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.
SB391-SSA1, s. 415
1Section
415. 880.22 (2) of the statutes is renumbered 54.20 (2) (L) and
2amended to read:
SB391-SSA1,210,133
54.20
(2) (L)
The guardian or a creditor of any ward may apply Apply to the
4court for adjustment of
any claims against the ward incurred
prior to before entry
5of the order appointing the guardian or the filing of a lis pendens as provided in s.
6880.215 54.47. The court shall by order fix the time and place it will adjust claims
7and the time within which all claims
must shall be presented
or be barred. Notice
8of
the time and place so fixed and limited these times and the place shall be given by
9publication as
in estates of decedents; and all statutes relating to claims against and
10in favor of estates of decedents provided in s. 879.05 (4), and ch. 859 generally shall
11apply.
As in the settlement of estates of deceased persons, after After the court has
12made the order
, no action or proceeding may be commenced or maintained in any
13court against the ward upon any claim
of over which the circuit court has jurisdiction.
SB391-SSA1, s. 417
15Section
417. 880.23 of the statutes is renumbered 54.20 (3) (j) and amended
16to read:
SB391-SSA1,210,2217
54.20
(3) (j)
The guardian shall settle Settle all
claims and accounts of the ward
18and
may demand, sue for, collect and receive all debts and claims for damages due
19him or her, or may, with the approval of the circuit court, compound and discharge
20the same, and shall appear for and represent
his or her the ward in all actions and
21proceedings except
where those for which another person is appointed
for that
22purpose.
SB391-SSA1, s. 420
1Section
420. 880.24 (2) of the statutes is renumbered 54.42 (4) and amended
2to read:
SB391-SSA1,211,73
54.42
(4) Ward's Right to payment of expenses in contesting proceedings. 4When If a guardian is appointed
, the court
may shall, if the court determines it
5reasonable, allow
reasonable payment from the ward's income or assets of expenses
6incurred by the ward in contesting the appointment.
These expenses are payable
7before other attorney or guardian ad litem fees.
SB391-SSA1, s. 421
8Section
421. 880.24 (3) (title) of the statutes is renumbered 54.46 (3) (title) and
9amended to read:
SB391-SSA1,211,1010
54.46
(3) (title)
Fees and costs of petitioner.
SB391-SSA1, s. 422
11Section
422. 880.24 (3) (a) (intro.) of the statutes is renumbered 54.46 (3) (a)
12(intro.) and amended to read:
SB391-SSA1,211,1813
54.46
(3) (a)
Petitioner's attorney fees and costs. (intro.)
Except as provided in
14par. (b), when If a guardian is appointed, the court shall award from the ward's
estate 15income and assets payment of the petitioner's reasonable attorney fees and costs
,
16including those fees and costs, if any, related to protective placement of the ward, 17unless the court finds, after considering all of the following, that it would be
18inequitable to do so:
SB391-SSA1, s. 423
19Section
423. 880.24 (3) (a) 1. to 3. of the statutes are renumbered 54.46 (3) (a)
201. to 3.
SB391-SSA1, s. 424
21Section
424. 880.24 (3) (a) 4. of the statutes is renumbered 54.46 (3) (a) 5.
SB391-SSA1, s. 425
22Section
425. 880.24 (3) (b) of the statutes is renumbered 54.46 (3) (a) 4. and
23amended to read:
SB391-SSA1,212,324
54.46
(3) (a) 4.
If the court finds that Whether the ward had executed a durable
25power of attorney under s. 243.07 or a power of attorney for health care under s.
1155.05 or had engaged in other advance planning
to avoid guardianship, the court
2may not make the award specified in par. (a) for financial and health care decision
3making.
SB391-SSA1, s. 426
4Section
426. 880.245 of the statutes is renumbered 54.62 (6) and amended to
5read:
SB391-SSA1,212,136
54.62
(6) Accounting by agent 3rd parties to guardian.
The circuit court, upon
7the application of any If a guardian appointed by
it a court so requests, the court may
8order any person
who has been entrusted by the guardian with
any part of the estate
9of a
decedent or ward to appear before the court
, and
may require the person to render
10a full account, on oath, of
any property or papers belonging to the estate which have
11come to the person's possession the income or assets and of his or her
proceedings
12thereon action regarding the income or assets. If the person refuses to appear and
13render an account
, the court may proceed against him or her as for contempt.
SB391-SSA1, s. 428
15Section
428. 880.25 (1) of the statutes is renumbered 54.62 (1) and amended
16to read:
SB391-SSA1,213,1017
54.62
(1) Annual reports. Every Except as provided in sub. (3) or unless
18waived by a court, every guardian,
except including a corporate guardian, shall, prior
19to April 15 of each year, file an account under oath
specifying that specifies the
20amount of
property the ward's assets or income received and held or invested by the
21guardian, the nature and manner of the investment, and the guardian's receipts and
22expenditures during the preceding calendar year.
When ordered by the court, The
23court may order the guardian
shall within 30 days
to render and file
, within 30 days, 24a like account for
any shorter term less than a year. In lieu of the filing of these
25accounts before April 15 of each year, the court may, by appropriate order upon
1motion of the guardian, direct the guardian of an estate to
thereafter render and file
2the annual accountings within 60 days after the anniversary date of the guardian's
3qualification as guardian, with the accounting period from the anniversary date of
4qualification to the ensuing annual anniversary date.
When any guardian of a minor
5has custody of the ward and the care of the ward's education, the guardian's report
6shall state the time that the ward attended school during the time for which the
7account is rendered and the name of the school. The guardian shall also report any
8change in the status of the surety upon the guardian's bond.
If the court determines
9it to be in the ward's best interests, the court may specify the persons to whom the
10guardian shall distribute copies of the account.
SB391-SSA1, s. 429
11Section
429. 880.25 (2) of the statutes is renumbered 54.62 (2) and amended
12to read:
SB391-SSA1,213,2013
54.62
(2) Display of assets. Upon rendering the account the guardian shall
14produce for examination by the court, or
some by a person satisfactory to the court,
15evidence of all
of the ward's securities,
evidences of deposit depository accounts, and
16other investments
reported, which shall be described in the account in sufficient
17detail so that they may be readily identified.
It shall be ascertained The court or
18person satisfactory to the court shall ascertain whether the
evidence of securities,
19evidences of deposit depository accounts, and
other investments correspond with the
20account.
SB391-SSA1, s. 430
21Section
430. 880.25 (3) of the statutes is renumbered 54.66 (2) and amended
22to read:
SB391-SSA1,214,423
54.66
(2) Small estates. When the whole estate of a ward or of several wards
24jointly, under the same guardianship, does not exceed $1,000 in value, the The 25guardian
shall be required to render of a ward with a small estate, as specified in s.
154.62 (3) (a), need not file a final account
only upon the termination of the guardian's
2guardianship, unless otherwise ordered by the court.
The guardian shall instead
3provide the court with a list of the ward's assets that remain at the time the
4guardianship terminates, including at the death of the ward.
SB391-SSA1, s. 431
5Section
431. 880.25 (4) of the statutes is renumbered 54.62 (5) and amended
6to read:
SB391-SSA1,214,147
54.62
(5) Examination of accounts. The account shall be
promptly examined
8under the court's direction and if it as the court directs. If the account is not
9satisfactory
it shall be examined on 8 days' notice and
, the court shall
make such
10order thereon order action as justice requires
. Notice and shall direct that notice be
11provided to the guardian
may be served personally or by certified mail
as the court
12directs. When the examination of a guardian's account is upon notice
. If notice is
13provided to the guardian under this subsection, the court may appoint a guardian
14ad litem
of for the ward
may be appointed.
SB391-SSA1, s. 432
15Section
432. 880.25 (5) of the statutes is renumbered 54.62 (7) (intro.) and
16amended to read:
SB391-SSA1,214,1917
54.62
(7) Notice of final action on an account. (intro.) No action by the court
18upon any on an account
shall be is final unless
it is upon
the guardian first provides 19notice
. to all of the following, as applicable:
SB391-SSA1, s. 434
21Section
434. 880.252 of the statutes is renumbered 54.62 (8) and amended to
22read:
SB391-SSA1,215,1323
54.62
(8) Accounts; failure of a guardian to file. If a guardian fails to file the
24guardian's account as required by law or ordered by the court, the court may, upon
25its own motion or upon the petition of any
interested party
interested, issue an order
1to the sheriff ordering, order the guardian to show cause
before the court why the
2guardian should not immediately make and file the guardian's reports or accounts.
3The court shall direct that a copy of the order be served on the guardian at least 20
4days before the date that the court has ordered the guardian to appear in court. If
5a guardian fails, neglects or refuses to make and file any report or account after
6having been cited by the court
so to do
so, or if the guardian fails to appear in court
7as directed by a citation issued
under direction and by
authority of the court, the
8court may,
upon on its own motion or
upon on the petition of any interested party,
9issue a warrant directed to the sheriff ordering that the guardian be brought before
10the court to show cause why the guardian should not be punished for contempt. If
11the court finds that the failure, refusal
, or neglect is willful or inexcusable, the
12guardian may be fined not to exceed
$50 $250 or imprisoned not to exceed 10 days
13or both.
SB391-SSA1, s. 435
14Section
435. 880.253 of the statutes is renumbered 54.62 (9) and amended to
15read: