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.
SB391-SSA1, s. 308
7Section
308. 880.04 (title) of the statutes is renumbered 54.12 (title) and
8amended to read:
SB391-SSA1,183,9
954.12 (title)
Exceptions to appointment of guardian.
SB391-SSA1, s. 309
10Section
309. 880.04 (1) of the statutes is renumbered 54.46 (6) and amended
11to read:
SB391-SSA1,183,1812
54.46
(6) Emancipation of married minors. Except for
minors a minor found
13to be incompetent, upon marriage, a minor
shall is no longer
be a proper subject for
14guardianship of the person and a guardianship of the person is revoked by the
15marriage of a minor ward. Upon application, the court may release in whole or in
16part the
estate income and assets of a minor ward to the ward upon the ward's
17marriage.
Upon marriage, the guardianship of an incompetent is subject to review
18under s. 880.34.
SB391-SSA1, s. 310
19Section
310. 880.04 (2) of the statutes is renumbered 54.12 (1) and amended
20to read:
SB391-SSA1,184,221
54.12
(1) Small estates. If a minor or an
individual found incompetent, except
22for his or her incapacity, is entitled to
possession of personal property of a value of
23$10,000 possess assets valued at the amount specified in s 867.03 (1g) (intro.) or less,
24any court
wherein in which an action or proceeding involving
said property the assets
1is pending may
, in its discretion, without requiring the appointment of a guardian,
2order
that the register i probate do one of the following:
SB391-SSA1,184,133
(a) Deposit
the property in
a savings an interest-bearing account in a bank
,
4the payment of whose accounts in cash immediately upon default of the bank are or
5other financial institution insured by
an agency of the federal
deposit insurance
6corporation; deposit in a savings account in a savings bank or a savings and loan
7association that has its deposits insured by the federal deposit insurance
8corporation; deposit in a savings account in a credit union having its deposits
9guaranteed by the Wisconsin credit union savings insurance corporation or by the
10national board, as defined in s. 186.01 (3m); government or invest
the property in
11interest-bearing obligations of the United States. The fee for
the clerk's services
of
12the register in probate in depositing and disbursing the funds under this paragraph
13is prescribed in s.
814.61 (12) (a) 814.66 (1) (n).
SB391-SSA1,184,1514
(b)
Payment Make payment to the
natural guardian parent of the minor or to
15the person having actual custody of the minor.
SB391-SSA1,184,1616
(c)
Payment Make payment to the minor.
SB391-SSA1,184,2017
(d)
Payment Make payment to the person having actual or legal custody of the
18incompetent or to the person providing for the
incompetent's care and maintenance
19of the individual found incompetent for the benefit of the
individual found 20incompetent.
SB391-SSA1, s. 311
21Section
311. 880.04 (2m) of the statutes is renumbered 54.12 (2) and amended
22to read:
SB391-SSA1,185,323
54.12
(2) Informal administration. If
a minor or an
individual found 24incompetent, except for his or her incapacity,
a minor, or a spendthrift is entitled to
25possession of
personal property assets of a value of
$5,000 the amount specified in
1s. 867.03 (1g) (intro.) or less from an estate administered through informal
2administration under ch. 865, the personal representative may, without the
3appointment of a guardian, do any of the following:
SB391-SSA1,185,54
(a) With the approval of the register in probate, take one of the actions
under 5specified in sub.
(2) (1) (a)
to (f).
SB391-SSA1,185,96
(b) With the approval of the guardian ad litem of the minor or
individual found 7incompetent, take one of the actions
under specified in sub.
(2) (1) (a)
to (f) and file
8proof of the action taken and of the approval of the guardian ad litem with the probate
9registrar instead of filing a receipt under s. 865.21.
SB391-SSA1, s. 312
10Section
312. 880.04 (3) of the statutes is renumbered 54.12 (3) and amended
11to read:
SB391-SSA1,185,1812
54.12
(3) Uniform gifts and transfers to minors. If a minor, except for his or
13her incapacity, is entitled to possession of personal property of any value, any court
14wherein in which an action or proceeding involving the property is pending may,
15without requiring the appointment of a guardian, order payment
, subject to any
16limitations the court may impose, to a custodian for the minor designated by the
17court under ss.
880.61 to 880.72 54.854 to 54.898 or under the uniform gifts to minors
18act or uniform transfers to minors act of any other state.
SB391-SSA1, s. 313
19Section
313. 880.05 of the statutes is renumbered 54.30 (2) and amended to
20read:
SB391-SSA1,186,421
54.30
(2) Venue. All petitions for guardianship of residents of the state shall
22be directed to the circuit court of the county of residence of the
person subject to
23guardianship proposed ward or of the county in which the
person proposed ward is
24physically present. A petition for guardianship of the person or estate of a
25nonresident may be directed to the circuit court of any county
where in which the
1person nonresident or any
property assets of the nonresident may be found
or of the
2county in which the petitioner proposes that the proposed ward resides. A petition
3for receipt and acceptance of a foreign guardianship shall be directed to the circuit
4court of the county in which the foreign ward resides or intends to reside.
SB391-SSA1, s. 314
5Section
314. 880.06 (title) of the statutes is renumbered 54.30 (3) (title).
SB391-SSA1, s. 315
6Section
315. 880.06 (1) of the statutes is renumbered 54.30 (3) (a) and
7amended to read:
SB391-SSA1,186,238
54.30
(3) (a)
Original proceeding. The court
wherein in which a petition is first
9filed shall determine venue.
The court shall direct that proper notice be given to any
10potentially responsible or affected county. Proper notice is given to a potentially
11responsible or affected county if written notice of the proceeding is sent by certified
12mail to the county's clerk and corporation counsel. After all potentially responsible
13or affected counties and parties have been given an opportunity to be heard, the court
14shall determine that venue lies in the county in which the petition is filed under sub.
15(2) or in another county, as appropriate. If
it is determined the court determines that
16venue lies in another county, the court shall order the entire record certified to the
17proper court. A court
wherein in which a subsequent petition is filed shall,
upon
18being if it is satisfied
of
that an earlier filing
took place in another court, summarily
19dismiss
such the petition.
If any potentially responsible or affected county or party
20objects to the court's finding of venue, the court may refer the issue to the department
21for a determination of the county of residence under s. 51.40 (2) (g) and may suspend
22ruling on the motion for change of venue until the determination under s. 51.40 (2)
23(g) is final.
SB391-SSA1, s. 316
24Section
316. 880.06 (2) of the statutes is renumbered 54.30 (3) (b) (intro.) and
25amended to read:
SB391-SSA1,187,12
154.30
(3) (b) (intro.)
Change of residence of ward or guardian. If a
guardian
2removes from the county where appointed to another county within the state or a 3ward
removes from the county in which he or she has resided changes residence from
4one county to another county within the state,
the circuit court for the county in
5which the ward resides may appoint a new guardian as provided by law for the
6appointment of a guardian. Upon verified petition of the new guardian, accompanied
7by a certified copy of appointment and bond if the appointment is in another county,
8and upon the notice prescribed by s. 879.05 to the originally appointed guardian,
9unless he or she is the same person, and to any other persons that the court shall
10order, the court of original appointment may order the guardianship accounts settled
11and the property delivered to the new guardian. venue may be transferred to the
12ward's new county of residence under the following procedure:
SB391-SSA1, s. 317
13Section
317. 880.07 (title) of the statutes is renumbered 54.34 (title) and
14amended to read:
SB391-SSA1,187,16
1554.34 (title)
Petition; fees for guardianship or for receipt and
16acceptance of a foreign guardianship.
SB391-SSA1, s. 318
17Section
318. 880.07 (1) (intro.) of the statutes is renumbered 54.34 (1) (intro.)
18and amended to read:
SB391-SSA1,187,2219
54.34
(1) (intro.) Any
relative, public official or other person
, may petition for
20the appointment of a guardian
of a person subject to guardianship. Such for an
21individual. The petition shall state
, so far as may be all of the following, if known
22to the petitioner:
SB391-SSA1, s. 319
23Section
319. 880.07 (1) (a) of the statutes is renumbered 54.34 (1) (a).
SB391-SSA1, s. 320
24Section
320. 880.07 (1) (b) of the statutes is renumbered 54.34 (1) (b) and
25amended to read:
SB391-SSA1,188,2
154.34
(1) (b) The
specific nature of the proposed ward's
alleged incapacity
with
2specification of the incompetency or spendthrift habits.
SB391-SSA1, s. 321
3Section
321. 880.07 (1) (c) of the statutes is renumbered 54.34 (1) (c).
SB391-SSA1, s. 322
4Section
322. 880.07 (1) (d) of the statutes is renumbered 54.34 (1) (d) and
5amended to read:
SB391-SSA1,188,86
54.34
(1) (d) Any assets
of the proposed ward previously derived from or
7benefits
of the proposed ward now due and payable from the U.S. department of
8veterans affairs.
SB391-SSA1, s. 323
9Section
323. 880.07 (1) (e) of the statutes is renumbered 54.34 (1) (e).
SB391-SSA1, s. 324
10Section
324. 880.07 (1) (f) of the statutes is renumbered 54.34 (1) (f).
SB391-SSA1, s. 325
11Section
325. 880.07 (1) (g) of the statutes is renumbered 54.34 (1) (g).
SB391-SSA1, s. 326
12Section
326. 880.07 (1) (h) of the statutes is renumbered 54.34 (1) (h) and
13amended to read:
SB391-SSA1,188,1614
54.34
(1) (h) The names and post-office addresses of
the spouse and
15presumptive or apparent adult heirs of the proposed ward, and all
other persons
16believed by the petitioner to be interested
parties.