SB391-SSA1, s. 340
18Section
340. 880.08 (3) (am) 1. of the statutes is renumbered 54.38 (3) (a) and
19amended to read:
SB391-SSA1,191,2020
54.38
(3) (a) The proposed ward's spouse
, if any.
SB391-SSA1, s. 341
21Section
341. 880.08 (3) (am) 2. of the statutes is renumbered 54.38 (3) (b) and
22amended to read:
SB391-SSA1,191,2423
54.38
(3) (b) The proposed ward's
parents parent, unless the parent's parental
24rights have been judicially terminated.
SB391-SSA1, s. 342
1Section
342. 880.08 (3) (am) 3. of the statutes is renumbered 54.38 (3) (c) and
2amended to read:
SB391-SSA1,192,43
54.38
(3) (c)
A minor The proposed ward
, if the proposed ward is over 14 years
4of age
unless the minor appears at the hearing.
SB391-SSA1, s. 343
5Section
343. 880.08 (3) (am) 4. of the statutes is renumbered 54.38 (3) (d) and
6amended to read:
SB391-SSA1,192,87
54.38
(3) (d) Any other person
, agency, institution, welfare department or other
8entity having that has the legal or
actual physical custody of the minor.
SB391-SSA1, s. 345
10Section
345. 880.08 (4) of the statutes is renumbered 54.38 (4) and amended
11to read:
SB391-SSA1,192,1412
54.38
(4) Rehearings. Notice of a rehearing to determine if a ward is a proper
13subject to continue under guardianship shall be given as required
for the
14appointment of a guardian under subs. (1), (2), and (3).
SB391-SSA1, s. 346
15Section
346. 880.09 (intro.) of the statutes is renumbered 54.15 (intro.) and
16amended to read:
SB391-SSA1,192,22
1754.15 Nomination; selection of guardians Selection of guardian;
18nominations; preferences; other criteria. (intro.) The court
shall do one of the
19following and shall consider
all of the following nominations
made by any interested
20person and, in its discretion, shall appoint a proper guardian, having due regard for
21the following, applicable preferences, and criteria in determining who is appointed
22as guardian:
SB391-SSA1, s. 348
24Section
348. 880.09 (1) of the statutes is renumbered 54.15 (4) (b) and
25amended to read:
SB391-SSA1,193,4
154.15
(4) (b) A minor
over
who is 14 years
or older may in writing in circuit court
2nominate his or her own guardian, but if the minor is in the armed service, is
without 3outside of the state, or if other good reason exists, the court may dispense with the
4minor's right of nomination.
SB391-SSA1, s. 349
5Section
349. 880.09 (2) of the statutes is renumbered 54.15 (5) and amended
6to read:
SB391-SSA1,193,147
54.15
(5) Preference
Parent of a proposed ward. If one or both of the parents
8of a minor
, a developmentally disabled person or a person with other like incapacity 9or an individual with developmental disability or with serious and persistent mental
10illness are suitable and willing, the court shall appoint one or both
of them as
11guardian unless the
proposed ward objects court finds that the appointment is not
12in the proposed ward,s best interest. The court shall
appoint a corporate guardian
13under s. 880.35 only if no suitable individual guardian is available consider a
14proposed ward's objection to the appointment of his or her parent.
SB391-SSA1, s. 351
16Section
351. 880.09 (3) of the statutes is renumbered 54.15 (4) (c) and
17amended to read:
SB391-SSA1,193,1918
54.15
(4) (c) If neither parent
of a minor who is 14 years or older is suitable and
19willing
to be appointed guardian, the court may appoint the nominee of
a the minor.
SB391-SSA1, s. 354
22Section
354. 880.09 (6) of the statutes is renumbered 54.15 (6) and amended
23to read:
SB391-SSA1,194,824
54.15
(6) Testamentary guardianship of certain persons nomination by
25proposed ward's parents. Subject to the rights of a surviving parent, a parent may
1by will nominate a guardian and successor guardian of the person or estate
of for any
2of his or her minor children who
are is in need of guardianship
, unless the court finds
3that appointment of the guardian or successor guardian is not i the minor's best
4interests. For
a person over the age of an individual who is aged 18
or older and is 5found to be in need of guardianship
under s. 880.33 by reason of a developmental
6disability or
other like incapacity serious and persistent mental illness, a parent may
7by will nominate a testamentary guardian.
The parent may waive the requirement
8of a bond for such an estate that is derived through a will.
SB391-SSA1, s. 356
10Section
356. 880.09 (7) of the statutes is renumbered 54.15 (4) (a) and
11amended to read:
SB391-SSA1,194,2212
54.15
(4) (a) Any
person individual other than a minor
aged 14 years or younger 13may,
at such time as if the
person has sufficient capacity individual does not have
14incapacity to such an extent that he or she is unable to form
an intelligent a
15reasonable and informed preference, execute a written instrument, in the same
16manner as the execution of a will under s. 853.03, nominating
a person another to
17be appointed as guardian of his or her person or
property estate or both
in the event
18that if a guardian is in the future appointed
. Such nominee shall be appointed as
19guardian by the for the individual. The court
shall appoint this nominee as guardian 20unless the court finds that the appointment
of such nominee is not in the best
21interests of the
person for whom, or for whose property, the guardian is to be
22appointed proposed ward.
SB391-SSA1, s. 357
23Section
357. 880.10 of the statutes is renumbered 54.38 (5) and amended to
24read:
SB391-SSA1,195,6
154.38
(5) Notice of appointment
of guardian of a minor ward. If for any reason
2the court fails to appoint as guardian the nominee of the minor, the guardian who
3qualifies shall give notice of the guardian's appointment to the minor by certified
4mail addressed to the minor's last-known post-office address and
shall file an
5affidavit of
such the mailing
shall be filed with the court within 10 days after the
6issuance of letters notice is given.
SB391-SSA1, s. 360
9Section
360. 880.13 (title) of the statutes is renumbered 54.46 (5) (title).
SB391-SSA1, s. 361
10Section
361. 880.13 (1) of the statutes is renumbered 54.46 (4) (a) and
11amended to read:
SB391-SSA1,195,1712
54.46
(4) (a)
Form Amount and sufficiency of bond. Upon the appointment of
13a guardian of the estate of a ward, except as provided under s. 880.60 (9), the court
14may require a bond given in accordance with ch. 878 and s. 895.345
The order under
15sub. (2) shall specify the amount of any bond required to be given by the guardian
16of the estate, conditioned upon the faithful performance of the duties of the guardian
17of the estate. No bond may be required for the guardian of the person.
SB391-SSA1, s. 362
18Section
362. 880.13 (2) (title) of the statutes is renumbered 54.46 (4) (b) (title).
SB391-SSA1, s. 363
19Section
363. 880.13 (2) (a) of the statutes is renumbered 54.46 (4) (b) (intro.)
20and amended to read:
SB391-SSA1,195,2221
54.46
(4) (b) (intro.) Unless required under s.
880.60 54.852 (9), the court may
22waive the requirement of a bond
at under any of the following circumstances:
SB391-SSA1,195,23
231. At any time
in its discretion or if.
SB391-SSA1,195,24
242. If so requested in a will
wherein
in which a nomination appears.
SB391-SSA1, s. 364
1Section
364. 880.13 (2) (b) of the statutes is renumbered 54.46 (4) (b) 3. and
2amended to read:
SB391-SSA1,196,83
54.46
(4) (b) 3.
Whenever If a guardian has or will have possession of funds
of
4the ward with a total value of
$40,000 $100,000 or less
, and the court
may direct 5directs deposit of the funds in an insured account of a bank, credit union, savings
6bank
, or savings and loan association in the name of the guardian and the ward and
7payable only upon further order of the court.
In such event the court may waive the
8requirement of a bond.
SB391-SSA1, s. 366
10Section
366. 880.14 of the statutes is renumbered 54.46 (5) and amended to
11read:
SB391-SSA1,196,1712
54.46
(5) When letters to be issued Letters of guardianship.. When If a
13guardian
of the estate has given bond
as
, if required
, and the bond has been approved
14by the
judge court, letters under the seal of the court shall be issued to the guardian
15of the estate. If a court determination and order appointing a guardian of the person
16is entered, letters under the seal of the court shall be issued to the guardian of the
17person.
SB391-SSA1, s. 368
19Section
368. 880.15 (1) of the statutes is renumbered 54.50 (2) and amended
20to read:
SB391-SSA1,197,1821
54.50
(2) Appointment
Duration and extent of authority. If, after
22consideration of a petition for temporary guardianship, the court finds that the
23welfare of a minor, spendthrift or an alleged incompetent requires the immediate
24appointment of a guardian of the person or of the estate, or of both, it The court may
25appoint a temporary guardian
for a ward for a period not to exceed 60 days
unless
1further extended for 60 days by order of the court. The court may extend the period
2only once, except that the court may extend this period for good cause shown for one
3additional 60-day period. The court may impose no further temporary guardianship
4on the ward for at least 90 days after the expiration of the temporary guardianship
5and any extension. The court's determination and order appointing the temporary
6guardian shall specify the authority of the temporary guardian and shall be limited
7to those acts that are reasonably related to the reasons for appointment that are
8specified in the petition for temporary guardianship. The authority of the temporary
9guardian
shall be is limited to
the performance of duties respecting specific property,
10or to the performance of
particular those acts
, as stated in the order of appointment.
11All provisions of the statutes concerning the powers and duties of guardians shall
12apply to temporary guardians except as limited by the order of appointment. The
13temporary guardian shall make the reports the court directs and shall account to the
14court upon termination of authority. The court assigned to exercise jurisdiction
15under chs. 48 and 938 has exclusive jurisdiction over the appointment of a temporary
16guardian of a minor for medical purposes but shall proceed in accordance with this
17section Unless the court first specifically approves and orders bond, the temporary
18guardian may not sell real estate or expend an amount in excess of $2,000.
SB391-SSA1, s. 370
20Section
370. 880.15 (1s) of the statutes is renumbered 54.38 (6) and amended
21to read:
SB391-SSA1,198,1022
54.38
(6) Notice of petition and hearing for temporary guardianship. The
23person petitioning petitioner for appointment of a temporary guardian shall
cause 24give notice
to be given under s. 880.08 of
that the petition to the
minor, spendthrift
25or alleged incompetent and, if the appointment is made, shall give notice of the
1appointment to the ward. The time limits of s. 880.08 do not apply to notice given
2under this subsection proposed ward. The notice shall be served before or at the time
3the petition is filed or as soon thereafter as possible and shall include notice of the
4right to counsel and of the right to petition for reconsideration or modification of the
5temporary guardianship
at any time under s.
880.34 within 30 days of receipt of the
6notice 54.50 (3) (d) The petitioner shall serve notice of the order for hearing on the
7proposed ward before the hearing or not later than 3 calendar days after the hearing.
8If the petitioner serves notice after the hearing is conducted and the court has
9entered an order, the petitioner shall include the court's order with the notice of the
10order for hearing.
SB391-SSA1, s. 372
12Section
372. 880.15 (3) of the statutes is renumbered 54.50 (4) and amended
13to read:
SB391-SSA1,199,314
54.50
(4) (d)
Cessation of powers.
If the temporary guardianship is not sooner
15terminated the The duties and powers of the temporary guardian
shall cease upon
16the issuing of letters of permanent guardianship
to the guardian of the ward, or, if
17the ward is a minor, upon his becoming of age, or when it shall be judicially
18determined, the expiration of the time period specified in sub. (2), or if the court
19sooner determines that any
other disability of the temporary ward which situation
20of the ward that was the cause of the temporary guardianship has terminated. Upon
21the termination
of the temporary guardian's duties and powers, a temporary
22guardian of the person shall file with the court any report that the court requires.
23A temporary guardian of the estate shall, upon
the termination
of duties and powers,
24account to the court and deliver to the person
or persons entitled
to them all the
25estate of the ward in his or her hands the ward's estate over which the temporary
1guardian of the estate has had control. Any action
which that has been commenced
2by the temporary guardian may be prosecuted to final judgment by the successor or
3successors in interest, if any.
SB391-SSA1, s. 373
4Section
373. 880.155 of the statutes is renumbered 54.56 and amended to
5read:
SB391-SSA1,199,8
654.56 Visitation by a minor's grandparents and stepparents. (1) In this
7section, "stepparent" means the surviving spouse of a deceased parent of a minor
8child, whether or not the surviving spouse has remarried.
SB391-SSA1,199,19
9(2) If one or both parents of a minor
child are deceased and the
child minor is
10in the custody of the surviving parent or any other person, a grandparent or
11stepparent of the
child minor may petition for visitation privileges with respect to the
12child minor, whether or not the person with custody is married. The grandparent or
13stepparent may file the petition in a guardianship or temporary guardianship
14proceeding under this chapter that affects the minor
child or may file the petition to
15commence an independent action under this chapter. Except as provided in sub.
16(3m), the court may grant reasonable visitation privileges to the grandparent or
17stepparent if the surviving parent or other person who has custody of the
child minor 18has notice of the hearing and if the court determines that visitation is in the best
19interest of the
child minor.
SB391-SSA1,199,21
20(3) Whenever possible, in making a determination under sub. (2), the court
21shall consider the wishes of the
child minor.
SB391-SSA1,200,2
22(3m) (a) Except as provided in par. (b), the court may not grant visitation
23privileges to a grandparent or stepparent under this section if the grandparent or
24stepparent has been convicted under s. 940.01 of the first-degree intentional
1homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of
2the
child minor, and the conviction has not been reversed, set aside or vacated.
SB391-SSA1,200,53
(b) Paragraph (a) does not apply if the court determines by clear and convincing
4evidence that the visitation would be in the best interests of the
child minor. The
5court shall consider the wishes of the
child minor in making the determination.
SB391-SSA1,200,8
6(4) The court may issue any necessary order to enforce a visitation order that
7is granted under this section, and may from time to time modify
such the visitation
8privileges or enforcement order
upon a showing of
for good cause
shown.
SB391-SSA1,200,16
9(4m) (a) If a grandparent or stepparent granted visitation privileges with
10respect to a
child minor under this section is convicted under s. 940.01 of the
11first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
12homicide, of a parent of the
child minor, and the conviction has not been reversed,
13set aside or vacated, the court shall modify the visitation order by denying visitation
14with the
child minor upon petition, motion or order to show cause by a person having
15custody of the
child minor, or upon the court's own motion, and upon notice to the
16grandparent or stepparent granted visitation privileges.
SB391-SSA1,200,1917
(b) Paragraph (a) does not apply if the court determines by clear and convincing
18evidence that the visitation would be in the best interests of the
child minor. The
19court shall consider the wishes of the
child minor in making the determination.
SB391-SSA1,200,21
20(5) This section applies to every minor
child in this state whose parent or
21parents are deceased, regardless of the date of death of the parent or parents.
SB391-SSA1, s. 374
22Section
374. 880.157 (title) of the statutes is renumbered 54.57 (title).
SB391-SSA1, s. 375
23Section
375. 880.157 (1) of the statutes is renumbered 54.57 (1) and amended
24to read:
SB391-SSA1,201,6
154.57
(1) Except as provided in sub. (2), in an action under this chapter that
2affects a minor
child, a court may not grant to a parent of the
child minor visitation
3or physical placement rights with the
child minor if the parent has been convicted
4under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
52nd-degree intentional homicide, of the
child's minor's other parent, and the
6conviction has not been reversed, set aside or vacated.
SB391-SSA1, s. 376
7Section
376. 880.157 (2) of the statutes is renumbered 54.57 (2) and amended
8to read:
SB391-SSA1,201,129
54.57
(2) Subsection (1) does not apply if the court determines by clear and
10convincing evidence that visitation or periods of physical placement would be in the
11best interests of the
child minor. The court shall consider the wishes of the
child 12minor in making the determination.
SB391-SSA1, s. 378
14Section
378. 880.17 of the statutes is renumbered 54.54 and amended to read:
SB391-SSA1,201,22
1554.54 Successor guardian. (1) Appointment. When If a guardian dies, is
16removed by order of the court, or resigns and the resignation is accepted by the court,
17the court, on its own motion or upon petition of any interested person, may appoint
18a competent and suitable person as successor guardian. The court may, upon request
19of any interested person or on its own motion, direct that a petition for appointment
20of a successor guardian be heard in the same manner and subject to the same
21requirements as provided under this chapter for an original appointment of a
22guardian.
SB391-SSA1,202,2
23(2) Notice. If the appointment under sub. (1) is made without hearing, the
24successor guardian shall provide notice to the ward and all interested persons of the
25appointment, the right to counsel
, and the right to petition for reconsideration of the
1successor guardian. The notice shall be served personally or by mail not later than
210 days after the appointment.
SB391-SSA1, s. 380
4Section
380. 880.173 (1) of the statutes is renumbered 54.20 (2) (h) and
5amended to read:
SB391-SSA1,202,166
54.20
(2) (h)
A guardian of the estate If appointed
under this chapter for a
7married
person may ward, exercise
with the approval of the court, except as limited
8under s. 880.37, any management and control right over the marital property or
9property other than marital property and any right in the business affairs
which that 10the married
person ward could exercise under ch. 766 if the
person were not
11determined under s. 880.12 to be a proper subject for guardianship. Under this
12section, a guardian may ward were not an individual found incompetent, consent to
13act together in or join in any transaction for which consent or joinder of both spouses
14is required
, or
may execute
under s. 766.58 a marital property agreement with the
15other ward's spouse
or, if appointed for a ward who intends to marry, with the ward's
16intended spouse, but may not make, amend or revoke a will.
SB391-SSA1, s. 383
19Section
383. 880.175 of the statutes is renumbered 54.20 (2) (b) and amended
20to read:
SB391-SSA1,203,621
54.20
(2) (b)
Upon petition by the guardian, a parent, the spouse, any issue or
22next of kin of any person, assets of the person may, in the discretion of the court and
23upon its order, after such notice as the court may require, be transferred Transfer
24assets of the ward to the trustee
or trustees of
an any existing revocable living trust
25created by the person for the benefit of that the ward has created for himself or
1herself and
those dependent upon the person for support any dependents, or
, if the
2ward is a minor, to the trustee
or trustees of
a any trust created for the exclusive
3benefit of the
person, if a minor, which ward that distributes to him or her at age 18
4or 21, or
, if the ward dies before age 18 or 21, to his or her estate, or as
he or she
5appoints if he or she dies prior to age 18 or 21 the ward has appointed by a written
6instrument that is executed after the ward attains age 14.
SB391-SSA1, s. 384
7Section
384. 880.18 (title) of the statutes is renumbered 54.60 (title).
SB391-SSA1, s. 385
8Section
385. 880.18 of the statutes is renumbered 54.60 (1) and amended to
9read:
SB391-SSA1,203,1510
54.60
(1) Inventory required.
When a The guardian of the estate
has been
11appointed an inventory shall
be made in the same manner and subject to the same
12requirements as are provided for the inventory of a decedent's estate. An appraisal
13of all or any part of the ward's estate shall be made when ordered by the court prepare
14an inventory that lists all of the ward's income and assets, including interests in
15property and any marital property interest, regardless of how the asset is titled.
SB391-SSA1, s. 388
18Section
388. 880.19 (1) of the statutes is renumbered 54.19 (1) and amended
19to read:
SB391-SSA1,204,620
54.19
(1) The guardian of the estate shall take Take possession of
all of the
21ward's real and personal property,
and of
any rents, income,
issues and benefits
22therefrom, whether accruing
before or after the guardian's appointment from the
23property, and of
the any proceeds arising from the sale, mortgage, lease
, or exchange
24thereof of the property and prepare an inventory of these. Subject to
such this 25possession
, the title of all
such estate the income and assets of the ward and
to the
1increment and proceeds
thereof shall be
of the income and assets of the ward in the
2ward and not in the guardian.
It is the duty of the guardian of the estate to protect
3and preserve it, to retain, sell and invest it as hereinafter provided, to account for it
4faithfully, to perform all other duties required of the guardian by law and at the
5termination of the guardianship to deliver the assets of the ward to the persons
6entitled thereto.
SB391-SSA1, s. 390
8Section
390. 880.19 (2) (a) of the statutes is renumbered 54.20 (1) (intro.) and
9amended to read: