SB391-SSA1,215,2016
54.62
(9) Formal accounting
Accounting by guardians at any time. The
judge 17court may at any time require an accounting by any guardian at a hearing
, after
18providing notice to all interested persons
, including sureties on the bond of a
19guardian.
The sureties on a bond of a guardian may once in every 3-year period
20petition the court for such a hearing.
SB391-SSA1, s. 437
22Section
437. 880.26 (1) (intro.) of the statutes is renumbered 54.64 (3) (intro.)
23and amended to read:
SB391-SSA1,215,2524
54.64
(3) Guardianship
Termination of guardianship of the person. (intro.)
25A guardianship of the person shall terminate
when
if any of the following occurs:
SB391-SSA1, s. 438
1Section
438. 880.26 (1) (a) of the statutes is renumbered 54.64 (3) (c) and
2amended to read:
SB391-SSA1,216,53
54.64
(3) (c) A
formerly minor ward attains
his or her majority, unless the minor
4is incompetent age 18, unless the guardianship was ordered on the grounds of
5incompetency.
SB391-SSA1, s. 439
6Section
439. 880.26 (1) (b) of the statutes is renumbered 54.64 (3) (d) and
7amended to read:
SB391-SSA1,216,98
54.64
(3) (d) A minor ward
lawfully
whose guardianship was not ordered on the
9grounds of incompetency marries.
SB391-SSA1, s. 440
10Section
440. 880.26 (1) (c) of the statutes is renumbered 54.64 (3) (a) and
11amended to read:
SB391-SSA1,216,1512
54.64
(3) (a) The court adjudicates a
former ward who was formerly found to
13be incompetent to be
competent no longer incompetent or a ward who was formerly
14found to be a spendthrift to be capable of handling his or her income and assets, or
15terminates the guardianship under sub. (2) (d).
SB391-SSA1, s. 441
16Section
441. 880.26 (2) (intro.) of the statutes is renumbered 54.64 (4) (intro.)
17and amended to read:
SB391-SSA1,216,1918
54.64
(4) Guardianship
Termination of guardianship of the estate. (intro.)
19A guardianship of the estate shall terminate
when
if any of the following occurs:
SB391-SSA1, s. 442
20Section
442. 880.26 (2) (a) of the statutes is renumbered 54.64 (4) (c) and
21amended to read:
SB391-SSA1,216,2222
54.64
(4) (c) A
formerly minor ward attains
his or her majority age 18.
SB391-SSA1, s. 443
23Section
443. 880.26 (2) (b) of the statutes is renumbered 54.64 (4) (d) and
24amended to read:
SB391-SSA1,217,2
154.64
(4) (d) A minor ward
lawfully whose guardianship was not ordered on the
2grounds of incompetency marries and the court approves the termination.
SB391-SSA1, s. 444
3Section
444. 880.26 (2) (c) of the statutes is renumbered 54.64 (4) (a) and
4amended to read:
SB391-SSA1,217,85
54.64
(4) (a) The court adjudicates a
former ward who was formerly found to
6be incompetent
or a spendthrift to be
no longer incompetent or a ward who was
7formerly found to be a spendthrift to be capable of handling his or her
property 8income and assets.
SB391-SSA1, s. 445
9Section
445. 880.26 (2) (d) of the statutes is renumbered 54.64 (4) (e) and
10amended to read:
SB391-SSA1,217,1211
54.64
(4) (e) A ward dies, except when the estate can be settled as provided by
12s.
880.28 54.66 (4).
SB391-SSA1, s. 446
13Section
446. 880.26 (3) of the statutes is renumbered 54.64 (5) (intro.) and
14amended to read:
SB391-SSA1,217,1915
54.64
(5) Depleted guardianships guardianship. (intro.)
When the If a court
16determines that the
estate income and assets of
the a ward
is below $5,000 do not
17exceed the amount specified in s. 867.03 (1g) and
are reduced to a point where it is
18to the advantage of the ward to dispense with the guardianship, the court may
19terminate do one of the following:
SB391-SSA1,218,3
20(a) Terminate the guardianship and
authorize order disposition of the
21remaining assets as provided by s.
880.04 (2) 54.12 (1). The court, as a part of the
22disposition, may order
a suitable amount paid to the county treasurer under order
23of the court or reserved in the guardianship to assure the ward a decent burial, a
24marker and care for the grave. In the case of an insolvent guardianship, the court
25may order an amount not exceeding $400 reserved in the guardianship or paid to the
1county treasurer under order of the court to assure the ward a decent burial the
2guardian to make appropriate financial arrangements for the burial or other
3disposition of the remains of the ward.
SB391-SSA1, s. 447
4Section
447. 880.27 of the statutes is renumbered 54.66 (1) and amended to
5read:
SB391-SSA1,218,176
54.66
(1) Settlement of accounts Render final account. Upon termination
7of If a court terminates a guardianship, or
upon resignation, removal or death of a
8guardian
, such resigns, is removed, or dies, the guardian or the guardian's personal
9representative
or special administrator shall
forthwith promptly render
the
10guardian's a final account to the court and to the
ward or former ward, the successor
11guardian
, or the deceased ward's personal representative
as the case may be. Upon
12approval of the account and filing proper receipts the guardian shall be discharged
13and the guardian's bond released or special administrator, as appropriate. If the
14ward dies and the guardian and the deceased ward's personal representative or
15special administrator are the same person, the deceased ward's personal
16representative or special administrator shall give notice of the termination and
17rendering of the final account to all interested persons of the ward's estate.
SB391-SSA1, s. 448
18Section
448. 880.28 of the statutes is renumbered 54.66 (4) and amended to
19read:
SB391-SSA1,218,2320
54.66
(4) Summary settlement of small estates. When If a ward dies leaving
21an estate
which that can be settled summarily under s. 867.01, the court may
22approve
such the settlement and distribution by the guardian
, under the procedures
23of s. 867.01 without
the necessity of appointing a personal representative.
SB391-SSA1, s. 449
24Section
449. 880.29 of the statutes is renumbered 54.64 (6) and amended to
25read:
SB391-SSA1,219,13
154.64
(6) Delivery of property to foreign guardian in another state. When
2property of a nonresident ward is in the possession of or due from a guardian or
3personal representative appointed in this state, the appointing court may order
such 4the property delivered to the
foreign guardian
upon filing appointed in the state of
5the nonresident ward after a verified petition, accompanied by a copy of
his or her 6the nonresident guardian's appointment and bond, authenticated so as to be
7admissible in evidence,
is filed with the court and
upon after 10 days' notice
is
8provided to the resident guardian or personal representative.
Such The petition
9shall be denied if granting it
shall appear appears to be against the interests of the
10ward.
The Any receipt
of obtained from the
foreign nonresident guardian for the
11property so delivered shall be taken and filed with the other papers in the proceeding,
12and a certified copy
thereof of the receipt shall be sent to the court
which that 13appointed
such the nonresident guardian.
SB391-SSA1, s. 452
16Section
452. 880.31 (1) and (7) of the statutes are consolidated, renumbered
1754.76 (1) and amended to read:
SB391-SSA1,220,218
54.76
(1) Any adult resident who
is unwilling or believes that he or she is
19unable properly to manage his or her
property assets or income may voluntarily
20apply to the circuit court of the county of his or her residence for appointment of a
21conservator of the estate. Upon receipt of the application
, the court shall fix a time
22and place for hearing the application and
may direct to whom
, including presumptive
23heirs, and in what manner notice of the hearing shall be given
. (7) If an application
24for conservatorship is filed, the to a potential recipient of the notice, unless the
25potential recipient has waived receipt. The fee prescribed in s. 814.66 (1) (b) shall
1be paid at the time of the filing of the inventory or other documents setting forth the
2value of the
estate assets and income.
SB391-SSA1, s. 453
3Section
453. 880.31 (2) of the statutes is renumbered 54.76 (2) and amended
4to read:
SB391-SSA1,220,115
54.76
(2) At the
time of such hearing
for appointment of a conservator, the
6applicant shall be personally examined
by the court and if the court is satisfied that
7the applicant desires a conservator and that the fiduciary nominated
is and any
8proposed standby conservator are suitable, the court may appoint the nominee as
9conservator
and, if applicable, designate the proposed standby conservator as
10standby conservator and issue letters of conservatorship to the nominee
upon the
11filing of after he or she files a bond in the amount fixed by the court.
SB391-SSA1, s. 454
12Section
454. 880.31 (3) of the statutes is renumbered 54.76 (3) and amended
13to read:
SB391-SSA1,220,1914
54.76
(3) A Except as provided in sub. (3g), a conservator
shall have
has all
15the powers and duties of a guardian of the
property of an incompetent person. The
16conservator's powers shall cease upon being removed by the court or upon death of
17the person whose estate is being conserved estate. An individual whose income and
18assets are under conservatorship may make gifts of his or her income and assets,
19subject to approval of the conservator.
SB391-SSA1, s. 455
20Section
455. 880.31 (4) and (5) of the statutes are consolidated, renumbered
2154.76 (4) and amended to read:
SB391-SSA1,221,1522
54.76
(4) Any person
, including an individual whose
estate is income and assets
23are under conservatorship
, may apply to the court at any time for termination
24thereof of the conservatorship. Upon
such receipt of the application, the court shall
25fix a time and place for hearing and
may direct that 10 days' notice by mail be given
1to the
person's individual's guardian
, if any, of the person or agent under a power of
2attorney for health care, the conservator
, any standby conservator, and the
3presumptive
adult heirs of the
applicant. Upon such individual whose income and
4assets are under conservatorship. A potential recipient of the notice may waive its
5receipt. At the hearing, the court shall, unless it is clearly shown that the
applicant 6individual whose income and assets are under conservatorship is incompetent,
7remove the conservator and order the
property income and assets restored to the
8applicant, or if the applicant so desires and the nominee is suitable, the court may
9appoint a successor conservator. (5) individual. If
, however, the court
shall upon
10such hearing determine determines at the hearing that the
person individual whose
11estate is income and assets are administered by a conservator
may be is incapable
12of handling his or her
estate income and assets, the court shall order the
13conservatorship continued, or
, if the applicant so desires and
the a nominee is
14suitable,
the court may appoint a successor conservator.
A conservatorship may only
15be terminated under a hearing under this subsection.
SB391-SSA1, s. 456
16Section
456. 880.31 (6) of the statutes is renumbered 54.76 (5) and amended
17to read:
SB391-SSA1,221,2018
54.76
(5) Appointment of a conservator
shall not be does not constitute 19evidence of the competency or incompetency of the
person individual whose
estate
20is income and assets are being administered.
SB391-SSA1, s. 457
21Section
457. 880.32 of the statutes is renumbered 45.55 and amended to read:
SB391-SSA1,222,12
2245.55 Notes and mortgages of minor veterans. Notwithstanding any
23provision of this chapter or any other law to the contrary, any minor who served in
24the active armed forces of the United States at any time after August 27,
1940, and
25the husband or wife of such
a minor may execute
, in his or her own right, notes or
1mortgages,
as defined in s. 851.15, the payment of which is guaranteed or insured
2by the U.S. department of veterans affairs or the federal housing administrator
3under the servicemen's readjustment act of 1944
or, the national housing act
, or any
4acts
supplementary thereto or amendatory thereof
supplementing or amending
5these acts. In connection with
such these transactions,
such the minors may sell,
6release or convey
such the mortgaged property and litigate or settle controversies
7arising therefrom, including the execution of releases, deeds
, and other necessary
8papers or instruments.
Such The notes, mortgages, releases, deeds and other
9necessary papers or instruments when so executed
shall
are not
be subject to
10avoidance by
such the minor or the husband or wife of
such the minor upon either
11or both of them attaining the age of 18 because of the minority of either or both of
12them at the time of the execution thereof.
SB391-SSA1, s. 459
14Section
459. 880.33 (1) of the statutes is renumbered 54.36 (1) and amended
15to read:
SB391-SSA1,223,19
1654.36 Examination of proposed ward.
(1) Whenever it is proposed to
17appoint a guardian on the ground
of that a proposed ward allegedly has 18incompetency
or is a spendthrift, a
licensed physician or
licensed psychologist, or
19both, shall
examine the proposed ward and furnish a written
statement concerning
20the mental condition of report stating the physician's or psychologist's professional
21opinion regarding the presence and likely duration of any medical or other condition
22causing the proposed ward
, based upon examination
to have incapacity or to be a
23spendthrift. The privilege under s. 905.04
shall
does not apply to
this the statement.
24 A The petitioner shall provide a copy of the
statement shall be provided report to
25the proposed ward
, or his or her counsel, the guardian ad litem
, and
the petitioner's
1attorney
, if any. Prior to the examination
, under this subsection, of a person alleged
2to be not competent to refuse psychotropic medication under s. 880.07 (1m), the
3person shall be informed that his or her on which the report is based, the guardian
4ad litem, physician, or psychologist shall inform the proposed ward that statements
5made by the proposed ward may be used as a basis for a finding of incompetency
and
6an order for protective services, including psychotropic medication. The person shall
7also be informed or a finding that he or she is a spendthrift, that he or she has a right
8to
remain silent refuse to participate in the examination, absent a court order, or
9speak to the physician or psychologist and that the
examiner physician or
10psychologist is required to report to the court even if the
person remains silent 11proposed ward does not speak to the physician or psychologist. The issuance of such
12a warning to the
person proposed ward prior to each examination establishes a
13presumption that the
person proposed ward understands that he or she need not
14speak to the
examiner. physician or psychologist. Nothing in this section prohibits
15the use of a report by a physician or psychologist that is based on an examination of
16the proposed ward by the physician or psychologist before filing the petition for
17appointment of a guardian, but the court will consider the recency of the report in
18determining whether the report sufficiently describes the proposed ward's current
19state and in determining the weight to be given to the report.
SB391-SSA1, s. 460
20Section
460. 880.33 (2) (a) 1. of the statutes is renumbered 54.42 (1) (a) (intro.)
21and amended to read:
SB391-SSA1,224,1622
54.42
(1) (a) (intro.) The proposed ward
or ward has the right to counsel
23whether or not present at the hearing on determination of competency. The court
24shall in all cases require the appointment of an attorney as guardian ad litem in
25accordance with s. 757.48 (1) and shall in addition require representation by full
1legal counsel whenever the petition contains the allegations under s. 880.07 (1m) or
2if, at least 72 hours before the hearing, the alleged incompetent requests; the
3guardian ad litem or any other person states that the alleged incompetent is opposed
4to the guardianship petition; or the court determines that the interests of justice
5require it. The proposed ward has the right to a trial by a jury if demanded by the
6proposed ward, attorney or guardian ad litem, except that if the petition contains the
7allegations under s. 880.07 (1m) and if notice of the time set for the hearing has
8previously been provided to the proposed ward and his or her counsel, a jury trial is
9deemed waived unless demanded at least 48 hours prior to the time set for the
10hearing. The number of jurors shall be determined under s. 756.06 (2) (b). The
11proposed ward, attorney or guardian ad litem shall have the right to present and
12cross-examine witnesses, including the physician or psychologist reporting to the
13court under sub. (1). The attorney or guardian ad litem for the proposed ward shall
14be provided with a copy of the report of the physician or psychologist at least 96 hours
15in advance of the hearing. Any final decision of the court is subject to the right of
16appeal. if any of the following occurs:
SB391-SSA1, s. 461
17Section
461. 880.33 (2) (a) 2. of the statutes is renumbered 54.42 (1) (c) and
18amended to read:
SB391-SSA1,224,2419
54.42
(1) (c) If
the person requests but is par. (a) 1., 2., or 3. applies but the
20proposed ward or ward is unable to obtain legal counsel, the court shall appoint legal
21counsel.
If the person is represented by counsel appointed under s. 977.08 in a
22proceeding for a protective placement under s. 55.06 or for the appointment of a
23guardian under s. 880.07 (1m), the court shall order the counsel appointed under s.
24977.08 to represent the person.
SB391-SSA1, s. 462
1Section
462. 880.33 (2) (a) 3. of the statutes is renumbered 54.46 (3) (b) and
2amended to read:
SB391-SSA1,225,93
54.46
(3) (b)
Guardian ad litem and defense fees for indigents; liability. If the
4person proposed ward is
an adult who is indigent, the county
of legal settlement shall
5be in which venue lies for the guardianship proceeding is the county liable for any
6fees due the guardian ad litem and, if counsel was not appointed under s. 977.08, for
7any legal fees due the
person's proposed ward's legal counsel.
If the person is a minor,
8the person's parents or the county of legal settlement shall be liable for any fees due
9the guardian ad litem as provided in s. 48.235 (8).
SB391-SSA1, s. 463
10Section
463. 880.33 (2) (b) of the statutes is renumbered 54.42 (3) and
11amended to read:
SB391-SSA1,225,1812
54.42
(3) Right to independent examination. If requested by the proposed
13ward
, ward, or anyone on the proposed ward's
or ward's behalf, the proposed ward
14or ward has the right at his or her own expense, or if indigent at the expense of the
15county where the petition is
filed heard on the merits, to secure an independent
16medical or psychological examination relevant to the issue involved in any hearing
17under this chapter, and to present a report of this independent evaluation or the
18evaluator's personal testimony as evidence at the hearing.
SB391-SSA1, s. 465
20Section
465. 880.33 (2) (e) of the statutes is renumbered 54.44 (5) and
21amended to read:
SB391-SSA1,226,222
54.44
(5) Privacy of hearing. Every hearing
on a petition under s. 880.07 (1m) 23under this chapter shall be
open
closed, unless the proposed ward or his or her
24attorney acting with the proposed ward's consent
or the attorney for a foreign ward 25moves that it be
closed open. If the hearing is closed, only
persons in interest,
1including representatives of providers of service and
interested persons, their
2attorneys
, and witnesses
, may be present.
SB391-SSA1, s. 469
6Section
469. 880.33 (5) of the statutes is renumbered 54.15 (1) and amended
7to read:
SB391-SSA1,226,148
54.15
(1) Opinions of proposed ward and family. In appointing a guardian, the 9The court shall take into consideration the opinions of the
alleged incompetent 10proposed ward and of the members of
the his or her family as to what is in the best
11interests of the proposed
incompetent ward. However, the best interests of the
12proposed
incompetent ward shall control in making the determination when the
13opinions of the family are in conflict with
the clearly appropriate decision those best
14interests.
SB391-SSA1,226,19
15(1m) The court shall also consider potential conflicts of interest resulting from
16the prospective guardian's employment or other potential conflicts of interest.
If the
17proposed incompetent has executed a power of attorney for health care under ch. 155,
18the court shall give consideration to the appointment of the health care agent for the
19individual as the individual's guardian.
SB391-SSA1, s. 470
20Section
470. 880.33 (5m) of the statutes is renumbered 54.15 (9) and amended
21to read:
SB391-SSA1,227,822
54.15
(9) Limitation on number of wards of guardian. No
person, except a
23nonprofit corporation approved by the department of health and family services
24under s. 880.35, who has individual may have guardianship of the person of
more
25than 5
or more adult wards
who are unrelated to the
person may accept appointment
1individual, except that a court may, under circumstances that the court determines
2are appropriate, waive this limitation to authorize appointment of the individual as
3guardian of the person of
another adult ward unrelated to the person, unless
4approved by the department. No such person may accept appointment as guardian
5of more than 10 such additional adult wards
who are unrelated to the
person 6individual. A corporation or association that is approved by the department under
7sub. (7) is not limited in the number of adult wards for which the corporation or
8association may accept appointment by a court as guardian.
SB391-SSA1, s. 471
9Section
471. 880.33 (6) of the statutes is renumbered 54.75 and amended to
10read:
SB391-SSA1,227,16
1154.75 Access to court records. All court records pertinent to the finding of
12incompetency are closed but subject to access as provided in s.
55.06 (17) 51.30 or
13under an order of a court under this chapter. The fact that a person has been found
14incompetent
and the name of and contact information for the guardian is accessible
15to any person who demonstrates to the custodian of the records a need for that
16information.
SB391-SSA1, s. 472
17Section
472. 880.33 (7) of the statutes is renumbered 54.48 and amended to
18read:
SB391-SSA1,227,23
1954.48 Protective placement and protective services. A finding of
20incompetency and appointment of a guardian under this
subchapter chapter is not
21grounds for involuntary protective placement
. Such
or the provision of protective
22services. Protective placement
and the provision of protective services may be made
23only in accordance with
s. 55.06 ch. 55.
SB391-SSA1, s. 475
1Section
475. 880.33 (8) (b) of the statutes is renumbered 54.46 (2) (b) and
2amended to read:
SB391-SSA1,228,143
54.46
(2) (b)
Power of attorney for health care. If the
proposed incompetent has 4ward executed a power of attorney for health care under ch. 155
, find that before a
5finding of incompetency and appointment of a guardian is made for the ward under
6this chapter, the power of attorney for health care
instrument should remain remains 7in effect
. If the court so finds, the court shall so order and shall, except that the court
8may, only for good cause shown, revoke the power of attorney for health care or limit
9the
power of the guardian to make those health care decisions for the ward that are
10not to be made by the health care authority of the agent under the terms of the power
11of attorney for health care instrument
. Unless the court makes this revocation or
12limitation, the ward's guardian may not make health care decisions for the ward that
13may be made by the health care agent, unless the guardian is the health care agent
14under those terms.
SB391-SSA1, s. 476
15Section
476. 880.33 (9) of the statutes is renumbered 54.25 (2) (c) 1. g. and
16amended to read:
SB391-SSA1,229,1217
54.25
(2) (c) 1. g.
All the rights and privileges afforded a proposed incompetent
18under this section shall be given to any person who is alleged to be ineligible to
19register to vote or to vote in an election by reason that such person is incapable of
20understanding the objective of the elective process. The determination of the court
21shall be limited to a finding that the elector is either eligible or ineligible The right 22to register to vote or to vote in an election
by reason that the person is or is not
23capable, if the court finds that the individual is incapable of understanding the
24objective of the elective process.
Also, in accordance with s. 6.03 (3), any elector of
25a municipality may petition the circuit court for a determination that an individual
1residing in the municipality is incapable of understanding the objective of the
2elective process and thereby ineligible to register to vote or to vote in an election. This
3determination shall be made by the court in accordance with the procedures specified
4in this paragraph. If a petition is filed under this subd. 1. g., the finding of the court
5shall be limited to a determination as to voting eligibility. The appointment of a
6guardian is not required for an individual whose sole limitation is ineligibility to
7vote. The determination of the court shall be communicated in writing by the clerk
8of court to the election official or agency charged under s. 6.48, 6.92, 6.925
, or 6.93
9with the responsibility for determining challenges to registration and voting
which 10that may be directed against that elector. The determination may be reviewed as
11provided in s.
880.34 (4) and (5) 54.64 (2) and any subsequent determination of the
12court shall be likewise communicated by the clerk of court.
SB391-SSA1, s. 477
13Section
477. 880.331 (title) of the statutes is renumbered 54.40 (title) and
14amended to read:
SB391-SSA1,229,16
1554.40 (title)
Guardian ad litem in incompetency cases; appointment;
16duties; termination.
SB391-SSA1, s. 478
17Section
478. 880.331 (1) of the statutes is renumbered 54.40 (1) and amended
18to read:
SB391-SSA1,230,619
54.40
(1) Appointment. The court shall appoint a guardian ad litem
whenever
20it is proposed that the court appoint a guardian on the ground of incompetency under
21s. 880.33, when a petition for appointment of a guardian is brought under s. 54.34
22(1), when a petition for receipt and acceptance of a foreign guardianship is brought
23under s. 54.34 (3), to review the scope of a guardianship, to protectively place a person
24or order protective services under s. 55.06,
to review any protective placement or
25protective service order under s. 55.06
or, to terminate a protective placement under
1s. 55.06
, to expand an order of guardianship under s. 54.63, to review incompetency
2and terminate a guardianship under s. 54.64, to review the conduct of a guardian
3under s. 54.68, to expand an order of guardianship under s. 54.3, to review
4incompetency and terminate a guardianship under s. 54.64, to review the conduct of
5a guardian under s. 54.68, or at any other time that the court determines it is
6necessary.
SB391-SSA1, s. 479
7Section
479. 880.331 (2) of the statutes is renumbered 54.40 (2) and amended
8to read:
SB391-SSA1,230,149
54.40
(2) Qualifications. The guardian ad litem shall be an attorney admitted
10to practice in this state
and in compliance with SCR chapter 36. No
person one who
11is an interested
party person in a proceeding, appears as counsel in a proceeding on
12behalf of any party
, or is a relative or representative of an interested
party person 13may be appointed guardian ad litem in that proceeding
or in any other proceeding
14that involves the same proposed ward or ward.
SB391-SSA1, s. 480
15Section
480. 880.331 (3) of the statutes is renumbered 54.40 (3) and amended
16to read:
SB391-SSA1,230,2417
54.40
(3) Responsibilities. The guardian ad litem shall be an advocate for the
18best interests of the proposed ward or
alleged incompetent ward as to guardianship,
19protective placement
, and protective services. The guardian ad litem shall function
20independently, in the same manner as an attorney for a party to the action, and shall
21consider, but
shall not be is not bound by, the wishes of the proposed ward or
alleged
22incompetent ward or the positions of others as to the best interests of the proposed
23ward or
alleged incompetent ward. The guardian ad litem has none of the rights or
24duties of a
general guardian.
SB391-SSA1, s. 481
1Section
481. 880.331 (4) (intro.) of the statutes is renumbered 54.40 (4)
2(intro.).
SB391-SSA1, s. 482
3Section
482. 880.331 (4) (a) of the statutes is renumbered 54.40 (4) (a) and
4amended to read:
SB391-SSA1,231,75
54.40
(4) (a) Interview the proposed ward or
alleged incompetent ward and
6explain the
contents of the petition, the applicable hearing procedure, the right to
7counsel
, and the right to request or continue a limited guardianship.
SB391-SSA1, s. 483
8Section
483. 880.331 (4) (b) of the statutes is renumbered 54.40 (4) (b) and
9amended to read:
SB391-SSA1,231,1310
54.40
(4) (b) Advise the proposed ward or
alleged incompetent ward, both orally
11and in writing, of that person's rights to
be present at the hearing, to a jury trial, to
12an appeal, to counsel
, and to an independent medical or psychological examination
13on the issue of competency, at county expense if the person is indigent.
SB391-SSA1, s. 484
14Section
484. 880.331 (4) (c) of the statutes is renumbered 54.40 (4) (e) and
15amended to read: