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.
SB391-SSA1,172,16
9860.13 Who not to be purchaser, mortgagee or lessee without court
10approval. The personal representative may not be interested as a purchaser,
11mortgagee
, or lessee of any property in the estate unless the purchase, mortgage
, or
12lease is made with the written consent of the persons interested and of the guardian
13ad litem for minors and
incompetents individuals adjudicated incompetent or with
14the approval of the court after petition and hearing on notice given under s. 879.03
15to all persons interested, or unless the will of the decedent specifically authorizes the
16personal representative to be interested as a purchaser, mortgagee
, or lessee.
SB391-SSA1,172,19
18862.03 (title)
Account of incompetent, deceased or removed personal
19representative adjudicated incompetent, deceased, or removed.
SB391-SSA1,173,221
862.03
(1) Incompetent personal Personal representative adjudicated
22incompetent. If a personal representative is
adjudged adjudicated incompetent, the
23account under s. 862.01 shall be filed by the personal representative's guardian, or
, 24if the personal representative's guardian fails to file
, then by the personal
25representative's bondsman. If neither the guardian nor the bondsman files an
1account, the court shall appoint a special administrator to file the account of the
2incompetent personal representative
who is adjudicated incompetent.
SB391-SSA1,173,84
862.03
(4) Payment for preparation. The person who prepares and files an
5account in accordance with this section shall be allowed the reasonable value of the
6person's services to be paid out of the estate, and the fees of the
incompetent,
7deceased or removed personal representative
who is adjudicated incompetent,
8deceased, or removed shall be reduced accordingly.
SB391-SSA1,173,16
10863.43 Distribution to ward; notice. At least 10 days prior to distribution
11of a share or legacy for the benefit of a minor or
individual adjudicated incompetent
12for whom a guardian of the
minor's or incompetent's estate has been appointed, the
13personal representative shall notify the court appointing the guardian of the estate,
14in writing, the total property to be distributed to the guardian of the estate for the
15benefit of the guardian's ward. An affidavit of mailing the notice shall be filed before
16making the distribution.
SB391-SSA1,173,23
18863.45 Receipts from guardians. If a distributee of an estate is a minor or
19an
individual adjudicated incompetent and has within this state a guardian of his
20or her estate, the personal representative shall deliver the money or other property
21to the guardian
of the estate, take a receipt from the guardian
of the estate, and file
22the receipt with the court. The court shall transmit a certified copy of the receipt to
23the court which appointed the guardian
of the estate.
SB391-SSA1,174,6
1865.02
(1) (b) 1. All interested persons request or consent in writing to informal
2administration and to the appointment of the same person as personal
3representative. A guardian or guardian ad litem may consent on behalf of an
4interested person who is a minor or
is an individual adjudicated incompetent. The
5probate registrar may appoint a guardian ad litem, and shall have the authority, for
6such purpose, granted to the court by, and shall proceed pursuant to s. 879.23.
SB391-SSA1,174,168
865.03
(1) A formal proceeding in this chapter is a judicial proceeding before
9the court involving the administration of the estate of a decedent, including a court
10proceeding concerning the use or availability of this chapter. It is distinguished from
11an administrative proceeding before the probate registrar. Formal proceedings,
12either as to a particular issue or as to the entire subsequent administration of the
13estate, may be initiated by the personal representative or by any interested person
14at any time by a written demand therefor. Formal proceedings may be demanded by
15a guardian or guardian ad litem on behalf of an interested person who is a minor or
16otherwise is an individual adjudicated incompetent.
SB391-SSA1,174,1918
867.03
(1c) Definition. In this section, "guardian" has the meaning given in
19s.
54.01 (10) or s. 880.01 (3)
, 2003 stats.
SB391-SSA1,175,321
878.07
(4) Separate and joint actions; action by ward; accounting, when
22unnecessary. An action upon a bond by or in behalf of one person interested does not
23bar or in any way affect the right of any other person interested to maintain an action
24thereon, but separate actions or a joint action may be maintained thereon by or in
25behalf of any or all persons interested, but the action does not impair any other
1remedy of the ward. An accounting is not necessary before bringing an action against
2sureties
when if the personal representative, special administrator, guardian
, or
3trustee dies
or, moves out of the state
, or
becomes is adjudicated incompetent.
SB391-SSA1,175,14
5879.09 Notice requirement satisfied by waiver of notice. Persons who
6are not minors or
individuals adjudicated incompetent, on behalf of themselves, and
7appointed guardians ad litem and guardians of the estate on behalf of themselves
8and those whom they represent, may in writing waive the service of notice upon them
9and consent to the hearing of any matter without notice
, except that guardians ad
10litem cannot waive the notice of a hearing to prove a will or for administration on
11behalf of those whom they represent. An attorney, or attorney-in-fact, for a person
12in the military service may waive notice on behalf of himself or herself but cannot
13waive notice on behalf of the person in the military service. Waiver of notice by any
14person is equivalent to timely service of notice.
SB391-SSA1,176,2
16879.11 Notice requirement satisfied by appearance. An appearance by
17a person who is not a minor or
an individual adjudicated incompetent is equivalent
18to timely service of notice upon the person. An appearance by a guardian of the estate
19is equivalent to timely service of notice upon the guardian and upon the guardian's
20ward. An appearance by a guardian ad litem is equivalent to timely service of notice
21upon the guardian ad litem and except at a hearing to prove a will or for
22administration is equivalent to timely service of notice upon those whom the
23guardian ad litem represents. An appearance by an attorney, or an attorney-in-fact,
24for a person in the military service is equivalent to timely service of notice upon the
1attorney or attorney-in-fact but does not satisfy a requirement for notice to the
2person in the military service.
SB391-SSA1,176,11
4879.13 Delayed service of notice. If for any reason notice to any person,
5including a minor or
an individual adjudicated incompetent, is insufficient, the court
6may at any time order service of notice together with documents required under ss.
7858.03 and 862.09 and, where required, appoint a guardian ad litem under s. 879.23
8and require the person or the person's guardian ad litem to show cause why the
9person should not be bound by the action already taken in the proceedings as though
10the person had been timely served with notice. Such person may consent in writing
11to be bound.
SB391-SSA1,176,1613
879.15
(1) A minor or
individual adjudicated incompetent
person shall appear
14by a guardian ad litem or by the guardian of his or her estate, who may appear by
15attorney, or by another person under the doctrine of virtual representation as
16provided in s. 879.23 (5);
SB391-SSA1,176,24
18879.19 Attorney, notice to. Except for a person in the military service, as
19provided in s. 879.09, if a person interested who is not a minor or
an individual
20adjudicated incompetent has retained an attorney to represent him or her and the
21attorney has mailed a notice of retainer and request for service to the attorney for
22the personal representative and filed a copy with the court, any notice
which that 23would be given to the person interested shall instead be given to the attorney, and
24the attorney may waive notice for the person interested under s. 879.09.
SB391-SSA1,177,9
1879.23
(1) Virtual representation. A guardian ad litem shall be appointed for
2any person interested who is a minor or
an individual adjudicated incompetent and
3has no guardian of his or her estate, or where the guardian of the minor's or
4incompetent's individual's estate fails to appear on the minor's or
incompetent's 5individual's behalf or where the interest of the minor or
incompetent individual is
6adverse to that of the guardian of the minor's or
incompetent's individual's estate.
7A guardian ad litem may be appointed for persons not in being or presently
8unascertainable. A guardian ad litem shall not be appointed or appear in the same
9matter for different persons whose interests are conflicting.
SB391-SSA1,177,1811
879.23
(4) (a) Except as provided in par. (b) or (c), the guardian ad litem
12appointed under this section shall be either an attorney admitted to practice in this
13state or a parent or child of the minor or
individual adjudicated incompetent to be
14represented by the guardian ad litem. A parent or child of the person to be
15represented may be appointed the guardian ad litem under this section only if the
16court finds either that the prospective guardian ad litem is an attorney admitted to
17practice in this state or is otherwise suitably qualified to perform the functions of the
18guardian ad litem.
SB391-SSA1,178,420
879.23
(4) (c) In matters relating to the probate of an estate in which an
21individual adjudicated incompetent has an interest that is unlikely to exceed $1,000
22in value, the guardian ad litem shall be a surviving parent, unless the court finds that
23no surviving parent is qualified and willing to serve as the guardian ad litem. If the
24court finds that no surviving parent is qualified and willing to serve, the guardian
25ad litem shall be an adult child of the
incompetent
individual, unless the court finds
1that no adult child of the
incompetent individual is qualified and willing to serve as
2the guardian ad litem. If the court finds that neither a parent nor an adult child of
3the
individual adjudicated incompetent is qualified and willing to serve as the
4guardian ad litem, the court shall appoint an attorney as provided in par. (a).
SB391-SSA1,178,106
879.23
(5) Virtual representation. The court may dispense with or terminate
7the appointment of a guardian ad litem for an interested person who is a minor,
an
8individual adjudicated incompetent, not in being
, or presently unascertainable, if
9there is a living person, of full legal rights and capacity, who is a party to the
10proceeding and has a substantially identical interest in it.
SB391-SSA1,178,15
12879.26 Waiver of right to certain documents. Any person who is not a
13minor or
an individual adjudicated incompetent may in writing waive the person's
14right to be given a statement that the inventory has been filed under s. 858.03 and
15a copy of accounts under s. 862.11.
SB391-SSA1,178,2017
879.27
(4) Who may appeal on behalf of minor or individual adjudicated
18incompetent. In all cases the appeal on behalf of any minor or
individual adjudicated 19incompetent
person may be taken and prosecuted by the guardian of the minor's or
20incompetent's individual's estate or by a guardian ad litem.
SB391-SSA1,179,222
879.27
(5) Limitation on bond and costs. On appeals from courts assigned to
23exercise probate jurisdiction to the court of appeals no bond may be required of, or
24costs awarded against, any alleged incompetent
individual or person acting in behalf
25of an alleged incompetent
individual on an appeal from an adjudication of
1incompetency, and no bond may be required of any personal representative,
2guardian
, or trustee of a testamentary trust.
SB391-SSA1,179,19
4879.57 Special administrator; personal representative, guardian. If it
5is found by the court to be necessary to appoint a personal representative or guardian
6and there appears to be no person in the state to petition for the appointment or there
7appears to be no suitable person to be so appointed, the court shall, upon its own
8motion or upon the petition of any interested party, grant administration of an estate
9of a decedent or guardianship of the estate of a minor or
incompetent person 10individual who is adjudicated incompetent to the interested party or a special
11administrator, and he or she shall thereupon take possession of the estate and
12protect and preserve it, and proceed with the administration and with the care and
13management of the estate. The authority of a special administrator in the
14administration or guardianship may be revoked at any time upon the appointment
15and qualification of a personal representative or guardian, or when for any other
16cause the court deems it just or expedient. Revocation of authority does not
17invalidate the special administrator's acts performed prior to revocation and does
18not impair the special administrator's rights to receive from the estate his or her
19legal charges and disbursements, to be determined by the court.
SB391-SSA1, s. 293
21Section
293. Subchapter I (title) of chapter 880 [precedes 880.01] of the
22statutes is repealed.
SB391-SSA1, s. 295
24Section
295. 880.01 (1) of the statutes is renumbered 54.01 (2) and amended
25to read:
SB391-SSA1,180,7
154.01
(2) "Agency" means any public or private board, corporation
, or
2association
which, including a county department under s. 51.42 or 51.437, that is
3concerned with the specific needs and problems of
mentally retarded,
4developmentally disabled, mentally ill, alcoholic, drug dependent and aging persons,
5including a county department under s. 51.42 or 51.437 individuals with
6developmental disability, mental illness, alcoholism, or drug dependency and of
7aging individuals.
SB391-SSA1, s. 296
8Section
296. 880.01 (2) of the statutes is renumbered 54.01 (8) and amended
9to read:
SB391-SSA1,180,1910
54.01
(8) "
Developmentally disabled person Developmental disability" means
11any individual having a disability attributable to mental retardation, cerebral palsy,
12epilepsy, autism
, or another neurological condition closely related to mental
13retardation or requiring treatment similar to that required for
mentally retarded 14individuals
with mental retardation, which has continued or can be expected to
15continue indefinitely, substantially impairs
the
an individual from adequately
16providing for his or her own care or custody
, and constitutes a substantial handicap
17to the afflicted individual. The term does not include
a person affected by senility
18which dementia that is primarily caused by the process of aging or
the infirmities of
19aging degenerative brain disorder.
SB391-SSA1, s. 297
20Section
297. 880.01 (3) of the statutes is renumbered 54.01 (10) and amended
21to read:
SB391-SSA1,181,222
54.01
(10) "Guardian" means
one
a person appointed by a court
under s. 54.10 23to
have care, custody and control of the person of a minor or an incompetent or the
24management of the estate manage the income and assets and provide for the
1essential requirements for health and safety and the personal needs of a minor, an
2individual found incompetent
, or a spendthrift.
SB391-SSA1, s. 301
6Section
301. 880.01 (7) of the statutes is renumbered 54.01 (20) and amended
7to read:
SB391-SSA1,181,98
54.01
(20) "Minor" means
a person
an individual who has not attained the age
9of 18 years.
SB391-SSA1, s. 302
10Section
302. 880.01 (7m) of the statutes is renumbered 55.14 (1) (b) and
11amended to read:
SB391-SSA1,181,1712
55.14
(1) (b) "Not competent to refuse psychotropic medication" means that,
13because of chronic mental illness, as defined in s. 51.01 (3g) for an individual with
14developmental disability or as a result of degenerative brain disorder, serious and
15persistent mental illness, or other like incapacities, and after the advantages and
16disadvantages of and alternatives to accepting the particular psychotropic
17medication have been explained to an individual, one of the following is true:
SB391-SSA1,181,2018
1. The individual is incapable of expressing an understanding of the
19advantages and disadvantages of accepting treatment and the alternatives
to
20accepting treatment.
SB391-SSA1,181,2421
2. The individual is substantially incapable of applying an understanding of
22the advantages, disadvantages and alternatives to his or her
chronic mental illness 23condition in order to make an informed choice as to whether to accept or refuse
24psychotropic medication.
SB391-SSA1, s. 303
1Section
303. 880.01 (8) of the statutes is renumbered 54.01 (22) and amended
2to read:
SB391-SSA1,182,73
54.01
(22) "Other like incapacities" means those conditions incurred at any age
4which that are the result of accident, organic brain damage, mental or physical
5disability,
or continued consumption or absorption of substances,
producing and that
6produce a condition
which that substantially impairs an individual from providing
7for
the individual's his or her own care or custody.
SB391-SSA1, s. 304
8Section
304. 880.01 (9) of the statutes is renumbered 54.01 (31) and amended
9to read:
SB391-SSA1,182,1610
54.01
(31) "Spendthrift" means a person who
, because of the use of
intoxicants 11alcohol or
other drugs or
because of gambling
, idleness or debauchery or other
12wasteful course of conduct
, is unable to
attend to business or thereby manage
13effectively his or her financial affairs or is likely to affect the health, life
, or property
14of
the person himself, herself, or others so as to endanger
the his or her support
of
15the person and the
person's support of his or her dependents
, if any, or expose the
16public to
such responsibility for his or her support.
SB391-SSA1, s. 305
17Section
305. 880.01 (10) of the statutes is renumbered 54.01 (37) and amended
18to read:
SB391-SSA1,182,2019
54.01
(37) "Ward" means
a subject
an individual for whom a guardian has been
20appointed.
SB391-SSA1, s. 306
21Section
306. 880.02 of the statutes is renumbered 54.30 (1) and amended to
22read:
SB391-SSA1,183,523
54.30
(1) Jurisdiction in circuit court. The Except as provided in s. 54.38 (1),
24the circuit court
shall have has subject matter jurisdiction over all petitions for
25guardianship. A guardianship of the estate of any
person individual, once granted,
1shall extend to all of
his or her estate
the ward's income and assets in this state and
2shall exclude the jurisdiction of every other circuit court, except as provided in ch.
3786.
Jurisdiction under this subsection also extends to the petition by a foreign
4guardian for the receipt and acceptance of a foreign guardianship, except as provided
5in s. 54.38 (1m) and, if the petition is granted, to the accepted guardianship.