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:
SB391-SSA1,231,1716
54.40
(4) (e) Request that the court order additional medical, psychological
, or
17other evaluation, if necessary.
SB391-SSA1, s. 485
18Section
485. 880.331 (4) (d) of the statutes is renumbered 54.40 (4) (f) and
19amended to read:
SB391-SSA1,232,220
54.40
(4) (f) If applicable, inform the court
and petitioner's attorney or, if none,
21the petitioner that the proposed ward or
alleged incompetent ward objects to a
22finding of incompetency, the present or proposed placement
, or the recommendation
23of the guardian ad litem as to the proposed ward's or
alleged incompetent's ward's 24best interests or that the proposed ward's or
alleged incompetent's ward's position
25on these matters is ambiguous.
If the guardian ad litem recommends that the
1hearing be held in a place other than a courtroom, the guardian ad litem shall provide
2the information under this paragraph as soon as possible.
SB391-SSA1, s. 486
3Section
486. 880.331 (4) (e) of the statutes is renumbered 54.40 (4) (i) and
4amended to read:
SB391-SSA1,232,65
54.40
(4) (i) Present evidence concerning the best interests of the proposed
6ward or
alleged incompetent ward, if necessary.
SB391-SSA1, s. 487
7Section
487. 880.331 (4) (f) of the statutes is renumbered 54.40 (4) (j) and
8amended to read:
SB391-SSA1,232,109
54.40
(4) (j) Report to the court on any
other relevant matter that the court
10requests.
SB391-SSA1, s. 488
11Section
488. 880.331 (5) (intro.) of the statutes is renumbered 55.195 (intro.)
12and amended to read:
SB391-SSA1,232,16
1355.195 Duties in
of guardian ad litem for reviews. (intro.) In any review
14of a protective placement under s. 55.06 or of a protective
service services order under
15s. 55.05,
except as provided in s. 55.19 (2), the guardian ad litem shall do all of the
16following:
SB391-SSA1, s. 489
17Section
489. 880.331 (5) (a) of the statutes is renumbered 55.195 (1) and
18amended to read:
SB391-SSA1,232,2019
55.195
(1) Interview the ward to explain the review procedure, the right to an
20independent evaluation, the right to counsel
, and the right to a hearing.
SB391-SSA1, s. 490
21Section
490. 880.331 (5) (b) of the statutes is renumbered 55.195 (2) and
22amended to read:
SB391-SSA1,232,2323
55.195
(2) Provide the information under
par. (a) sub. (1) to the ward in writing.
SB391-SSA1, s. 491
24Section
491. 880.331 (5) (c) of the statutes is renumbered 55.195 (3) and
25amended to read:
SB391-SSA1,233,2
155.195
(3) Secure Request that the court order an additional
medical,
2psychological, or other evaluation of the ward, if necessary.
SB391-SSA1, s. 492
3Section
492. 880.331 (5) (d) of the statutes is renumbered 55.195 (4).
SB391-SSA1, s. 493
4Section
493. 880.331 (5) (e) of the statutes is renumbered 55.195 (5) and
5amended to read:
SB391-SSA1,233,76
55.195
(5) Review the ward's condition, placement
, and rights with the
7guardian.
SB391-SSA1, s. 494
8Section
494. 880.331 (5) (f) of the statutes is renumbered 55.195 (6) and
9amended to read:
SB391-SSA1,233,1310
55.195
(6) If relevant, report to the court that the ward objects to the finding
11of continuing incompetency, the present or proposed placement, the position of the
12guardian
, or the recommendation of the guardian ad litem as to the best interests of
13the ward or if there is ambiguity about the ward's position on these matters.
SB391-SSA1, s. 495
14Section
495. 880.331 (5) (g) of the statutes is renumbered 55.195 (8).
SB391-SSA1, s. 496
15Section
496. 880.331 (6) of the statutes is renumbered 54.40 (5) and amended
16to read:
SB391-SSA1,233,1917
54.40
(5) Communication to a jury. In jury trials under
this chapter or ch. 55
18or 880, the court or guardian ad litem may tell the jury that the guardian ad litem
19represents the
best interests of the proposed ward or
alleged incompetent ward.
SB391-SSA1, s. 497
20Section
497. 880.331 (7) of the statutes is renumbered 54.40 (6) and amended
21to read:
SB391-SSA1,234,1022
54.40
(6) Termination and extension of appointment. The appointment of a
23guardian ad litem under sub. (1) terminates upon the entry of the court's final order
24or upon the termination of any appeal in which the guardian ad litem participates,
25even if counsel has been appointed for the proposed ward or
alleged incompetent
1ward. The court may extend that appointment, or reappoint a guardian ad litem
2whose appointment under this section has terminated, by an order specifying the
3scope of responsibilities of the guardian ad litem. At any time, the guardian ad litem,
4any party
, or the
person individual for whom the appointment is made may request
5that the court terminate any extension or reappointment. The guardian ad litem
6may appeal
, or may participate in an appeal
or may do neither. If an appeal is taken
7by any party and the guardian ad litem chooses not to participate in that appeal, he
8or she shall file with the appellate court a statement of reasons for not participating.
9Irrespective of the guardian ad litem's decision not to participate in an appeal, the
10appellate court may order the guardian ad litem to participate in the appeal.
SB391-SSA1, s. 498
11Section
498. 880.331 (8) of the statutes is renumbered 54.74 and amended to
12read:
SB391-SSA1,235,3
1354.74 Compensation of guardian ad litem. On order of the court, the
14guardian ad litem appointed under this chapter shall be allowed reasonable
15compensation to be paid by the county of venue, unless Unless the court otherwise
16directs
or unless the guardian ad litem is appointed for a minor, in which case the
17compensation of the guardian ad litem shall be paid by the minor's parents or the
18county of venue as provided in s. 48.235 (8) or unless a petition to the court under this
19chapter is dismissed, the court shall order reasonable compensation to be paid to a
20guardian ad litem appointed under s. 54.40 (1) from the ward's income or assets, if
21sufficient, or, if insufficient, by the county of venue. If a petition to the court under
22this chapter is dismissed, the court shall order the petitioner to pay the compensation
23of the guardian ad litem. If the court orders a county to pay the compensation of the
24guardian ad litem, the amount ordered may not exceed the compensation paid to
a 25private
attorneys attorney under s. 977.08 (4m) (b).
The guardian ad litem shall
1receive compensation for performing all duties required under s. 54.40 (4) and for any
2other acts that are approved by the court and are reasonably necessary to promote
3the ward's best interests.
SB391-SSA1, s. 499
4Section
499. 880.34 (title) of the statutes is renumbered 54.64 (title) and
5amended to read:
SB391-SSA1,235,7
654.64 (title)
Duration Review of incompetency and termination of
7guardianship; review.
SB391-SSA1, s. 500
8Section
500. 880.34 (1) of the statutes is renumbered 54.64 (1) and amended
9to read:
SB391-SSA1,235,1610
54.64
(1) Duration. Any guardianship of an individual found to be incompetent
11under this chapter shall continue during the life of the
incompetent, or ward, until
12terminated by the court
, or as provided under sub. (3) or (4).
Upon reaching the age
13of majority, an incompetent subject to guardianship under this chapter shall be
14reviewed by the court for the purpose of determining whether the guardianship
15should be continued or modified. The court shall make a specific finding of any rights
16under s. 880.33 (3) which the individual is competent to exercise at the time.
SB391-SSA1, s. 501
17Section
501. 880.34 (2) of the statutes is renumbered 54.64 (2) (d) and
18amended to read:
SB391-SSA1,235,2119
54.64
(2) (d) The court shall review and may terminate the guardianship of the
20person of an
individual found incompetent upon marriage to any person who is not
21subject to a guardianship.
SB391-SSA1, s. 503
23Section
503. 880.34 (4) of the statutes is renumbered 54.64 (2) (a) (intro.) and
24amended to read:
SB391-SSA1,236,8
154.64
(2) (a) (intro.) A ward who is 18 years of age or older, any
interested 2person acting on the ward's behalf, or the ward's guardian may petition for a review
3of incompetency
. Upon such, to have the guardian discharged and a new guardian
4appointed, or to have the guardianship limited and specific rights restored. The
5petition may be filed at any time after 180 days after any previous hearing under s.
654.44, or at any time if the court determines that exigent circumstances, including
7presentation of new evidence, require a review. If a petition
for review is filed, the
8court shall
conduct do all of the following:
SB391-SSA1,236,13
94. Conduct a hearing at which the ward
shall be is present and
shall have
has 10the right to a jury trial, if demanded.
The ward shall also have the right to counsel
11and the court shall appoint counsel if the ward is unable to obtain counsel. If the
12ward is indigent, counsel shall be provided at the expense of the ward's county of legal
13settlement.
SB391-SSA1, s. 504
14Section
504. 880.34 (5) of the statutes is renumbered 54.64 (2) (c) and
15amended to read:
SB391-SSA1,236,1816
54.64
(2) (c) After a hearing under
sub. (4) par. (a) or on its own motion, a court
17may terminate or modify
a the guardianship
of an incompetent, including restoring
18certain of the ward's rights.
SB391-SSA1, s. 506
20Section
506. 880.35 of the statutes is renumbered 54.15 (7) and amended to
21read:
SB391-SSA1,237,422
54.15
(7) Nonprofit corporation as guardian Private nonprofit corporation
23or other entity. A private nonprofit corporation organized under ch. 181, 187
, or 188
24is qualified to act or an unincorporated association that is approved by the court may
25be appointed as guardian of the person or of the
property estate or both, of
an
1individual found to be in need of guardianship under s. 880.33, if a proposed ward,
2if no suitable individual is available as guardian and the department
of health and
3family services, under rules
established promulgated under
ch. 55 this chapter, finds
4the corporation
or association to be a suitable agency to perform such duties.
SB391-SSA1, s. 507
5Section
507. 880.36 (title) of the statutes is renumbered 54.52 (title).
SB391-SSA1, s. 508
6Section
508. 880.36 (1) of the statutes is renumbered 54.52 (1) and amended
7to read:
SB391-SSA1,237,178
54.52
(1) A
person may at any time bring a petition for the appointment of a
9standby guardian of the person or
property or both
estate of
a minor or person found
10incompetent under s. 880.08 to assume the duty and authority of guardianship on
11the death, incapacity or resignation of the initially appointed guardian may be
12brought under this chapter at any time. A an individual who is determined under
13s. 54.10 to be incompetent, a minor, or a spendthrift, except that, as specified in s.
1448.97 a petition for the appointment of a standby guardian of the person or property
15or both of a minor to assume the duty and authority of guardianship on the
16incapacity, death, or debilitation and consent, of the minor's parent
shall may be
17brought under s. 48.978.
SB391-SSA1, s. 509
18Section
509. 880.36 (2) of the statutes is renumbered 54.52 (2) and amended
19to read:
SB391-SSA1,238,820
54.52
(2) At any hearing conducted under this section the court may designate
21one or more standby guardians of the person or
property estate whose appointment
22shall become effective immediately upon the death,
incapacity unwillingness, or 23inability to act, or resignation
or court's removal of the initially appointed guardian
24or during a period, as determined by the initially appointed guardian, when the
25initially appointed guardian or the court is temporarily unable to fulfill his or her
1duties, including during an extended vacation or illness. The powers and duties of
2the standby guardian shall be the same as those of the initially appointed guardian.
3The standby guardian shall receive a copy of the court order establishing or
4modifying the initial guardianship, and the order designating the standby guardian.
5Upon assuming office, the standby guardian shall so notify the court.
Upon
6notification, the court shall issue new letters of guardianship that specify that the
7standby guardianship is permanent or that specify the time period for a limited
8standby guardianship.
SB391-SSA1, s. 511
10Section
511. 880.38 (title) of the statutes is renumbered 54.25 (title) and
11amended to read:
SB391-SSA1,238,13
1254.25 (title)
Guardian Duties and powers of guardian of the person of
13incompetent.
SB391-SSA1, s. 513
15Section
513. 880.38 (2) of the statutes is renumbered 54.25 (1) (b) (intro.) and
16amended to read:
SB391-SSA1,238,1917
54.25
(1) (b) (intro.)
A guardian of the person shall endeavor Endeavor to
18secure
any necessary care
, or services
or appropriate protective placement on behalf
19of for the ward
. that are in the ward's best interests, based on all of the following:
SB391-SSA1, s. 514
20Section
514. 880.38 (3) of the statutes is renumbered 54.25 (1) (a) and
21amended to read:
SB391-SSA1,239,622
54.25
(1) (a)
A guardian of the person of an incompetent appointed under s.
23880.33 shall make Make an annual report on the condition of the ward to the court
24that ordered the guardianship and to the county department designated under s.
2555.02. That county department shall develop reporting requirements for the
1guardian of the person. The report shall include
, but not be limited to, the location
2of the ward, the health condition of the ward, any recommendations regarding the
3ward
, and a statement
of as to whether or not the ward is living in the least restrictive
4environment consistent with the needs of the ward.
The guardian may fulfill the
5requirement under this subsection by submitting the report required under s. 55.06
6(10).
SB391-SSA1, s. 516
8Section
516. 880.39 of the statutes is renumbered 54.18 (4) and amended to
9read:
SB391-SSA1,239,1410
54.18
(4) Any A guardian of the person
or of the estate is immune from civil
11liability for his or her acts or omissions in performing the duties of the guardianship
12if he or she performs the duties in good faith, in the best interests of the ward
, and
13with the degree of diligence and prudence that an ordinarily prudent person
14exercises in his or her own affairs.