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.
SB391-SSA1, s. 519
19Section
519. 880.60 (1) (intro.) of the statutes is renumbered 54.852 (1)
20(intro.).
SB391-SSA1, s. 521
23Section
521. 880.60 (1) (b) to (g), (2) to (4) and (5) (title) and (a) of the statutes
24are renumbered 54.852 (1) (b) to (g), (2) to (4) and (5) (title) and (a), and 54.852 (1)
25(d) and (g), as renumbered, are amended to read:
SB391-SSA1,240,2
154.852
(1) (d)
"Guardian"
Notwithstanding s. 54.01 (10), "guardian" means any
2fiduciary for the person or estate of a ward.
SB391-SSA1,240,43
(g)
"Ward" Notwithstanding s. 54.01 (37), "ward" means
a beneficiary of an
4individual who receives benefits from the U.S. department of veterans affairs.
SB391-SSA1, s. 523
7Section
523. 880.60 (5) (c) and (d) and (6) to (18) of the statutes are
8renumbered 54.852 (5) (c) and (d) and (6) to (18), and 54.852 (10) (a) and (12), as
9renumbered, are amended to read:
SB391-SSA1,240,1210
54.852
(10) (a) Every guardian shall file his or her accounts as required by this
11chapter and shall be excused from filing accounts in the case as provided by s.
880.25
12(3) 54.66 (2).
SB391-SSA1,240,14
13(12) Compensation of guardians. Guardians shall be compensated as provided
14in s.
880.24 (1) 54.72.
SB391-SSA1, s. 525
17Section
525. 880.60 (20) and (21) of the statutes are renumbered 54.852 (20)
18and (21).
SB391-SSA1, s. 526
19Section
526. Subchapter III (title) of chapter 880 [precedes 880.61] of the
20statutes is repealed.
SB391-SSA1, s. 527
21Section
527. 880.61 of the statutes is renumbered 54.854, and 54.854 (intro.),
22(3) to (6), (10), (11), (13) and (14), as renumbered, are amended to read:
SB391-SSA1,240,24
2354.854 (title)
Definitions
Uniform transfers to minors act; definitions. 24(intro.) In ss.
880.61 to 880.72 54.854 to 54.898:
SB391-SSA1,241,4
1(3) "Conservator" Notwithstanding s. 54.01 (3), "conservator" means a person
2appointed or qualified by a court to act as general, limited or temporary guardian of
3a minor's property or a person legally authorized to perform substantially the same
4functions.
SB391-SSA1,241,5
5(4) "Court" Notwithstanding s. 54.01 (4), "court" means the circuit court.
SB391-SSA1,241,8
6(5) "Custodial property" means any interest in property transferred to a
7custodian under ss.
880.61 to 880.72 54.854 to 54.898 and the income from and
8proceeds of that interest in property.
SB391-SSA1,241,10
9(6) "Custodian" means a person so designated under s.
880.65 54.870 or a
10successor or substitute custodian designated under s.
880.695 54.888.
SB391-SSA1,241,12
11(10) "Minor" Notwithstanding s. 54.01 (20), "minor" means an individual who
12has not attained the age of 21 years.
SB391-SSA1,241,16
13(11) "Personal representative"
Notwithstanding s. 54.01 (23), "personal
14representative" means an executor, administrator, successor personal
15representative or special administrator of a decedent's estate or a person legally
16authorized to perform substantially the same functions.
SB391-SSA1,241,18
17(13) "Transfer" means a transaction that creates custodial property under s.
18880.65 54.870.
SB391-SSA1,241,20
19(14) "Transferor" means a person who makes a transfer under ss.
880.61 to
20880.72 54.854 to 54.898.
SB391-SSA1, s. 528
21Section
528. 880.615 of the statutes is renumbered 54.856, and 54.856 (1) and
22(2), as renumbered, are amended to read:
SB391-SSA1,242,423
54.856
(1) Sections
880.61 to 880.72
54.854 to 54.898 apply to a transfer that
24refers to ss.
880.61 to 880.72 54.854 to 54.898 in the designation under s.
880.65 2554.870 (1) by which the transfer is made if at the time of the transfer the transferor,
1the minor or the custodian is a resident of this state or the custodial property is
2located in this state. The custodianship so created remains subject to ss.
880.61 to
3880.72 54.854 to 54.898 despite a subsequent change in residence of a transferor, the
4minor or the custodian, or the removal of custodial property from this state.
SB391-SSA1,242,7
5(2) A person designated as custodian under s.
880.65 to 880.695 54.870 to
654.888 is subject to personal jurisdiction in this state with respect to any matter
7relating to the custodianship.
SB391-SSA1, s. 529
8Section
529. 880.62 of the statutes is renumbered 54.858, and 54.858 (2) and
9(3), as renumbered, are amended to read:
SB391-SSA1,242,1110
54.858
(2) A custodian nominated under this section must be a person to whom
11a transfer of property of that kind may be made under s.
880.65 54.870 (1).
SB391-SSA1,242,17
12(3) The nomination of a custodian under this section does not create custodial
13property until the nominating instrument becomes irrevocable or a transfer to the
14nominated custodian is completed under s.
880.65
54.870. Unless the nomination
15of a custodian has been revoked, upon the occurrence of the future event the
16custodianship becomes effective and the custodian shall enforce a transfer of the
17custodial property under s.
880.65 54.870.
SB391-SSA1, s. 530
18Section
530. 880.625 of the statutes is renumbered 54.860 and amended to
19read:
SB391-SSA1,242,22
2054.860 Transfer by gift or exercise of power of appointment. A person
21may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of
22appointment in favor of, a custodian for the benefit of a minor under s.
880.65 54.870.
SB391-SSA1, s. 531
23Section
531. 880.63 of the statutes is renumbered 54.862 and amended to
24read:
SB391-SSA1,243,3
154.862 Transfer authorized by will or trust. (1) A personal representative
2or trustee may make an irrevocable transfer under s.
880.65 54.870 to a custodian
3for the benefit of a minor as authorized in the governing will or trust.
SB391-SSA1,243,5
4(2) If the testator or settlor has nominated a custodian under s.
880.62 54.858 5to receive the custodial property, the transfer must be made to that person.
SB391-SSA1,243,10
6(3) If the testator or settlor has not nominated a custodian under s.
880.62 754.858, or all persons so nominated as custodian die before the transfer or are unable,
8decline or are ineligible to serve, the personal representative or the trustee, as the
9case may be, shall designate the custodian from among those eligible to serve as
10custodian for property of that kind under s.
880.65
54.870 (1).
SB391-SSA1, s. 532
11Section
532. 880.635 of the statutes is renumbered 54.864, and 54.864 (1) and
12(2), as renumbered, are amended to read:
SB391-SSA1,243,1613
54.864
(1) Subject to sub. (3), a personal representative or trustee may make
14an irrevocable transfer to another adult or trust company as custodian for the benefit
15of a minor under s.
880.65 54.870 in the absence of a will or under a will or trust that
16does not contain an authorization to do so.
SB391-SSA1,243,19
17(2) Subject to sub. (3), a conservator may make an irrevocable transfer to
18another adult or trust company as custodian for the benefit of the minor under s.
19880.65 54.870.
SB391-SSA1, s. 533
20Section
533. 880.64 of the statutes is renumbered 54.866 and amended to
21read:
SB391-SSA1,243,25
2254.866 Transfer by obligor. (1) Subject to subs. (2) and (3), a person not
23subject to s.
880.63 or 880.635 54.862 or 54.864 who holds property of or owes a
24liquidated debt to a minor not having a conservator may make an irrevocable
25transfer to a custodian for the benefit of the minor under s.
880.65 54.870.
SB391-SSA1,244,3
1(2) If a person having the right to do so under s.
880.62 54.858 has nominated
2a custodian under that section to receive the custodial property, the transfer must
3be made to that person.
SB391-SSA1,244,8
4(3) If no custodian has been nominated under s.
880.62 54.858, or all persons
5so nominated as custodian die before the transfer or are unable, decline or are
6ineligible to serve, a transfer under this section may be made to an adult member of
7the minor's family or to a trust company unless the property exceeds $10,000 in
8value.
SB391-SSA1, s. 534
9Section
534. 880.645 of the statutes is renumbered 54.868 and amended to
10read:
SB391-SSA1,244,13
1154.868 Receipt for custodial property. A written acknowledgment of
12delivery by a custodian constitutes a sufficient receipt and discharge for custodial
13property transferred to the custodian under ss.
880.61 to 880.72 54.854 to 54.898.
SB391-SSA1, s. 536
15Section
536. 880.655 of the statutes is renumbered 54.872 and amended to
16read: