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.
SB391-SSA1,164,116
803.01
(3) (b) 6. If a compromise or a settlement of an action or proceeding to
7which an unrepresented minor or
mentally individual adjudicated incompetent or
8alleged to be incompetent
person is a party is proposed, a guardian ad litem shall be
9appointed, upon petition in a special proceeding, to protect the interest of the minor
10or
incompetent individual even though commencement of an action is not proposed.
11Any compromise or settlement shall be subject to s. 807.10.
SB391-SSA1, s. 230
12Section
230. 803.01 (3) (c) (title) of the statutes is amended to read:
SB391-SSA1,164,1413
803.01
(3) (c) (title)
Procedure where minor or incompetent not represented for
14unrepresented person.
SB391-SSA1, s. 231
15Section
231. 803.01 (3) (c) 2. (intro.) of the statutes is amended to read:
SB391-SSA1,164,2116
803.01
(3) (c) 2. (intro.) If the court finds after the entry of judgment or final
17order that a person, who at the time of entry of judgment or final order was a minor
18or
mentally an individual adjudicated or alleged to be incompetent, was not
19represented in the action or proceeding by an attorney of record or otherwise
20represented as provided in par. (a) the judgment or order shall be vacated on motion
21of:
SB391-SSA1, s. 232
22Section
232. 803.01 (3) (c) 2. a. of the statutes is amended to read:
SB391-SSA1,164,2523
803.01
(3) (c) 2. a. The minor or
mentally individual adjudicated or alleged to
24be incompetent, for whom no appointment was made, at any time prior to the
25expiration of one year after the disability is removed; or
SB391-SSA1,165,52
803.01
(3) (c) 2. b. The personal representative of
such the minor or
mentally 3individual adjudicated or alleged to be incompetent at any time prior to the
4expiration of one year after the death of the minor or
mentally incompetent 5individual.
SB391-SSA1,165,97
803.10
(2) Incompetency. If a party
becomes is adjudicated incompetent, the
8court upon motion served as provided in sub. (1) may allow the action to be continued
9by or against the
incompetent party's representative.
SB391-SSA1,165,2211
804.02
(1) (b)
Notice and service. The petitioner shall thereafter serve a notice
12upon each person named in the petition as an expected adverse party, together with
13a copy of the petition, stating that the petitioner will move the court, at a time and
14place named therein, for the order described in the petition. At least 20 days before
15the date of hearing the notice shall be served either within or without the state in the
16manner provided in s. 801.11 for service of summons; but if such service cannot with
17due diligence be made upon any expected adverse party named in the petition, the
18court may make such order as is just for service by publication or otherwise, and shall
19appoint, for persons not served in the manner provided in s. 801.11, an attorney who
20shall represent them, and, in case they are not otherwise represented, shall
21cross-examine the deponent. If any expected adverse party is a minor or
is an
22individual adjudicated or alleged to be incompetent, s. 803.01 (3) applies.
SB391-SSA1,166,424
806.04
(4) Representatives, etc. (intro.) Any person interested as or through
25a personal representative, trustee, guardian
, or other fiduciary, creditor, devisee,
1legatee, heir, next of kin, or cestui que trust in the administration of a trust, or of the
2estate of a decedent, infant,
mental individual adjudicated incompetent, or
3insolvent, may have a declaration of rights or legal relations in respect to the
4administration of the trust or estate for any of the following purposes:
SB391-SSA1,166,7
6807.10 (title)
Settlements in behalf of minors or individuals
7adjudicated incompetent; judgments.
SB391-SSA1,166,139
807.10
(1) A compromise or settlement of an action or proceeding to which a
10minor or
mentally individual adjudicated incompetent
person is a party may be made
11by the
general guardian, if the guardian is represented by an attorney, or the
12guardian ad litem with the approval of the court in which such action or proceeding
13is pending.
SB391-SSA1,166,2115
807.10
(2) A cause of action in favor of or against a minor or
mentally individual
16adjudicated incompetent
person may, without the commencement of an action
17thereon, be settled by the
general guardian, if the guardian is represented by an
18attorney, with the approval of the court appointing the
general guardian, or by the
19guardian ad litem with the approval of any court of record. An order approving a
20settlement or compromise under this subsection and directing the consummation
21thereof shall have the same force and effect as a judgment of the court.
SB391-SSA1,167,1323
807.10
(3) If the amount awarded to a minor
or individual adjudicated
24incompetent by judgment or by an order of the court approving a compromise
25settlement of a claim or cause of action of the minor
or individual does not exceed
1$10,000 the amount specified under s. 867.03 (1g) (intro.), exclusive of interest and
2costs and disbursements, and if there is no
general guardian of the ward, the court
3may upon application by the guardian ad litem after judgment, or in the order
4approving settlement, fix and allow the expenses of the action, including attorney
5fees and fees of guardian ad litem, authorize the payment of the total recovery to the
6clerk of the court, authorize and direct the guardian ad litem upon the payment to
7satisfy and discharge the judgment, or to execute releases to the parties entitled
8thereto
, and enter into a stipulation dismissing the action upon its merits. The order
9shall also direct the clerk upon the payment to pay the costs
and, disbursements
, and
10expenses of the action and to dispose of the balance in
one of the manners a manner 11provided in s.
880.04 (2) 54.12 (1), as selected by the court. The fee for the clerk's
12services for handling, depositing
, and disbursing funds under this subsection is
13prescribed in s. 814.61 (12) (a).
SB391-SSA1,167,1815
807.13
(2) Evidentiary hearings. (intro.) In civil actions and proceedings,
16including those under chs. 48, 51,
54, and 55
and 880, the court may admit oral
17testimony communicated to the court on the record by telephone or live audiovisual
18means, subject to cross-examination, when:
SB391-SSA1, s. 242
19Section
242. 808.075 (4) (f) (intro.) of the statutes is amended to read:
SB391-SSA1,167,2020
808.075
(4) (f) (intro.) In a case under ch.
880 54:
SB391-SSA1,167,2322
808.075
(4) (f) 1. Review a bond under s.
880.125, 880.13 or 880.60 (9) 54.46 (4)
23or 54.852 (9).
SB391-SSA1,168,2
1808.075
(4) (f) 2. Release of deposited funds under s.
880.13 (2) (b) 54.46 (4) (b)
23..
SB391-SSA1,168,44
808.075
(4) (f) 3. Order for visitation under s.
880.155 54.56.
SB391-SSA1,168,66
808.075
(4) (f) 4. Appointment of successor guardian under s.
880.17 54.54 (1).
SB391-SSA1,168,98
808.075
(4) (f) 5. Approval of guardian's exercise of marital property rights
9under s.
880.173 54.20 (2) (h).
SB391-SSA1,168,1211
808.075
(4) (f) 6. Approval of management of property under s.
880.19 54.19
12or 54.20.
SB391-SSA1,168,1514
808.075
(4) (f) 7. Direction for use of estate for benefit of wards under s.
880.21 1554.19 (4).
SB391-SSA1,168,1817
808.075
(4) (f) 8. Examination of annual accounts and assets under
s. 880.25
18ss. 54.62 and 54.66.
SB391-SSA1,168,2020
808.075
(4) (f) 9. Removal of guardian under s.
880.251 54.68 (4) (d).
SB391-SSA1,168,2222
808.075
(4) (f) 11. Termination of guardianship under s.
880.26 54.64.
SB391-SSA1,168,2524
808.075
(4) (f) 12. Restoration of specific legal rights under s.
880.33 (3) 54.64
25(2) (c).
SB391-SSA1,169,32
808.075
(4) (f) 13. Authorization of purchase of
a home for
a ward under s.
3880.60 54.852 (15) (a).
SB391-SSA1,169,85
813.12
(5) (d) A petition may be prepared and filed by the person who alleges
6that he or she has been the subject of domestic abuse or by the guardian
, as defined
7in s. 880.01 (3), of an
incompetent individual
, as defined in s. 880.01 (4), adjudicated
8incompetent in this state who has been the subject of domestic abuse.
SB391-SSA1,169,1110
813.123
(3) (b) 1. That a guardian ad litem be appointed
under s. 880.331 (1) 11for the vulnerable adult.
SB391-SSA1,169,1713
814.61
(12) (a) 1. For receiving a trust fund, or handling or depositing money
14under s. 757.25
, or 807.10 (3)
or 880.04 (2) (a), at the time the money is deposited with
15the clerk, a fee of $10 or
0.5% 0.5 percent of the amount deposited, whichever is
16greater. In addition, a fee of $10 shall be charged upon each withdrawal of any or
17all of the money deposited with the clerk.