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:
SB391-SSA1,204,2110
54.20
(1) Standard. (intro.)
The In exercising the powers under this section,
11the guardian of the estate
may, without the approval of the court, retain any real or
12personal property possessed by the ward at the time of appointment of the guardian
13or subsequently acquired by the ward by gift or inheritance without regard to ch. 881,
14so long as such retention constitutes the exercise of shall use the judgment and care
15under the circumstances then prevailing, which that persons of prudence, discretion
, 16and intelligence exercise in the management of their own affairs,
not in regard to
17speculation but in regard to including the permanent
, rather than speculative, 18disposition of their funds
, considering and consideration of the probable income
as
19well as the probable and safety of their capital.
In addition, in exercising powers and
20duties under this section, the guardian of the estate shall consider, consistent with
21the functional limitations of the ward, all of the following:
SB391-SSA1, s. 391
22Section
391. 880.19 (2) (b) of the statutes is renumbered 54.20 (3) (f) and
23amended to read:
SB391-SSA1,205,524
54.20
(3) (f)
The guardian of the estate may, with the approval of the court, after
25such notice as the court directs, retain Retain any real or personal property
1possessed by that the ward
at the time of the appointment of the possesses when the 2guardian
or subsequently acquired by is appointed or that the ward
acquires by gift
3or inheritance
for such period of time as shall be designated in the order of the court
4approving such retention, without regard to ch. 881 during the guardian's
5appointment.
SB391-SSA1, s. 393
7Section
393. 880.19 (3) of the statutes is renumbered 54.20 (2) (k) and
8amended to read:
SB391-SSA1,205,129
54.20
(2) (k) In all cases
where
in which the court
deems it determines that it
10is advantageous to continue the business of a ward,
such business may be continued
11by the guardian of the estate on such continue the business on any terms and
12conditions
as may be specified in the order of the court.
SB391-SSA1, s. 395
14Section
395. 880.19 (4) (a) of the statutes is renumbered 54.20 (3) (h) and
15amended to read:
SB391-SSA1,205,1916
54.20
(3) (h)
The guardian of the estate may, without approval of the court,
17invest Invest and reinvest the proceeds of sale of any
guardianship assets
of the ward 18and any
of the ward's other moneys in the guardian's possession in accordance with
19ch. 881.
SB391-SSA1, s. 396
20Section
396. 880.19 (4) (b) of the statutes is renumbered 54.20 (3) (i) and
21amended to read:
SB391-SSA1,206,222
54.20
(3) (i)
The guardian of the estate may, with the approval of the court, after 23Notwithstanding ch. 881, after such notice as the court directs
, and subject to ch. 786,
24invest the proceeds of sale of any
guardianship assets
of the ward and any
of the
25ward's other moneys in the guardian's possession in
such the real or personal
1property
as the court determines that is determined by the court to be in the best
2interests of the
guardianship estate
, without regard to ch. 881 of the ward.
SB391-SSA1, s. 397
3Section
397. 880.19 (4) (c) of the statutes is renumbered 54.18 (3) (a) and
4amended to read:
SB391-SSA1,206,65
54.18
(3) (a)
No guardian shall lend guardianship Lend funds
of the ward to
6himself or herself.
SB391-SSA1, s. 399
8Section
399. 880.19 (5) (a) of the statutes is renumbered 54.20 (3) (g) and
9amended to read:
SB391-SSA1,206,1310
54.20
(3) (g)
The guardian of the estate may, without approval of the court, sell 11Subject to ch. 786, sell, mortgage, pledge, lease, or exchange any
property asset of the
12guardianship estate acquired by the guardian pursuant to sub. (4) ward at fair
13market value.
SB391-SSA1, s. 400
14Section
400. 880.19 (5) (b) of the statutes is renumbered 54.22 and amended
15to read:
SB391-SSA1,207,2
1654.22 Petition for authority to sell, mortgage, pledge, lease, or
17exchange ward's property. The court, on the application of the guardian of the
18estate or of any other Notwithstanding s. 54.20 (3) (g), (h), and (i), a person interested
19in the estate of
any a ward
, after such notice if any, as the court directs, may
authorize
20or petition the court to require the guardian to sell, mortgage, pledge, lease
, or
21exchange any
property asset of the
guardianship estate
upon such terms as of the
22ward. Following the petition and upon any notice and hearing that the court
23requires, the court may
so order,
subject to ch. 786, for the purpose of paying the
24ward's debts, providing for the ward's care, maintenance
, and education and the care,
1maintenance
, and education of the ward's dependents, investing the proceeds
, or for
2any other purpose
which that is in the best interest of the ward.
SB391-SSA1, s. 401
3Section
401. 880.19 (5) (c) of the statutes is renumbered 54.18 (3) (c) and
4amended to read:
SB391-SSA1,207,85
54.18
(3) (c)
No guardian shall purchase Purchase property of the ward,
unless
6sold at public sale except at fair market value, subject to ch. 786, and with the
7approval of the court
, and then only if the guardian is a spouse, parent, child, brother
8or sister of the ward or is a cotenant with the ward in the property.
SB391-SSA1, s. 405
12Section
405. 880.191 (1) of the statutes is renumbered 54.60 (7) and amended
13to read:
SB391-SSA1,207,2414
54.60
(7) Verification, examination in court. Every guardian
of the estate 15shall verify by
the guardian's oath
to the best of the guardian's information and belief
16that every inventory required of the guardian
and verification shall be to the effect
17that the inventory is true of of the estate includes all
property which belongs to his
18or her decedent's estate or his or her ward, which has come to the guardian's
19possession or knowledge, and that upon diligent inquiry the guardian has not been
20able to discover any property belonging to the estate or ward which is not included
21therein income and assets of the ward. The court, at the request of any party
22interested, or on its own motion
, may examine the guardian
of the estate on oath
in
23relation thereto, as to the inventory or
in relation to any supposed omission
from the
24inventory.
SB391-SSA1, s. 406
1Section
406. 880.191 (2) of the statutes is renumbered 54.60 (8) and amended
2to read:
SB391-SSA1,208,83
54.60
(8) Citation to file inventory and to account. If any guardian neglects
4to file the inventory or account when required by law, the
circuit judge court shall call
5the
guardian's attention
of the guardian of the estate to the neglect. If the guardian
6still neglects of the estate continues to neglect his or her duty
in the premises, the
7court shall order the guardian
of the estate to file the inventory
, and the costs may
8be adjudged against the guardian
of the estate.
SB391-SSA1, s. 408
10Section
408. 880.195 of the statutes is renumbered 54.625 and amended to
11read:
SB391-SSA1,208,23
1254.625 Transfer of Menominees guardianship funds to trust of a
13Menominee. The
circuit court
which that has appointed a guardian of the estate
14of any minor or
individual found incompetent who is a
legally enrolled member of the
15Menominee Indian tribe
, as defined in s. 49.385
, or a lawful distributee
thereof, as
16defined in s. 54.850 (3), of the member may direct the guardian to transfer the assets
17in the guardian's possession of the minor or
individual found incompetent
in the
18guardian's possession to the trustees of the trust created by the secretary of interior
19or his or her delegate
which that receives property of the minors or
incompetents 20individuals found incompetent that is transferred from the United States or any
21agency thereof as provided by P.L.
83-399, as amended, and the assets shall
22thereafter be held, administered
, and distributed in accordance with the terms and
23conditions of the trust.
SB391-SSA1, s. 410
1Section
410. 880.215 of the statutes is renumbered 54.47 and amended to
2read:
SB391-SSA1,209,14
354.47 Lis pendens, void contracts. A certified copy of the petition and order
4for hearing provided for in ss.
880.07 54.34 and
880.08 54.38 may be filed in the office
5of the register of deeds for the county
; and if. If a guardian
shall be is appointed
upon
6such application after a hearing on the petition and if the court's order includes a
7finding that the ward may not make contracts, all contracts, except for necessaries
8at reasonable prices, and all gifts, sales
, and transfers of property made by
such
9insane or incompetent person or spendthrift, the ward after the filing of a certified
10copy of
such petition and the order
as aforesaid, shall be void. The validity of a
11contract made by a person under limited guardianship is not void, however, unless
12the determination is made by the court in its finding under s. 880.33 (3) that the ward
13is incapable of exercising the power to make contracts are void, unless notified by the
14guardian in writing.
SB391-SSA1, s. 413
17Section
413. 880.22 (1) of the statutes is renumbered 54.19 (7) and amended
18to read:
SB391-SSA1,209,2419
54.19
(7) Every general guardian shall
With respect to claims, pay the
just 20legally enforceable debts of the ward
out of, including by filing tax returns and paying
21any taxes owed,from the ward's
personal estate and
the income
of the ward's real
22estate, if sufficient, and if not, then out of the ward's real estate upon selling the same
23as provided by law. But a temporary guardian shall pay the debts of his or her ward
24only on order of the court and assets.