SB391-SSA1,97,1918 4. Total marital property of the ward, as determined under ch. 766, on
19December 31 of the year in question.
SB391-SSA1,97,2120 (b) The court shall provide notice of the waiver under par. (a) to any adult child
21of the ward.
SB391-SSA1,97,22 22(7) (a) The ward.
SB391-SSA1,97,2323 (b) Any guardian ad litem appointed by the court.
SB391-SSA1,97,2524 (c) Any personal representative or special administrator appointed by the
25court.
SB391-SSA1,98,6
154.63 Expansion of order of guardianship; procedure. (1) If the
2guardian or another interested person submits to the court a written statement with
3relevant accompanying support requesting the removal of rights from the ward and
4transfer to the guardian of powers in addition to those specified in the order of
5appointment of the guardian, based on an expansion of the ward's incapacity, the
6court shall do all of the following:
SB391-SSA1,98,77 (a) Appoint a guardian ad litem for the ward.
SB391-SSA1,98,98 (b) Order that notice, including notice concerning potential court action if
9circumstances are extraordinary, be given to all of the following:
SB391-SSA1,98,1110 1. The county department of social services or human services if the ward is
11protectively placed or receives long-term support services as a public benefit.
SB391-SSA1,98,1212 2. The ward.
SB391-SSA1,98,1313 3. The guardian.
SB391-SSA1,98,1514 4. The agent under the ward's power of attorney for health care under ch. 155,
15if any, and the agent under the ward's durable power of attorney under ch. 243, if any.
SB391-SSA1,98,1616 5. Any other persons determined by the court.
SB391-SSA1,98,21 17(2) (a) If, after 10 days after notice is provided under sub. (1) (b), or earlier if
18the court determines that the circumstances are extraordinary, no person submits
19to the court an objection to the request under sub. (1), the court may amend the order
20entered under s. 54.46 (2) and enter a determination and the amended order that
21specifies any change in the powers of the guardian.
SB391-SSA1,98,2422 (b) If, within 10 days after notice is provided under sub. (1) (b), a person submits
23to the court an objection to the request under sub. (1), the court shall hold a hearing,
24unless the objector declines a hearing, under the procedure specified in s. 54.64 (2).
SB391-SSA1,98,2525 54.64 (2) Review and modification.
SB391-SSA1,99,1
1(a) 1. Appoint a guardian ad litem.
SB391-SSA1,99,22 2. Fix a time and place for hearing.
SB391-SSA1,99,43 3. Designate the persons who are entitled to notice of the hearing and designate
4the manner in which the notice shall be given.
SB391-SSA1,99,125 (b) The ward has the right to counsel for purposes of the hearing under par. (a).
6Notwithstanding any finding of incompetence for the ward, the ward may retain and
7contract for the payment of reasonable fees to an attorney, the selection of whom is
8subject to court approval, in connection with proceedings involving review of the
9terms and conditions of the guardianship, including the question of incompetence.
10The court shall appoint counsel if the ward is unable to obtain counsel. If the ward
11is indigent, the county of jurisdiction for the guardianship shall provide counsel at
12the county's expense.
SB391-SSA1,99,14 13(3) (b) The ward changes residence from this state to another state and a
14guardian is appointed in the new state of residence.
SB391-SSA1,99,1515 (e) The ward dies.
SB391-SSA1,99,17 16(4) (b) The ward changes residence from this state to another state and a
17guardian is appointed in the new state of residence.
SB391-SSA1,99,19 18(5) (b) Continue the guardianship, but waive requirements for a bond for the
19guardian and waive or require an accounting by the guardian.
SB391-SSA1,99,20 2054.66 Final accounts.
SB391-SSA1,99,23 21(3) Discharge. After approving the final account and after the guardian has
22filed proper receipts, the court shall discharge the guardian and release the
23guardian's bond.
SB391-SSA1,99,25 2454.68 Review of conduct of guardian. (1) Continuing jurisdiction of
25court.
The court that appointed the guardian or that granted a petition for

1acceptance and receipt of a foreign guardianship has continuing jurisdiction over the
2guardian. Within a reasonable period of time after granting a petition for receipt and
3acceptance of a foreign guardianship under s. 54.46 (1r), the court shall review the
4provisions of the guardianship and, as part of its review, shall inform the guardian
5and ward of services that may be available to the ward.
SB391-SSA1,100,8 6(2) Cause for court action against a guardian. Any of the following, if
7committed by a guardian with respect to a ward or the ward's income or assets,
8constitutes cause for a remedy of the court under sub. (4):
SB391-SSA1,100,109 (a) Failing to file timely an inventory or account, as required under this
10chapter, that is accurate and complete.
SB391-SSA1,100,1111 (b) Committing fraud, waste, or mismanagement.
SB391-SSA1,100,1212 (c) Abusing or neglecting the ward or knowingly permitting others to do so.
SB391-SSA1,100,1313 (d) Engaging in self-dealing.
SB391-SSA1,100,1514 (e) Failing to provide adequately for the personal needs of the ward from the
15ward's available assets and income, including any available public benefits.
SB391-SSA1,100,1816 (f) Failing to exercise due diligence and reasonable care in assuring that the
17ward's personal needs are being met in the least restrictive environment consistent
18with the ward's needs and incapacities.
SB391-SSA1,100,1919 (g) Failing to act in the best interests of the ward.
SB391-SSA1,100,2120 (h) Failing to disclose conviction for a crime that would have prevented
21appointment of the person as guardian.
SB391-SSA1,100,2222 (i) Failing to disclose that the guardian is listed under s. 146.40 (4g) (a) 2.
SB391-SSA1,100,2523 (j) Other than as provided in pars. (a) to (i), failing to perform any duties of a
24guardian or performing acts prohibited to a guardian as specified in ss. 54.18, 54.19,
2554.20, 54.22, 54.25, and 54.62.
SB391-SSA1,101,6
1(3) Procedure. Upon the filing of a petition for review of the conduct of a
2guardian, the court shall hold a hearing in not less than 10, nor more than 60, days
3and shall order that the petitioner provide notice of the hearing to the ward, the
4guardian, and any other persons as determined by the court. The court may
5authorize use by the petitioner of any of the methods of discovery specified in ch. 804
6in support of the petition to review conduct of the guardian.
SB391-SSA1,101,9 7(4) Remedies of the court. If petitioned by any party or on the court's own
8motion and after finding cause as specified in sub. (2), a court may do any of the
9following:
SB391-SSA1,101,1110 (a) Order the guardian to file an inventory or other report or account required
11of the guardian.
SB391-SSA1,101,1312 (b) Require the guardian to reimburse the ward or, if deceased, the ward's
13estate for losses incurred as the result of the guardian's breach of a duty to the ward.
SB391-SSA1,101,1514 (c) Impose a forfeiture of up to $10,000 on the guardian, or deny compensation
15for the guardian or both.
SB391-SSA1,101,1616 (d) Remove the guardian.
SB391-SSA1,101,1917 (e) Enter any other order that may be necessary or appropriate to compel the
18guardian to act in the best interests of the ward or to otherwise carry out the
19guardian's duties.
SB391-SSA1,101,22 20(5) Removal of paid guardian. The court may remove a paid guardian if
21changed circumstances indicate that a previously unavailable volunteer guardian is
22available to serve and that the change would be in the best interests of the ward.
SB391-SSA1,101,24 23(6) Fees and costs in proceedings. In any proceeding under sub. (2) or (5), all
24of the following apply:
SB391-SSA1,102,2
1(a) The court may require the guardian to pay personally any costs of the
2proceeding, including costs of service and attorney fees.
SB391-SSA1,102,63 (b) Notwithstanding a finding of incompetence, a ward who is petitioning the
4court under sub. (2) may retain legal counsel, the selection of whom is subject to court
5approval, and contract for the payment of fees, regardless of whether or not the
6guardian consents or whether or not the court finds cause under sub. (2).
SB391-SSA1,102,9 754.72 Guardian compensation and reimbursement. A guardian of the
8person or a guardian of the estate is entitled to compensation and to reimbursement
9for expenses as follows:
SB391-SSA1,102,11 10(1) Compensation. (a) Subject to the court's approval, as determined under par.
11(b), a guardian shall receive reasonable compensation for the guardian's services.
SB391-SSA1,102,1312 (b) The court shall use all of the following factors in deciding whether
13compensation for a guardian is just and reasonable:
SB391-SSA1,102,1414 1. The reasonableness of the services rendered.
SB391-SSA1,102,1515 2. The fair market value of the services rendered.
SB391-SSA1,102,1616 3. Any conflict of interest of the guardian.
SB391-SSA1,102,1717 4. The availability of another to provide the services.
SB391-SSA1,102,1918 5. The value and nature of the ward's assets and income, including the sources
19of the ward's income.
SB391-SSA1,102,2020 6. Whether the ward's basic needs are being met.
SB391-SSA1,102,2121 7. The hourly or other rate proposed by the guardian for the services.
SB391-SSA1,102,2522 (c) The amount of the compensation may be determined on an hourly basis, as
23a monthly stipend, or on any other basis that the court determines is reasonable
24under the circumstances. The court may establish the amount or basis for computing
25the guardian's compensation at the time of the guardian's initial appointment.
SB391-SSA1,103,4
1(2) Reimbursement of expenses. The guardian shall be reimbursed for the
2amount of the guardian's reasonable expenses incurred in the execution of the
3guardian's duties, including necessary compensation paid to an attorney, an
4accountant, a broker, and other agents or service providers.
SB391-SSA1,103,7 5(3) When court approval required. A court must approve compensation and
6reimbursement of expenses before payment to the guardian is made, but court
7approval need not be obtained before charges are incurred.
SB391-SSA1,103,108 subchapter VI
9 voluntary proceedings;
10 conservators
SB391-SSA1,103,11 1154.76 Conservator; appointment; duties and powers; termination.
SB391-SSA1,103,18 12(3g) If the individual has executed a durable power of attorney before the
13proceedings under this section, the durable power of attorney remains in effect,
14except that the court may, only for good cause shown, revoke the durable power of
15attorney or limit the authority of the agent under the terms of the durable power of
16attorney. Unless the court makes this revocation or limitation, the individual's
17conservator may not make decisions for the individual that may be made by the
18agent, unless the conservator is the agent.
SB391-SSA1,103,21 19(3m) A person may at any time bring a petition for the appointment of a
20standby conservator for an individual for whom a conservator has been appointed
21under sub. (2).
SB391-SSA1,104,10 22(3n) At any hearing conducted under this section the court may designate one
23or more standby conservators for an individual for whom a conservator has been
24appointed under sub. (2) whose appointment shall become effective immediately
25upon the death, unwillingness, unavailability, or inability to act, resignation, or

1court's removal of the initially appointed conservator or during a period, as
2determined by the initially appointed conservator or the court, when the initially
3appointed conservator is temporarily unable to fulfill his or her duties, including
4during an extended vacation or illness. The powers and duties of the standby
5conservator shall be the same as those of the initially appointed conservator. The
6standby conservator shall receive a copy of the court order establishing or modifying
7the initial conservatorship and the order designating the standby conservator. Upon
8assuming office, the standby conservator shall so notify the court. Upon notification,
9the court shall designate this conservator as permanent or shall specify the time
10period for a limited standby conservatorship.
SB391-SSA1,104,14 11(6) The court that appointed the conservator shall have continuing jurisdiction
12over the conservator. Any of the following, if committed by a conservator with respect
13to a conservatee or the conservatee's income or assets, constitutes cause for removal
14of the conservator under sub. (7) (a) 5:
SB391-SSA1,104,1615 (a) Failing to file timely an inventory or account, as required under this
16chapter, that is accurate and complete.
SB391-SSA1,104,1717 (b) Committing fraud, waste, or mismanagement.
SB391-SSA1,104,1918 (c) Abusing or neglecting the conservatee or knowingly permitting others to do
19so.
SB391-SSA1,104,2020 (d) Engaging in self-dealing.
SB391-SSA1,104,2221 (e) Failing to provide adequately for the personal needs of the conservatee from
22the available income and assets and any available public benefits.
SB391-SSA1,104,2323 (f) Failing to act in the best interests of the conservatee.
SB391-SSA1,104,2524 (g) Failing to disclose conviction for a crime that would have prevented
25appointment of the person as conservator.
SB391-SSA1,105,1
1(h) Failing to disclose that the conservator is listed under s. 146.40 (4g) (a) 2.
SB391-SSA1,105,3 2(7) (a) The powers of a conservator may not be terminated without a hearing
3and may not be terminated unless any of the following occurs:
SB391-SSA1,105,54 1. The court removes the conservator on the court's own motion or under sub.
5(4).
SB391-SSA1,105,76 2. The court appoints a guardian for the individual whose income and assets
7are conserved.
SB391-SSA1,105,88 3. The individual whose income and assets are conserved dies.
SB391-SSA1,105,109 4. The conservator or individual whose income and assets are conserved
10changes residence to another state.
SB391-SSA1,105,1111 5. The court finds cause, as specified in sub. (6), for removal of the conservator.
SB391-SSA1,105,1712 (b) If anyone objects to termination of the conservatorship and alleges that the
13individual whose income and assets are conserved is appropriate for appointment of
14a guardian, the court may stay the hearing under par. (a) for 14 days to permit any
15interested person to file a petition for guardianship. If no petition is filed, the court
16may terminate the conservatorship and may appoint a guardian ad litem for the
17individual.
SB391-SSA1,106,2 18(8) If a court terminates a conservatorship or a conservator resigns, is removed,
19or dies, the conservator or the conservator's personal representative or special
20administrator shall promptly render a final account of the former conservatee's
21income and assets to the court and to the former conservatee, any guardian of the
22former conservatee, or any deceased conservatee's personal representative or special
23administrator, as appropriate. If the conservator dies and the conservator and the
24deceased conservatee's personal representative or special administrator are the
25same person, the deceased conservatee's personal representative or special

1administrator shall give notice of the termination and rendering of the final account
2to all interested persons of the conservatee's estate.
SB391-SSA1,106,8 3(9) (a) If a conservator resigns, is removed, or dies, the court, on its own motion
4or upon petition of any interested person, may appoint a competent and suitable
5person as successor conservator. The court may, upon request of any interested
6person or on its own motion, direct that a petition for appointment of a successor
7conservator be heard in the same manner and subject to the same requirements as
8provided under this section for an original appointment of a conservator.
SB391-SSA1,106,139 (b) If the appointment under par. (a) is made without hearing, the successor
10conservator shall provide notice to the individual for whom a conservator has been
11appointed and all interested persons of the appointment, the right to counsel, and
12the right to petition for reconsideration of the successor conservator. The notice shall
13be served personally or by mail not later than 10 days after the appointment.
SB391-SSA1,106,1414 subchapter vii
SB391-SSA1,106,1515 uniform guardianship acts
SB391-SSA1,106,16 1654.850 Definitions. In this subchapter:
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