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.
SB391-SSA1,169,2419
814.66
(1) (b) 2. For filing a petition for guardianship of the estate under ch.
20880 54 or an application for conservatorship under
ch. 880 s. 54.76, if the value of the
21property, less encumbrances, liens or charges, is
$10,000 the amount specified under
22s. 867.03 (1g) (intro.) or less, a fee of $20 and, if more than
$10,000 the amount
23specified under s. 867.03 (1g) (intro.), a fee of
0.2% 0.2 percent of the value of the
24property, less encumbrances, liens or charges.
SB391-SSA1,170,3
1814.66
(1) (m) For filing a petition under s.
880.155 54.56, whether in a
2guardianship or temporary guardianship proceeding or to commence an
3independent action, $60.
SB391-SSA1,170,85
814.66
(1) (n) For depositing or disbursing money under s. 54.12 (1) (a), a fee
6of $10 or 0.5 percent of the amount deposited, whichever is greater at the time the
7money is deposited with the register in probate, and a fee of $10 whenever any
8withdrawal is made of the money deposited with the register in probate.
SB391-SSA1,170,12
10842.25 Incompetent's share
Share of individual adjudicated
11incompetent. The share of any ward shall be paid to the
general guardian of the
12ward's estate
of the ward, except under s.
54.12 (1) or s. 880.04 (2)
, 2003 stats.
SB391-SSA1,170,1914
851.72
(2) Keep a court record of every proceeding in the court under chs.
54
15and 851 to
880 879 under its proper title, a brief statement of the nature of the
16proceeding and of all papers filed therein, with the date of filing and a reference to
17where minute records can be found or to the microfilm or optical disk or electronic
18file where papers have been stored so that the court record is a complete index or brief
19history of each proceeding from beginning to final disposition.
SB391-SSA1,170,2521
851.72
(3) Keep a minute record and enter therein a brief statement of all
22proceedings of the court under chs.
54 and 851 to
880 879 during its sessions, all
23motions made and by whom, all orders granted in open court or otherwise, and the
24names of all witnesses sworn or examined. If this information is all included in the
25court record, the judge may direct that the minute record be no longer kept.
SB391-SSA1,171,62
851.73
(1) (a) May make orders for hearings when the judge is away from the
3county seat or unable to discharge duties or when given authority in writing by the
4judge and an application is made to the court in a proceeding under chs.
54 and 851
5to
880 879 requiring notice of hearing. The order and notice when signed "by the
6court, ...., register in probate" has the same effect as if signed by the judge.
SB391-SSA1,171,98
854.08
(5) (title)
Sale or loss of property of an individual adjudicated
9incompetent.
SB391-SSA1,171,1411
854.13
(2) (f)
Disclaimer by guardian or conservator. A guardian of the estate
12or a conservator appointed under ch.
54 or ch. 880
, 2003 stats., may disclaim on
13behalf of his or her ward, with court approval, if the ward is entitled to disclaim under
14this section.
SB391-SSA1,171,18
16854.17 Classification; how determined. In chs.
54 and 851 to 882,
17classification of the property of a decedent spouse and surviving spouse is
18determined under ch. 766.
SB391-SSA1,172,7
20857.15 When personal representative removed, resigns. The judge may
21accept the written resignation of any personal representative. When a personal
22representative
becomes is adjudicated incompetent, disqualified, unsuitable,
23incapable of discharging the personal representative's duties
, or is a nonresident of
24this state who has not appointed a resident agent to accept service of process in all
25actions or proceedings with respect to the estate and caused such appointment to be
1filed with the court, the court shall remove the personal representative. When any
2personal representative has failed to perform any duty imposed by law or by any
3lawful order of the court or has ceased to be a resident of the state, the court may
4remove the personal representative. When grounds for removal appear to exist, the
5court on its own motion or on the petition of any person interested shall order the
6personal representative to appear and show cause why the personal representative
7should not be removed.