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;
SB391-SSA1,248,8
7(2) The minor's attainment of 18 years of age with respect to custodial property
8transferred under s.
880.635 or 880.64 54.864 or 54.866; or
SB391-SSA1, s. 547
9Section
547. 880.71 of the statutes is renumbered 54.894, and 54.894 (intro.)
10and (2), as renumbered, are amended to read:
SB391-SSA1,248,12
1154.894 Applicability. (intro.) Sections
880.61 to 880.72 54.854 to 54.898 12apply to a transfer within the scope of s.
880.615
54.856 made after April 8, 1988, if:
SB391-SSA1,248,17
13(2) The instrument by which the transfer purports to have been made uses in
14substance the designation "as custodian under the Uniform Gifts to Minors Act" or
15"as custodian under the Uniform Transfers to Minors Act" of any other state, and the
16application of ss.
880.61 to 880.72 54.854 to 54.898 is necessary to validate the
17transfer.
SB391-SSA1, s. 548
18Section
548. 880.715 of the statutes is renumbered 54.896 and amended to
19read:
SB391-SSA1,248,24
2054.896 Effect on existing custodianships. (1) Any transfer of custodial
21property as defined in ss.
880.61 to 880.72 54.854 to 54.898 made before April 8, 1988,
22is validated notwithstanding that there was no specific authority in ss. 880.61 to
23880.71, 1985 stats., for the coverage of custodial property of that kind or for a transfer
24from that source at the time the transfer was made.
SB391-SSA1,249,4
1(2) Sections
880.61 to 880.72
54.854 to 54.898 apply to all transfers made before
2April 8, 1988, in a manner and form prescribed in ss. 880.61 to 880.71, 1985 stats.,
3except insofar as the application impairs constitutionally vested rights or extends
4the duration of custodianships in existence on April 8, 1988.
SB391-SSA1,249,9
5(3) Sections
880.61 to 880.705 54.854 to 54.892 with respect to the age of a
6minor for whom custodial property is held under ss.
880.61 to 880.72 54.854 to 54.898 7do not apply to custodial property held in a custodianship that terminated because
8of the minor's attainment of the age of 18 after March 23, 1972 and before April 8,
91988.
SB391-SSA1,249,15
10(4) To the extent that ss.
880.61 to 880.72 54.854 to 54.898, by virtue of sub.
11(2), do not apply to transfers made in a manner prescribed in ss. 880.61 to 880.71,
121985 stats., or to the powers, duties and immunities conferred by transfers in that
13manner upon custodians and persons dealing with custodians, the repeal of ss.
14880.61 to 880.71, 1985 stats., does not affect those transfers, powers, duties and
15immunities.
SB391-SSA1, s. 549
16Section
549. 880.72 of the statutes is renumbered 54.898 and amended to
17read:
SB391-SSA1,249,21
1854.898 Uniformity of application and construction. Sections
880.61 to
19880.72 54.854 to 54.898 shall be applied and construed to effectuate their general
20purpose to make uniform the law with respect to the subject of ss.
880.61 to 880.72 2154.854 to 54.898 among states enacting it.
SB391-SSA1, s. 550
22Section
550. Subchapter IV (title) of chapter 880 [precedes 880.75] of the
23statutes is repealed.
SB391-SSA1, s. 552
1Section
552. 880.76 of the statutes is renumbered 54.93, and 54.93 (1), (2) and
2(3), as renumbered, are amended to read:
SB391-SSA1,250,43
54.93
(1) Definitions. (a) All definitions in s.
880.75 54.92 (1) (a) to (e) and (g)
4shall apply in this section, unless the context otherwise requires.
"Third
SB391-SSA1,250,7
5(b) In this section, "3rd party" is a person other than a bank, broker, transfer
6agent or issuer who with respect to a security held by an incompetent or spendthrift
7effects a transaction otherwise than directly with the incompetent or spendthrift.
SB391-SSA1,250,23
8(2) Security transactions involving incompetent or spendthrift; liability. 9A bank, broker, issuer,
third 3rd party
, or transfer agent incurs no liability by reason
10of his or her treating an incompetent or spendthrift as having capacity to transfer
11a security, to receive or to empower others to receive dividends, interest, principal,
12or other payments or distributions, to vote or give consent in person or by proxy, or
13to make elections or exercise rights relating to the security, unless prior to acting in
14the transaction the bank, broker, issuer,
third 3rd party
, or transfer agent had
15received written notice in the office acting in the transaction that the specific security
16is held by a person who has been adjudicated an incompetent or a spendthrift or
17unless an individual conducting the transaction for the bank, broker, issuer,
third 183rd party
, or transfer agent had actual knowledge that the holder of the security is
19a person who has been adjudicated an incompetent or a spendthrift, or actual
20knowledge of filing of lis pendens as provided in s.
880.215 54.47. Except as
21otherwise provided in this section, such a bank, broker, issuer,
third 3rd party
, or
22transfer agent may assume without inquiry that the holder of a security is not an
23incompetent or spendthrift.
SB391-SSA1,251,12
24(3) Acts not subject to disaffirmance or avoidance. An incompetent or
25spendthrift, who has transferred a security, received or empowered others to receive
1dividends, interest, principal, or other payments or distributions, voted or given
2consent in person or by proxy, or made an election or exercised rights relating to the
3security, has no right thereafter, as against a bank, broker, issuer,
third 3rd party
, 4or transfer agent to disaffirm or avoid the transaction, unless prior to acting in the
5transaction the bank, broker, issuer,
third 3rd party
, or transfer agent against whom
6the transaction is sought to be disaffirmed or avoided had received notice in the office
7acting in the transaction that the specific security is held by a person who has been
8adjudicated an incompetent or a spendthrift or unless an individual conducting the
9transaction for the bank, broker, issuer,
third 3rd party
, or transfer agent had actual
10knowledge that the holder is a person who has been adjudicated an incompetent or
11a spendthrift, or actual knowledge of filing of lis pendens as provided in s.
880.215
1254.47.
SB391-SSA1, s. 553
13Section
553. Subchapter V (title) of chapter 880 [precedes 880.81] of the
14statutes is repealed.
SB391-SSA1, s. 554
15Section
554. 880.81 of the statutes is renumbered 54.950, and 54.950 (3), (4),
16(7) and (12), as renumbered, are amended to read:
SB391-SSA1,251,2017
54.950
(3) "Conservator" Notwithstanding s. 54.01 (3), "conservator" means a
18person appointed or qualified by a court by voluntary proceedings to manage the
19estate of an individual, or a person legally authorized to perform substantially the
20same functions.
SB391-SSA1,251,22
21(4) "Court" Notwithstanding s. 54.01 (4), "court" means the circuit court of this
22state.
SB391-SSA1,252,2
23(7) "Guardian" Notwithstanding s. 54.01 (10), "guardian" means a person
24appointed or qualified by a court as a guardian of the person or estate, or both, of an
1individual, including a
limited guardian
with limited powers, but not a person who
2is only a guardian ad litem.
SB391-SSA1,252,6
3(12) "Personal representative"
Notwithstanding s. 54.01 (23), "personal
4representative" means an executor, administrator or special administrator of a
5decedent's estate, a person legally authorized to perform substantially the same
6functions or a successor to any of them.
SB391-SSA1, s. 555
7Section
555. 880.815 of the statutes is renumbered 54.952, and 54.952 (8), as
8renumbered, is amended to read:
SB391-SSA1,252,119
54.952
(8) This subchapter does Sections 54.950 to 54.988 do not displace or
10restrict other means of creating trusts. A trust whose terms do not conform to this
11subchapter may be enforceable according to its terms under other law.
SB391-SSA1, s. 558
14Section
558. 880.83 of the statutes is renumbered 54.958, and 54.958 (1), as
15renumbered, is amended to read:
SB391-SSA1,252,2216
54.958
(1) Unless otherwise directed by an instrument designating a custodial
17trustee pursuant to s.
880.82 54.954, a person, including a fiduciary other than a
18custodial trustee, who holds property of or owes a debt to an incapacitated individual
19not having a conservator or guardian of the estate may make a transfer to an adult
20member of the beneficiary's family or to a trust company as custodial trustee for the
21use and benefit of the incapacitated individual. If the value of the property or the
22debt exceeds $10,000, the transfer is not effective unless authorized by the court.
SB391-SSA1, s. 559
23Section
559. 880.835 of the statutes is renumbered 54.960, and 54.960 (3), as
24renumbered, is amended to read:
SB391-SSA1,253,3
154.960
(3) A custodial trustee of custodial trust property held for more than one
2beneficiary shall separately account to each beneficiary pursuant to ss.
880.84 and
3880.88 54.962 and 54.978 for the administration of the custodial trust.
SB391-SSA1, s. 561
5Section
561. 880.845 of the statutes is renumbered 54.964, and 54.964 (2), as
6renumbered, is amended to read:
SB391-SSA1,253,87
54.964
(2) This section does not relieve a custodial trustee from liability for a
8violation of s.
880.84 54.962.
SB391-SSA1, s. 563
10Section
563. 880.855 of the statutes is renumbered 54.968, and 54.968 (1) (a),
11as renumbered, is amended to read:
SB391-SSA1,253,1212
54.968
(1) (a) The custodial trust was created under s.
880.83 54.958.
SB391-SSA1, s. 566
15Section
566. 880.87 of the statutes is renumbered 54.974, and 54.974 (1) and
16(3), as renumbered, are amended to read:
SB391-SSA1,253,2517
54.974
(1) Before accepting the custodial trust property, a person designated
18as custodial trustee may decline to serve by notifying the person who made the
19designation, the transferor or the transferor's legal representative. If an event
20giving rise to a transfer has not occurred, the substitute custodial trustee designated
21under s.
880.82 54.954 becomes the custodial trustee, or, if a substitute custodial
22trustee has not been designated, the person who made the designation may
23designate a substitute custodial trustee pursuant to s.
880.82 54.954. In other cases,
24the transferor or the transferor's legal representative may designate a substitute
25custodial trustee.
SB391-SSA1,254,10
1(3) If a custodial trustee or successor custodial trustee is ineligible, resigns,
2dies or becomes incapacitated, the successor designated under s.
880.815 (7) or
3880.82 54.952 (7) or 54.954 becomes custodial trustee. If there is no effective
4provision for a successor, the beneficiary, if not incapacitated, may designate a
5successor custodial trustee. If the beneficiary is incapacitated or fails to act within
690 days after the ineligibility, resignation, death or incapacity of the custodial
7trustee, the beneficiary's conservator or guardian of the estate becomes successor
8custodial trustee. If the beneficiary does not have a conservator or a guardian of the
9estate, or the conservator or guardian of the estate fails to act, the resigning custodial
10trustee may designate a successor custodial trustee.
SB391-SSA1, s. 570
14Section
570. 880.89 of the statutes is renumbered 54.982, and 54.982 (2) (b),
15as renumbered, is amended to read:
SB391-SSA1,254,1716
54.982
(2) (b) To the survivor of multiple beneficiaries if survivorship is
17provided for pursuant to s.
880.835 54.960.
SB391-SSA1, s. 571
18Section
571. 880.895 of the statutes is renumbered 54.984, and 54.984 (1)
19(intro.), as renumbered, is amended to read:
SB391-SSA1,254,2220
54.984
(1) (intro.) If a transaction, including a declaration with respect to or
21a transfer of specific property, otherwise satisfies applicable law, the criteria of s.
22880.815 54.952 are satisfied by any of the following:
SB391-SSA1, s. 572
23Section
572. 880.90 of the statutes is renumbered 54.986, and 54.986 (1), as
24renumbered, is amended to read:
SB391-SSA1,255,8
154.986
(1) This subchapter applies Sections 54.950 to 54.988 apply to a transfer
2or declaration creating a custodial trust that refers to this subchapter if, at the time
3of the transfer or declaration, the transferor, beneficiary or custodial trustee is a
4resident of or has its principal place of business in this state or custodial trust
5property is located in this state. The custodial trust remains subject to this
6subchapter despite a later change in residence or principal place of business of the
7transferor, beneficiary or custodial trustee, or removal of the custodial trust property
8from this state.
SB391-SSA1, s. 573
9Section
573. 880.905 of the statutes is renumbered 54.988 and amended to
10read:
SB391-SSA1,255,14
1154.988 Uniformity of application and construction. This subchapter 12Sections 54.950 to 54.988 shall be applied and construed to effectuate its general
13purpose to make uniform the law with respect to the subject of this subchapter
14among states enacting it.
SB391-SSA1,256,3
16885.17 Transactions with deceased agent. No party, and no person from,
17through
, or under whom a party derives the party's interest or title
shall, may be
18examined as a witness in respect to any transaction or communication by the party
19or person personally with an agent of the adverse party or an agent of the person
20from, through
, or under whom such adverse party derives his or her interest or title,
21when such if the agent is dead
or insane, or otherwise legally, mentally ill, or
22adjudicated incompetent as a witness
, unless the opposite party shall first be
23examined or
examine some other witness in his or her behalf
examined in respect to
24some transaction or communication between
such the agent and
such the other party
25or person; or unless the testimony of
such the agent, at any time taken, be first read
1or given in evidence by the opposite party; and then, in either case respectively, only
2in respect to such
the transaction or communication of which testimony is so given
3or to the matters to which
such the testimony relates.
SB391-SSA1,256,145
905.04
(4) (a)
Proceedings for hospitalization, guardianship, protective services
6or protective placement. There is no privilege under this rule as to communications
7and information relevant to an issue in proceedings to hospitalize the patient for
8mental illness, to appoint a guardian
under s. 880.33
in this state, for court-ordered
9protective services or protective placement
, or for review of guardianship, protective
10services or protective placement orders, if the physician, registered nurse,
11chiropractor, psychologist, social worker, marriage and family therapist or
12professional counselor in the course of diagnosis or treatment has determined that
13the patient is in need of hospitalization, guardianship, protective services
, or
14protective placement.
SB391-SSA1,256,1916
905.04
(4) (am)
Proceedings for guardianship. There is no privilege under this
17rule as to information contained in a statement concerning the mental condition of
18the patient furnished to the court by a physician or psychologist under s.
54.36 (1)
19or s. 880.33 (1)
, 2003 stats.
SB391-SSA1,256,2321
938.02
(20m) (a) 5. If a person specified in subd. 1. has been
determined to be 22adjudicated incompetent
under ch. 880
in this state, the guardian of the person
23appointed
under ch. 880 for him or her.
SB391-SSA1,257,4
1938.345
(1) (e) Place any juvenile not specifically found under chs. 46, 49, 51,
254. or 115
and or ch. 880
, 2003 stats., to be developmentally disabled or mentally ill
3or to be a child with a disability, as defined in s. 115.76 (5), in facilities
which that 4exclusively treat those categories of juveniles.
SB391-SSA1,257,86
949.04
(1) (b) Application by an
individual adjudicated incompetent may be
7made on the
incompetent's individual's behalf by the guardian or other person
8authorized to administer the
incompetent's individual's estate.
SB391-SSA1,257,1210
950.02
(4) (a) 5. If a person specified in subd. 1. has been
determined to be 11adjudicated incompetent
under ch. 880
in this state, the guardian of the person
12appointed
under ch. 880 for him or her.
SB391-SSA1,257,1614
968.20
(1m) (a) 1. "Crime" includes an act committed by a juvenile or
by an
15adult who is adjudicated incompetent
adult which
that would have been a crime if
16the act had been committed by a competent adult.
SB391-SSA1,258,6
18992.08 Evidence as to county lands; minors. Whenever in any action it is
19material to any party to show that the title to any tract of land is vested in any county,
20under chapter 132 of the general laws of 1866, by having been bid in for such county
21for 5 successive years on sales for taxes and that the tract remains unredeemed, the
22statement of such sales made by the county treasurer, or the record of such statement
23in the book kept for that purpose in the treasurer's office, or the certificates of such
24sales executed by the treasurer to the county shall be prima facie evidence of the
25regularity of the tax proceedings from and including the valuation of any such tract
1of land up to and inclusive of the sale thereof and of the existence of all conditions
2precedent in any way affecting the validity of such sales, or requisite to make the title
3of such land absolutely vest in the county in which the same is situate. This section
4does not apply to any such lands if it appears that they were owned at the time of the
5sales by minors or
persons individuals who were
adjudicated incompetent
, insane or
6mentally ill or
were under guardianship.
SB391-SSA1,258,148
(1)
Review of order; involuntary administration of psychotropic medication. 9For an individual who is subject to an order appointing a guardian under section
10880.33 (4m), 2003 stats., and to an order initially issued under section 880.33 (4r),
112003 stats., that is in effect on the effective date of this subsection, the county
12department of the individual's county of residence shall, no later than 9 months after
13the effective date of this subsection, review the individual's status under the
14requirements of section 55.19 of the statutes, as created by this act.
SB391-SSA1,258,2015
(2)
Transition; involuntary administration of psychotropic medication. 16Notwithstanding the treatment of sections 880.07 (1m), 880.33 (2) (d), (4m), and (4r),
17and 880.34 (6) of the statutes by this act, all orders issued under section 880.33 (4m)
18and (4r), 2003 stats., in effect on the effective date of this subsection, remain in effect
19until modified or terminated by a court order under section 55.19 (3) (e) 2. or 3. of the
20statutes, as created by this act.
SB391-SSA1,258,2221
(3)
Compliance by facilities with requirements for administration of
22psychotropic medication.