for appointment of a standby guardian filed on the effective date of this subsection.
(5) Successor guardianship. The treatment of section 880.17 of the statutes first applies to a petition filed or motion brought on the effective date of this subsection.
(6) Elimination of limited guardianship of property. The treatment of sections 6.03 (1) (a) and (3), 17.03 (6), 51.35 (7), 54.34 (1) (m), 55.06 (14), 155.60 (2), 706.03 (4), 880.215, and 880.37 of the statutes first applies to a procedure for appointment of a limited guardian that is conducted on the effective date of this subsection.
(7) Temporary guardianship. The treatment of sections 50.94 (6), 54.50 (title), (1), and (3), and 880.15 (title), (1), (1m), (1s), (2), and (3) of the statutes first applies to petitions filed on the effective date of this subsection.
(8) Power of attorney for health care. The treatment of sections 155.05 (1), 155.40 (2m), 155.60 (2), and 880.33 (3) and (8) (b) of the statutes first applies to the appointment of a guardian under section 54.46 (2) of the statutes, as created by this act, on the effective date of this subsection.
(9) Durable power of attorney. The treatment of sections 54.46 (2) (c), 54.76 (3) and (3g), and 243.07 (3) (a) and (b) and (7) (c) of the statutes first applies to the appointment of a guardian under section 54.46 (2) of the statutes, as created by this act, or to the appointment of a conservator under section 54.76 (2) of the statutes, as created by this act, on the effective date of this subsection.
(10) Duties and powers of guardian of the estate. The treatment of sections 54.18 (title) and (1) to (3) (intro.) and (b), 54.19 (title), (intro.), (2) to (6), (8) to (10), 54.20 (title), (1) (a) to (c), (2) (title), (intro.), (a), (c) to (g), (i), and (j), (3) (title), (intro.), (a) to (e), and (k), 54.21, 880.173 (title), (1), and (2), 880.19 (title), (2) (title), (a) and (b), (4) (title) and (a) to (c), and (5) (title) and (a) to (d), 880.191 (title), (1), and (2), 880.192, 880.195, 880.21, 880.215, 880.22 (title), and 880.24 (title), (1), (2), and (3) (title), (a) (intro.) and 1. to 4., and (b) of the statutes, the repeal of section 880.175 (title), 880.18 (title), 880.19 (1) (title) and (3) (title), 880.22 (1) (title) and (2) (title), and 880.23 (title) of the statutes, and the renumbering and amendment of sections 880.175, 880.18, 880.19 (1) and (3), 880.22 (1) and (2), and 880.23 of the statutes first apply to a guardianship of the estate in effect on the effective date of this subsection.
(11) Duties and powers of guardian of the person. The treatment of sections 54.18 (title) and (1) to (3) (intro.) and (b), 54.25 (1) (title), (intro.) and (b) 1. to 5. and (2), 880.33 (9), and 880.38 (title) and (1) to (3) of the statutes first applies to a guardianship of the person in effect on the effective date of this subsection and to a petition for guardianship filed on the effective date of this subsection.
(12) Notes and mortgages of minor veterans. The treatment of section 880.32 of the statutes first applies to a note or mortgage executed on the effective date of this subsection.
