SB391-SSA1,147,2318
706.09
(1) (f)
Lack of authority of officers, agents or fiduciaries. Any defect or
19insufficiency in authorization of any purported officer, partner, manager, agent
, or
20fiduciary to act in the name or on behalf of any corporation, partnership, limited
21liability company, principal, trust, estate, minor,
individual adjudicated 22incompetent
, or other holder of an interest in real estate purported to be conveyed
23in a representative capacity, after the conveyance has appeared of record for 5 years.
SB391-SSA1,148,16
1753.30
(1) The clerk of circuit court shall keep the books and records under s.
259.40 (2) (a) to (i) and ch. 799 and perform the duties under s. 59.40 (2) (j) to (q) for
3all matters in the circuit court except those under chs. 48
, 54, and 851 to
880 879.
4In counties having only one circuit judge, the circuit judge, with the approval of the
5chief judge of the judicial administrative district, may appoint the clerk of court
6register in probate. The appointments are revocable at the pleasure of the circuit
7judge. Appointments and revocations shall be in writing and shall be filed in the
8office of the register in probate. If appointed for this purpose, the clerk has the
9powers and duties of registers in probate. In prosecutions of ordinance violations in
10the circuit court in counties having a population of 500,000 or more, an assistant
11chief deputy clerk appointed under sub. (3) (a), or one of his or her deputies, shall
12enter upon the records of the court a statement of the offense charged, which shall
13stand as the complaint, unless the court directs formal complaint be made. The
14defendant's plea shall be guilty or not guilty, and shall be entered as not guilty on
15failure to plead, which plea of not guilty shall put all matters in such case at issue,
16any other provisions of law notwithstanding.
SB391-SSA1,149,218
757.48
(1) (a) Except as provided in s. 879.23 (4), in all matters in which a
19guardian ad litem is appointed by the court, the guardian ad litem shall be an
20attorney admitted to practice in this state. In order to be appointed as a guardian
21ad litem under s. 767.045, an attorney shall have completed 3 hours of approved
22continuing legal education that relates to the functions and duties of a guardian ad
23litem under ch. 767 and that includes training on the dynamics of domestic violence
24and the effects of domestic violence on victims of domestic violence and on children.
1In order to be appointed as a guardian ad litem under s. 54.40 (1), an attorney shall
2have complied with SRC chapter 36.
SB391-SSA1,149,84
757.48
(3) No guardian ad litem may be permitted to receive any
money or
5property assets or income of his or her ward, nor may any bond be required of a
6guardian ad litem, but all
money or property of his or her assets or income of the ward
7may be paid or delivered to
a general guardian of his or her property the ward's
8guardian of the estate, subject to the exceptions of s.
880.04 54.12.
SB391-SSA1,149,1810
757.69
(1) (h) Hear petitions for commitment and conduct probable cause
11hearings under ss. 51.20, 51.45 and 55.06 (11), conduct reviews of guardianships
12under ch. 54 and
reviews of protective placements and protective services under
chs. 13ch. 55
and 880, advise a person alleged to be mentally ill of his or her rights under
14the United States and Wisconsin constitutions
, and, if the person claims or appears
15to be unable to afford counsel, refer the person to the authority for indigency
16determinations specified under s. 977.07 (1) or, if the person is a child, refer that child
17to the state public defender
, who shall appoint counsel for the child without a
18determination of indigency, as provided in s. 48.23 (4).
SB391-SSA1,149,2520
758.19
(6) (a) In this subsection, "guardian ad litem costs" means the costs of
21guardian ad litem compensation that a county incurs under ch. 48,
54, 55, 767,
880 22or 938
or ch. 880, 2003 stats., that the county has final legal responsibility to pay
, or
23that the county is unable to recover from another person and that does not exceed
24the per hour rate established for time spent in court by private attorneys under s.
25977.08 (4m) (b).
SB391-SSA1,150,42
758.19
(6) (d) 1. The total cost of guardian ad litem compensation that the
3county incurred under chs. 48,
54, 55, 767,
880 and 938
and ch. 880, 2003 stats., in
4the previous calendar year.
SB391-SSA1,150,96
758.19
(6) (d) 2. The total guardian ad litem compensation that the county
7initially paid under chs. 48,
54, 55, 767,
880 and 938
and ch. 880, 2003 stats., and that
8was recovered in the previous calendar year by the county from another responsible
9person.
SB391-SSA1,151,511
765.11
(1) If any parent, grandparent, child, or natural guardian of a minor
12applicant for a marriage license, any brother, sister
, or guardian of either of the
13applicants for a marriage license, either of the applicants, the district attorney
, or a
14circuit court commissioner believes that the statements of the application are false
15or insufficient, or that
the applicants or either of them are an applicant is adjudicated 16incompetent
without the right to marry, that person may file with the court having
17probate jurisdiction in the county in which the marriage license is applied for, a
18petition under oath, setting forth the grounds of objection to the marriage
, and
19asking for an order requiring the parties making
such
the application to show cause
20why the marriage license should not be refused. Whereupon, the court, if satisfied
21that the grounds of objection are prima facie valid, shall issue an order to show cause
22as aforesaid, returnable as the court directs, but not more than 14 days after the date
23of the order, which shall be served forthwith upon the applicants for the marriage
24license residing in the state, and upon the clerk before whom the application has been
25made, and shall operate as a stay upon the issuance of the marriage license until
1further ordered; if either or both of the applicants are nonresidents of the state the
2order shall be served
forthwith immediately upon the nonresident by publication of
3a class 1 notice, under ch. 985, in the county
wherein
in which the application is
4pending, and by mailing a copy thereof to the nonresident at the address contained
5in the application.
SB391-SSA1,151,87
766.51
(7) A court may appoint a conservator or guardian under ch.
880 54 to
8exercise a disabled spouse's right to manage and control marital property.
SB391-SSA1,151,1810
767.29
(3) (a) If maintenance payments or support money, or both, is ordered
11to be paid for the benefit of any
person, individual who is committed by court order
12to an institution or is in confinement
, or whose legal custody is vested by court order
13under ch. 48 or 938 in an agency, department
or, relative,
or other entity, the court
14or a circuit court commissioner may order
such the maintenance payments or
15support money to be paid to the relative
or, agency, institution, welfare department
, 16or other entity having the legal or actual custody of
said person the individual, and
17to be used for the latter's care and maintenance, without the appointment of a
18guardian
under ch. 880 in this state.
SB391-SSA1,152,3
20786.01 Conveyance of lands held in trust by persons under disability. 21Whenever any minor or
person individual adjudicated incompetent
to manage his or
22her affairs is seized or possessed of any lands or interest in any lands by way of
23mortgage or in trust only for others, the circuit court of the proper county may, upon
24the petition of the guardian of the minor or
individual adjudicated incompetent
25person or of any person in any way interested in the real estate, make an order
1authorizing or compelling the minor or
individual adjudicated incompetent
person 2to convey and assure the lands or interest in the lands to any person entitled thereto,
3in such manner as the court directs.
SB391-SSA1,152,10
5786.02 Specific performance of incompetent's contract of individual
6adjudicated incompetent. A circuit court may authorize or compel the specific
7performance of any contract made by any
person who becomes individual who is
8adjudicated incompetent before
the performance
thereof of the contract, on the
9complaint or petition of the guardian of the
individual adjudicated incompetent
10person or of any other person interested in the contract.
SB391-SSA1,152,21
12786.03 Specific performance; order; appeal. No order authorizing or
13directing any such conveyance or the performance of any such contract shall be made
14until after hearing the parties and being satisfied that such conveyance ought to be
15made or such contract ought to be performed. The court may, by such order, direct
16the guardian of such
individual adjudicated incompetent
person, or a special
17guardian appointed in such proceeding, to do any act which is necessary to carry such
18order into effect. The court may further direct that the reasonable expenses of the
19proceedings be paid out of the proceeds of the sale. No appeal shall lie from such
20order unless notice of intention to appeal shall be filed with the court within 10 days
21after date of the order. The court may enforce such order by any proper proceedings.
SB391-SSA1,153,9
23786.04 Specific performance; conveyance; warranties. The court may
24require the guardian to convey the real estate which such
individual adjudicated 25incompetent
person might or ought to have conveyed if still competent. Where such
1incompetent person individual contracted before incompetency to convey real estate
2by warranty deed, the guardian shall convey by warranty deed subject to any
3exceptions set forth in the
incompetent's individual's contract to convey. The
4guardian shall not be personally liable because of any breach of such warranty, but
5such warranty deed shall have the same effect for all purposes as if the
individual
6adjudicated incompetent had executed it at such time while competent. This section
7is applicable where an
individual adjudicated incompetent before incompetency
8made an assignment of a contract to convey real estate but did not deed to the
9assignee the title to the premises covered by the contract.
SB391-SSA1,153,16
11786.05 Specific performance; recording order; effect. A certified copy of
12such judgment directing such conveyance, which is recorded in the office of the
13register of deeds in the county where the lands lie, shall be prima facie evidence of
14the correctness of the proceedings and of the authority of the guardian to convey.
15Every such conveyance shall be as effectual in passing the estate as if the
individual
16adjudicated incompetent were then competent and executed the conveyance.
SB391-SSA1,153,21
18786.06 Realty of wards; grounds for mortgage, sale, lease. (intro.) Any
19real estate, or interest therein belonging to a minor or to
a person an individual
20adjudicated incompetent
to manage personal affairs may be sold, mortgaged or
21leased:
SB391-SSA1,154,223
786.06
(1) When the personal property and the income of the real estate of such
24minor or
individual adjudicated incompetent
person are together insufficient for the
1payment of his or her debts or for the maintenance and education of himself or herself
2and family;
SB391-SSA1,154,74
786.06
(2) When the interests of such minor or
individual adjudicated 5incompetent
person require or will be substantially promoted by such disposition on
6account of such real estate or interest therein being exposed to waste or dilapidation,
7or being unproductive, or for other peculiar reasons or circumstances.
SB391-SSA1,155,3
9786.07 Realty of wards or incompetents individuals adjudicated
10incompetent; application for sale or encumbrance. The application for the
11disposition must be made to the circuit court of the county in which the real estate
12or some part thereof is situated or to the circuit court of the county in which the
13general guardian for the minor or
individual adjudicated incompetent
person has
14been appointed, by petition of the
general guardian of the minor or of the
incompetent
15person individual or by any relative or other person in behalf of either. The petition
16must be verified and must set forth the facts which would authorize the selling,
17mortgaging or leasing of the real estate or some part of the real estate for one or more
18of the reasons set forth in s. 786.06. If the real estate sold or some part of the real
19estate is situated in a county other than that in which the proceeding is taken, a
20certified copy of the order confirming the sale containing the name of the purchaser,
21the selling price and a description of the property sold shall be recorded in the office
22of the register of deeds of the county in which the real estate or any part of the real
23estate is situated. When the minor or
individual adjudicated incompetent
person has
24a
general guardian and the application is to any court other than the court in which
25the
general guardian was appointed, notice of hearing of the application shall be
1given by mailing a copy of the notice to the judge of the court that appointed the
2general guardian, and also to the
general guardian, unless he or she is the petitioner,
3at least 10 days before the date of the hearing.
SB391-SSA1,155,135
786.08
(1) (a) When the application is made on behalf of a minor or
individual
6adjudicated incompetent, who has no
general guardian, the court shall appoint some
7suitable person special guardian of the minor or
incompetent individual in the
8proceeding; the special guardian shall give a bond to the judge of the court, to be filed
9with the clerk of the circuit court, in such sum, with such sureties, and in such form
10as the circuit court or judge directs, conditioned for the faithful performance of the
11trust reposed, for paying over, investing or accounting for all moneys that shall be
12received by the guardian, according to law and for observance of the directions of the
13court in relation to the trust.
SB391-SSA1,155,2015
786.08
(1) (b) When the minor shall have a
general guardian,
such general the 16guardian may be appointed special guardian in said matter; or,
such general the 17guardian, as such, may be authorized and empowered to act in and conduct such
18proceedings in the same manner, and with the same provisions as to an additional
19general guardian's bond, as is provided in said proceedings for the conduct thereof
20by the
general guardian of
individuals adjudicated incompetent
persons.
SB391-SSA1,156,222
786.08
(2) When the application is made on behalf of an
individual adjudicated 23incompetent
person, the guardian of the
incompetent person individual shall, in the
24discretion of the court, give a bond to the judge of the court to be filed with the clerk
25of the circuit court, in such sum, additional to the guardian's original bond, as the
1court deems necessary, with such sureties and such conditions for the faithful
2performance of trust reposed as prescribed by this section.
SB391-SSA1,156,13
4786.10 Order for lease, mortgage, sale. If, after an examination of the
5matter by the court or judge to which application is made, without a reference, or on
6the coming in of the report of the referee, and on examination of the matter, it shall
7satisfactorily appear that a disposition of any part of the real estate of such minor
8or
individual adjudicated incompetent
person or any interest therein is necessary
9and proper, for any of the causes mentioned in s. 786.06 such court or judge shall
10make an order directing and authorizing the guardian to contract for the leasing,
11mortgaging
, or sale of such real estate or interest therein or of such part thereof as
12the court or judge shall deem proper in such manner and with such restrictions as
13shall be deemed expedient.
SB391-SSA1,157,2
15786.13 Platting realty of wards before sale. Whenever an order shall have
16been made for the sale of any such real estate and it shall be made to appear to the
17court or judge that the interest of the minor or other ward would be promoted by
18platting such real estate the court or judge may, by order, authorize the guardian
19either alone or together with the cotenants, if any, or other owners, to make and
20acknowledge a plat of such real estate in the manner prescribed in ch. 236. A plat
21made pursuant to such order, certified and acknowledged in manner and form
22prescribed in ch. 236 and approved by the court or presiding judge, shall be as valid
23and effectual as if made by
such the minor when of full age or by
such incompetent
24person when of sound memory and understanding the individual adjudicated
25incompetent before the adjudication. After such plat shall have been duly made and
1recorded such guardians may make separate sales of any lot or lots, according to such
2plat, or of such ward's interest therein in the manner above prescribed.
SB391-SSA1,157,8
4786.14 Realty of wards; will or conveyance not disregarded. No real
5estate or interest therein shall be sold, mortgaged or leased under the provisions of
6this chapter contrary to the provisions of any will by which the same was devised or
7of any conveyance by which the same was transferred to
such the minor or
individual
8adjudicated incompetent
person.
SB391-SSA1,157,16
10786.15 Realty of wards, validity of the conveyance. Every deed,
11mortgage, lease or other conveyance made in good faith by the guardian of a minor
12or
individual adjudicated incompetent
person, pursuant to any order or judgment of
13a circuit court, made under the provisions of this chapter, shall be as valid and
14effectual as if made by the minor when of full age or by the
incompetent person when
15of sound memory and understanding individual adjudicated incompetent before the
16adjudication.
SB391-SSA1,157,23
18786.16 Realty of wards; effect of sale; proceeds realty. No sale of the real
19estate of any minor or
individual adjudicated incompetent
person shall give to
such 20the minor or
incompetent person
individual any other or greater interest or estate
21in the proceeds of such sale than the minor or
incompetent person individual had in
22the estate so sold; but the said proceeds shall be deemed real estate of the same
23nature as the property sold.
SB391-SSA1,158,11
1786.17
(1) The court shall make an order for the application and disposition of
2the proceeds of any such sale or mortgage, and of the income derived from the
3investment thereof and of the rent accruing upon any such lease, and direct the
4investment of any portion thereof belonging to the minor or
individual adjudicated 5incompetent
person which that is not needed for the payment of debts or the
6immediate support of the
person individual and the
person's individual's family, so
7as to secure the same for the benefit of the minor or
incompetent person individual,
8and shall direct a return of the investment to be made on oath as soon as possible,
9and shall require accounts to be rendered periodically by any guardian or other
10person who may be entrusted with the disposition of the proceeds or the income
11thereof.
SB391-SSA1,158,1813
786.18
(1) If the real estate or interest therein of any minor or any
individual
14adjudicated incompetent
person which that is directed to be sold is subject to an
15estate for life or for years in the whole or any part thereof the order for the sale may,
16in the discretion of the court or presiding judge, direct that such estate shall be sold,
17with the reversionary estate or interest of the minor or
incompetent person 18individual.
SB391-SSA1,159,7
20786.19 Ward's particular estate, disposition. Where the interest of the
21minor or
individual adjudicated incompetent
person in real estate consists of an
22estate for life or for years the court or presiding judge may, by order, authorize the
23guardian to join with the
person individual holding the reversionary estate in a
24conveyance of the property to which such interest attaches, so as to fully convey the
25particular estate, on receiving from the proceeds of the sale a gross sum in
1satisfaction of such estate or such proceeds or the proper portion thereof to be
2invested, and the interest thereon paid to the
person
individual having
such the 3estate until the termination thereof; in either case the amount to be ascertained as
4prescribed in s. 786.18. When the proceeds or a proportionate part of such proceeds
5is received by the guardian for investment, the order of the court or presiding judge
6must provide for the investment thereof until termination of the particular estate,
7and then for the payment thereof to the
person individual entitled thereto.
SB391-SSA1,159,13
9786.20 Minor, or incompetent
, ward of the court. From the time of
10application on behalf of a minor
or of an incompetent person having no guardian for
11the disposition of property
, the minor
or incompetent person shall be considered the
12ward of the court in which the application is made, so far as it relates to property, its
13proceeds and income.
SB391-SSA1,159,18
15786.21 Estate of individual adjudicated incompetent, management. 16The real estate of an
individual adjudicated incompetent
person shall may not be
17leased for more than 5 years, or mortgaged or disposed of otherwise than is
18authorized and directed by this chapter.
SB391-SSA1,160,220
786.25
(1) If a minor or
individual adjudicated incompetent
person residing
21outside this state owns any right, title
, or interest in or to any real estate in this state
22and has a guardian or conservator who has been appointed in the state, territory
or, 23district
, or country where he or she resides and no guardian appointed in this state,
24the foreign guardian or conservator may file a copy of the appointment,
25authenticated so as to make the same receivable in evidence, in the circuit court for
1the county in which the real estate of the minor or
individual adjudicated 2incompetent
person is situated.
SB391-SSA1,160,134
786.25
(2) Upon filing of the appointment under sub. (1) and proper
5application, the foreign guardian or conservator may be licensed by the court or
6presiding judge to lease, mortgage
, or sell the real estate of his or her ward in the
7county under sub. (1), or any portion thereof, or interest therein, in the same manner
8and upon the same terms and conditions and for the same purposes as prescribed in
9this chapter in the case of a guardian appointed in this state. The court, or the
10presiding judge thereof, may, upon the petition of such foreign guardian or
11conservator, appoint some suitable person residing in this state, special guardian of
12the minor or
individual adjudicated incompetent
person to make the lease, mortgage
, 13or sale in the manner provided by this chapter.
SB391-SSA1,160,2315
786.25
(3) In case a special guardian shall be appointed the moneys arising
16from such lease, mortgage or sale shall be paid out and disposed of or invested as may
17be directed by the court or judge appointing such special guardian. The duly
18authenticated copy of the appointment of any guardian or conservator appointed in
19any other state, district, territory
, or country together with a duly authenticated copy
20of the appointment of the special guardian of such minor or
individual adjudicated 21incompetent
person, shall also be properly recorded and tract indexed at the ward's
22expense in the office of the register of deeds of the county in which such real estate
23is situated.
SB391-SSA1,161,6
1801.11
(2) Natural person under disability. (intro.) Upon a natural person
2under disability by serving the summons in any manner prescribed in sub. (1) upon
3such the person under disability and, in addition, where required by par. (a) or (b),
4upon a person therein designated. A minor 14 years of age or older who is not
5mentally adjudicated incompetent and not otherwise under guardianship is not a
6person under disability for purposes of this subsection.
SB391-SSA1,161,138
801.11
(2) (b) Where the person under disability is known by the plaintiff to be
9under guardianship of any kind, a summons shall be served separately upon the
10guardian in any manner prescribed in sub. (1), (5) or (6). If no guardian has been
11appointed when service is made upon a person
known to
alleged by the plaintiff to
12be incompetent to have charge of the person's affairs, then service of the summons
13shall be made upon the guardian ad litem after appointment under s. 803.01.
SB391-SSA1,161,2015
802.10
(1) Application. This section applies to all actions and special
16proceedings except appeals taken to circuit court
,; actions seeking the remedy
17available by certiorari, habeas corpus, mandamus, prohibition
, and quo warranto
,; 18actions in which all defendants are in default
,; provisional remedies
,; and actions
19under ss. 49.90 and s. 66.0114 and chs. 48,
54, 102, 108, 227, 348, 767, 778, 799 and
20812, and proceedings under chs. 851 to 882.
SB391-SSA1,161,2322
803.01
(3) (title)
Infants
Minors or individuals alleged or adjudicated
23incompetent persons.
SB391-SSA1,162,17
1803.01
(3) (a)
Appearance by guardian or guardian ad litem. If a party to an
2action or proceeding is a minor, or if
the court has reason to believe that a party is
3mentally adjudicated incompetent or alleged to be incompetent
to have charge of the
4party's affairs, the party shall appear by an attorney, by the
general guardian of the
5party's property estate of the party who may appear by attorney
, or by a guardian ad
6litem who may appear by an attorney. A guardian ad litem shall be appointed in all
7cases
where in which the minor or
individual alleged to be incompetent has no
8general guardian of
property the estate,
or where in which the
general guardian fails
9to appear and act on behalf of the ward or
individual adjudicated incompetent, or
10where in which the interest of the minor or
individual adjudicated incompetent is
11adverse to that of the
general guardian. Except as provided in s. 807.10, if the
general 12guardian does appear and act and the interests of the
general guardian are not
13adverse to the minor or
individual adjudicated incompetent, a guardian ad litem
14shall may not be appointed. Except as provided in s. 879.23 (4),
where if the interests
15of the minor or
mentally individual alleged to be or adjudicated incompetent
person 16are represented by an attorney of record
, the court shall, except upon good cause
17stated in the record, appoint that attorney as the guardian ad litem.
SB391-SSA1,163,219
803.01
(3) (b) 2. When the plaintiff is a minor 14 years of age or over, upon the
20plaintiff's application or upon the state's application under s. 767.045 (1) (c); or if the
21plaintiff is under that age or is
mentally adjudicated incompetent or alleged to be 22incompetent, upon application of the plaintiff's guardian or of a relative or friend or
23upon application of the state under s. 767.045 (1) (c). If the application is made by
24a relative,
a friend
, or the state, notice thereof must first be given to the guardian if
25the plaintiff has one in this state; if the plaintiff has none, then to the person with
1whom the minor or
mentally individual adjudicated incompetent resides or who has
2the minor or
mentally individual adjudicated incompetent in custody.
SB391-SSA1,163,104
803.01
(3) (b) 3. When the defendant is a minor 14 years of age or over, upon
5the defendant's application made within 20 days after the service of the summons or
6other original process; if the defendant is under that age or neglects to so apply or
7is
mentally adjudicated incompetent or alleged to be incompetent, then upon the
8court's own motion or upon the application of any other party or any relative or friend
9or the defendant's guardian upon such notice of the application as the court directs
10or approves.
SB391-SSA1,163,2012
803.01
(3) (b) 4. If the appointment, for a plaintiff or a defendant, is after the
13commencement of the action, it shall be upon motion entitled in the action. If the
14appointment is for a plaintiff and is made before the action is begun, the petition for
15appointment shall be entitled in the name of the action proposed to be brought by the
16minor or
individual adjudicated incompetent or alleged to be incompetent, and the
17appointment may be made before the summons is served. Upon the filing of a
18petition for appointment before summons, the clerk may impose the fee required for
19the commencement of an action, but in that event no additional commencement fee
20may be imposed when the summons is filed.
SB391-SSA1,164,422
803.01
(3) (b) 5. The motion or petition under subd. 4. shall state facts showing
23the need and authority for the appointment. The hearing on the motion or petition
24under subd. 4., if made by a minor or
mentally an individual adjudicated incompetent
25or alleged to be incompetent
person for
such person's the minor's or individual's
1guardian ad litem, may be held without notice and the appointment made by order.
2If the motion or petition is made for a minor or
mentally an individual adjudicated
3incompetent or alleged to be incompetent who is an adverse party, the hearing shall
4be on notice.