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:
SB391-SSA1,244,20
1754.872 Single custodianship. A transfer may be made only for one minor,
18and only one person may be the custodian. All custodial property held under ss.
19880.61 to 880.72 54.854 to 54.898 by the same custodian for the benefit of the same
20minor constitutes a single custodianship.
SB391-SSA1, s. 537
21Section
537. 880.66 of the statutes is renumbered 54.874 and amended to
22read:
SB391-SSA1,244,24
2354.874 Validity and effect of transfer.
(1) The validity of a transfer made
24in a manner prescribed in ss.
880.61 to 880.72 54.854 to 54.898 is not affected by:
SB391-SSA1,245,2
1(a) Failure of the transferor to comply with s.
880.65 54.870 (3) concerning
2possession and control;
SB391-SSA1,245,53
(b) Designation of an ineligible custodian, except designation of the transferor
4in the case of property for which the transferor is ineligible to serve as custodian
5under s.
880.65 54.870 (1); or
SB391-SSA1,245,86
(c) Death or incapacity of a person nominated under s.
880.62 54.858 or
7designated under s.
880.65 54.870 as custodian or the disclaimer of the office by that
8person.
SB391-SSA1,245,14
9(2) A transfer made under s.
880.65
54.870 is irrevocable, and the custodial
10property is indefeasibly vested in the minor, but the custodian has all the rights,
11powers, duties and authority provided in ss.
880.61 to 880.72 54.854 to 54.898, and
12neither the minor nor the minor's legal representative has any right, power, duty or
13authority with respect to the custodial property except as provided in ss.
880.61 to
14880.72 54.854 to 54.898.
SB391-SSA1,245,18
15(3) By making a transfer, the transferor incorporates in the disposition all of
16the provisions of ss.
880.61 to 880.72 54.854 to 54.898 and grants to the custodian,
17and to any 3rd person dealing with a person designated as custodian, the respective
18powers, rights and immunities provided in ss.
880.61 to 880.72 54.854 to 54.898.
SB391-SSA1, s. 539
20Section
539. 880.67 of the statutes is renumbered 54.878, and 54.878 (2), as
21renumbered, is amended to read:
SB391-SSA1,245,2322
54.878
(2) This section does not relieve a custodian from liability for breach of
23s.
880.665 54.876.
SB391-SSA1, s. 541
1Section
541. 880.68 of the statutes is renumbered 54.882, and 54.882 (2) and
2(3), as renumbered, are amended to read:
SB391-SSA1,246,53
54.882
(2) Except for a person who is a transferor under s.
880.625 54.860, a
4custodian has a noncumulative election during each calendar year to charge
5reasonable compensation for services performed during that year.
SB391-SSA1,246,6
6(3) Except as provided in s.
880.695
54.888 (6), a custodian need not give a bond.
SB391-SSA1, s. 542
7Section
542. 880.685 of the statutes is renumbered 54.884, and 54.884 (2) and
8(3), as renumbered, are amended to read:
SB391-SSA1,246,109
54.884
(2) The propriety of, or the authority under ss.
880.61 to 880.72 54.854
10to 54.898 for, any act of the purported custodian.
SB391-SSA1,246,13
11(3) The validity or propriety under ss.
880.61 to 880.72 54.854 to 54.898 of any
12instrument or instructions executed or given either by the person purporting to make
13a transfer or by the purported custodian.
SB391-SSA1, s. 544
15Section
544. 880.695 of the statutes is renumbered 54.888, and 54.888 (1), (2)
16and (6), as renumbered are amended to read:
SB391-SSA1,247,217
54.888
(1) A person nominated under s.
880.62 54.858 or designated under s.
18880.65 54.870 as custodian may decline to serve by delivering a valid disclaimer
19under s. 854.13 to the person who made the nomination or to the transferor or the
20transferor's legal representative. If the event giving rise to a transfer has not
21occurred and no substitute custodian able, willing and eligible to serve was
22nominated under s.
880.62 54.858, the person who made the nomination may
23nominate a substitute custodian under s.
880.62 54.858; otherwise the transferor or
24the transferor's legal representative shall designate a substitute custodian at the
25time of the transfer, in either case from among the persons eligible to serve as
1custodian for that kind of property under s.
880.65 54.870 (1). The custodian so
2designated has the rights of a successor custodian.
SB391-SSA1,247,8
3(2) A custodian at any time may designate a trust company or an adult other
4than a transferor under s.
880.625 54.860 as successor custodian by executing and
5dating an instrument of designation before a subscribing witness other than the
6successor. If the instrument of designation does not contain or is not accompanied
7by the resignation of the custodian, the designation of the successor does not take
8effect until the custodian resigns, dies, becomes incapacitated or is removed.
SB391-SSA1,247,14
9(6) A transferor, the legal representative of a transferor, an adult member of
10the minor's family, a guardian of the person of the minor, the conservator of the minor
11or the minor if the minor has attained the age of 14 years may petition the court to
12remove the custodian for cause and to designate a successor custodian other than a
13transferor under s.
880.625 54.860 or to require the custodian to give appropriate
14bond.
SB391-SSA1, s. 545
15Section
545. 880.70 of the statutes is renumbered 54.890, and 54.890 (1) (b),
16(3) and (4), as renumbered, are amended to read:
SB391-SSA1,247,2017
54.890
(1) (b) For a determination of responsibility, as between the custodial
18property and the custodian personally, for claims against the custodial property
19unless the responsibility has been adjudicated in an action under s.
880.69 54.886 20to which the minor or the minor's legal representative was a party.
SB391-SSA1,247,23
21(3) The court, in a proceeding under ss.
880.61 to 880.72 54.854 to 54.898 or
22in any other proceeding, may require or permit the custodian or the custodian's legal
23representative to account.
SB391-SSA1,248,2
24(4) If a custodian is removed under s.
880.695 54.888 (6), the court shall require
25an accounting and order delivery of the custodial property and records to the
1successor custodian and the execution of all instruments required for transfer of the
2custodial property.
SB391-SSA1, s. 546
3Section
546. 880.705 of the statutes is renumbered 54.892, and 54.892 (1) and
4(2), as renumbered, are amended to read:
SB391-SSA1,248,65
54.892
(1) The minor's attainment of 21 years of age with respect to custodial
6property transferred under s.
880.625 or 880.63 54.860 or 54.862;