SB391: Bill Text

SB391,180,24 54.38 (2) Notice of hearing for appointments and rehearings, service, and delivery. (intro.) Upon the filing of a petition for guardianship, and the court being of the person or of the estate, including appointment or change of a guardian, if the court is satisfied as to compliance with s. 880.07 54.34, the court shall, except as provided in sub. (3), order the petitioner to serve notice on the proposed ward and guardian, if any, and to deliver notice to interested persons of the time and place of the hearing, as follows:

SB391, s. 338 Section 338. 880.08 (1) (title) of the statutes is repealed.

SB391, s. 339 Section 339. 880.08 (1) of the statutes is renumbered 54.38 (2) (a) and amended to read:

SB391,182,5 54.38 (2) (a) A petitioner shall have notice served of a petition for appointment or change of a guardian upon On the proposed incompetent and existing guardian, if any, ward by personal service and an existing guardian, if any, by personal service or by registered or certified mail at least 10 days before the time set for hearing. If such proposed incompetent the proposed ward is in custody or confinement, a the petitioner shall have notice served by registered or certified mail on the proposed incompetent's ward's custodian, who shall immediately serve it on the proposed incompetent ward. The process server or custodian shall inform the proposed incompetent ward of the complete contents of the notice and certify thereon petition, motion, or other required document; certify on the notice that the process server or custodian served and informed the proposed incompetent and returned ward; and return the certificate and notice to the circuit judge. The notice shall include the names of all persons who are petitioning for guardianship. A copy of the petition shall be attached to the notice. The court shall cause the proposed incompetent, if able to attend, to be produced at the hearing. The proposed incompetent is presumed able to attend unless, after a personal interview, the guardian ad litem certifies in writing to the court the specific reasons why the person is unable to attend. If the person is unable to attend a hearing because of physical inaccessibility or lack of transportation, the court shall hold the hearing in a place where the person may attend if requested by the proposed ward, guardian ad litem, adversary counsel or other interested person. Such notice shall also be given personally or by mail at least 10 days before the hearing to the proposed incompetent's counsel, if any, guardian ad litem, presumptive adult heirs or other persons who have legal or physical custody of the proposed incompetent whose names and addresses are known to the petitioner or can with reasonable diligence be ascertained, to any governmental or private agency, charity or foundation from which the proposed incompetent is receiving aid and to such other persons or entities as the court may require. The court shall then proceed under s. 880.33 court.

SB391, s. 340 Section 340. 880.08 (2) of the statutes is repealed.

SB391, s. 341 Section 341. 880.08 (3) (title) of the statutes is repealed.

SB391, s. 342 Section 342. 880.08 (3) (am) (intro.) of the statutes is renumbered 54.38 (3) (intro.) and amended to read:

SB391,182,13 54.38 (3) Notice of hearing for appointment of guardian for a minor. (intro.) When If the proposed ward is a minor, notice shall be given as provided in s. 879.05 the court shall order delivery of notice by the petitioner of the time and place of the hearing to all of the following persons, if applicable:

SB391, s. 343 Section 343. 880.08 (3) (am) 1. of the statutes is renumbered 54.38 (3) (a) and amended to read:

SB391,182,16 54.38 (3) (a) The proposed ward's spouse, if any.

SB391, s. 344 Section 344. 880.08 (3) (am) 2. of the statutes is renumbered 54.38 (3) (b) and amended to read:

SB391,182,20 54.38 (3) (b) The proposed ward's parents parent, unless the parent's parental rights have been judicially terminated.

SB391, s. 345 Section 345. 880.08 (3) (am) 3. of the statutes is renumbered 54.38 (3) (c) and amended to read:

SB391,182,24 54.38 (3) (c) A minor The proposed ward, if the proposed ward is over 14 years of age unless the minor appears at the hearing.

SB391, s. 346 Section 346. 880.08 (3) (am) 4. of the statutes is renumbered 54.38 (3) (d) and amended to read:

SB391,183,4 54.38 (3) (d) Any other person, agency, institution, welfare department or other entity having that has the legal or actual physical custody of the minor.

SB391, s. 347 Section 347. 880.08 (3) (e) of the statutes is repealed.

SB391, s. 348 Section 348. 880.08 (4) of the statutes is renumbered 54.38 (4) and amended to read:

SB391,183,10 54.38 (4) Rehearings. Notice of a rehearing to determine if a ward is a proper subject to continue under guardianship shall be given as required for the appointment of a guardian under subs. (1), (2), and (3).

SB391, s. 349 Section 349. 880.09 (intro.) of the statutes is renumbered 54.15 (intro.) and amended to read:

SB391,183,18 54.15 Nomination; selection of guardians Selection of guardian; nominations; preferences; other criteria. (intro.) The court shall do one of the following and shall consider all of the following nominations made by any interested person and, in its discretion, shall appoint a proper guardian, having due regard for the following, applicable preferences, and criteria in determining who is appointed as guardian:

SB391, s. 350 Section 350. 880.09 (1) (title) of the statutes is repealed.

SB391, s. 351 Section 351. 880.09 (1) of the statutes is renumbered 54.15 (4) (b) and amended to read:

SB391,183,25 54.15 (4) (b) A minor over who is 14 years or older may in writing in circuit court nominate his or her own guardian, but if the minor is in the armed service, is without outside of the state, or if other good reason exists, the court may dispense with the minor's right of nomination.

SB391, s. 352 Section 352. 880.09 (2) of the statutes is renumbered 54.15 (5) and amended to read:

SB391,184,10 54.15 (5) Preference Parent of a proposed ward. If one or both of the parents of a minor, a developmentally disabled person or a person with other like incapacity or an individual with developmental disability or with serious and persistent mental illness are suitable and willing, the court shall appoint one or both of them as guardian unless the proposed ward objects court finds that the appointment is not in the proposed ward,s best interest. The court shall appoint a corporate guardian under s. 880.35 only if no suitable individual guardian is available consider a proposed ward's objection to the appointment of his or her parent.

SB391, s. 353 Section 353. 880.09 (3) (title) of the statutes is repealed.

SB391, s. 354 Section 354. 880.09 (3) of the statutes is renumbered 54.15 (4) (c) and amended to read:

SB391,184,15 54.15 (4) (c) If neither parent of a minor who is 14 years or older is suitable and willing to be appointed guardian, the court may appoint the nominee of a the minor.

SB391, s. 355 Section 355. 880.09 (4) of the statutes is repealed.

SB391, s. 356 Section 356. 880.09 (5) of the statutes is repealed.

SB391, s. 357 Section 357. 880.09 (6) of the statutes is renumbered 54.15 (6) and amended to read:

SB391,185,4 54.15 (6) Testamentary guardianship of certain persons nomination by proposed ward's parents. Subject to the rights of a surviving parent, a parent may by will nominate a guardian and successor guardian of the person or estate of for any of his or her minor children who are is in need of guardianship, unless the court finds that appointment of the guardian or successor guardian is not i the minor's best interests. For a person over the age of an individual who is aged 18 or older and is found to be in need of guardianship under s. 880.33 by reason of a developmental disability or other like incapacity serious and persistent mental illness, a parent may by will nominate a testamentary guardian. The parent may waive the requirement of a bond for such an estate that is derived through a will.

SB391, s. 358 Section 358. 880.09 (7) (title) of the statutes is repealed.

SB391, s. 359 Section 359. 880.09 (7) of the statutes is renumbered 54.15 (4) (a) and amended to read:

SB391,185,18 54.15 (4) (a) Any person individual other than a minor aged 14 years or younger may, at such time as if the person has sufficient capacity individual does not have incapacity to such an extent that he or she is unable to form an intelligent a reasonable and informed preference, execute a written instrument, in the same manner as the execution of a will under s. 853.03, nominating a person another to be appointed as guardian of his or her person or property estate or both in the event that if a guardian is in the future appointed . Such nominee shall be appointed as guardian by the for the individual. The court shall appoint this nominee as guardian unless the court finds that the appointment of such nominee is not in the best interests of the person for whom, or for whose property, the guardian is to be appointed proposed ward.

SB391, s. 360 Section 360. 880.10 of the statutes is renumbered 54.38 (5) and amended to read:

SB391,186,2 54.38 (5) Notice of appointment of guardian of a minor ward. If for any reason the court fails to appoint as guardian the nominee of the minor, the guardian who qualifies shall give notice of the guardian's appointment to the minor by certified mail addressed to the minor's last-known post-office address and shall file an affidavit of such the mailing shall be filed with the court within 10 days after the issuance of letters notice is given.

SB391, s. 361 Section 361. 880.12 of the statutes is repealed.

SB391, s. 362 Section 362. 880.125 of the statutes is repealed.

SB391, s. 363 Section 363. 880.13 (title) of the statutes is renumbered 54.46 (5) (title).

SB391, s. 364 Section 364. 880.13 (1) of the statutes is renumbered 54.46 (4) (a) and amended to read:

SB391,186,13 54.46 (4) (a) Form Amount and sufficiency of bond. Upon the appointment of a guardian of the estate of a ward, except as provided under s. 880.60 (9), the court may require a bond given in accordance with ch. 878 and s. 895.345 The order under sub. (2) shall specify the amount of any bond required to be given by the guardian of the estate, conditioned upon the faithful performance of the duties of the guardian of the estate. No bond may be required for the guardian of the person.

SB391, s. 365 Section 365. 880.13 (2) (title) of the statutes is renumbered 54.46 (4) (b) (title).

SB391, s. 366 Section 366. 880.13 (2) (a) of the statutes is renumbered 54.46 (4) (b) (intro.) and amended to read:

SB391,186,18 54.46 (4) (b) (intro.) Unless required under s. 880.60 54.852 (9), the court may waive the requirement of a bond at under any of the following circumstances:

SB391,186,19 1. At any time in its discretion or if.

SB391,186,20 2. If so requested in a will wherein in which a nomination appears.

SB391, s. 367 Section 367. 880.13 (2) (b) of the statutes is renumbered 54.46 (4) (b) 3. and amended to read:

SB391,187,3 54.46 (4) (b) 3. Whenever If a guardian has or will have possession of funds of the ward with a total value of $40,000 $100,000 or less, and the court may direct directs deposit of the funds in an insured account of a bank, credit union, savings bank, or savings and loan association in the name of the guardian and the ward and payable only upon further order of the court. In such event the court may waive the requirement of a bond.

SB391, s. 368 Section 368. 880.13 (3) of the statutes is repealed.

SB391, s. 369 Section 369. 880.14 of the statutes is renumbered 54.46 (5) and amended to read:

SB391,187,12 54.46 (5) When letters to be issued Letters of guardianship.. When If a guardian of the estate has given bond as , if required, and the bond has been approved by the judge court, letters under the seal of the court shall be issued to the guardian of the estate. If a court determination and order appointing a guardian of the person is entered, letters under the seal of the court shall be issued to the guardian of the person.

SB391, s. 370 Section 370. 880.15 (title) of the statutes is repealed.

SB391, s. 371 Section 371. 880.15 (1) of the statutes is renumbered 54.50 (2) and amended to read:

SB391,188,13 54.50 (2) Appointment Duration and extent of authority. If, after consideration of a petition for temporary guardianship, the court finds that the welfare of a minor, spendthrift or an alleged incompetent requires the immediate appointment of a guardian of the person or of the estate, or of both, it The court may appoint a temporary guardian for a ward for a period not to exceed 60 days unless further extended for 60 days by order of the court. The court may extend the period only once, except that the court may extend this period for good cause shown for one additional 60-day period. The court may impose no further temporary guardianship on the ward for at least 90 days after the expiration of the temporary guardianship and any extension. The court's determination and order appointing the temporary guardian shall specify the authority of the temporary guardian and shall be limited to those acts that are reasonably related to the reasons for appointment that are specified in the petition for temporary guardianship. The authority of the temporary guardian shall be is limited to the performance of duties respecting specific property, or to the performance of particular those acts, as stated in the order of appointment. All provisions of the statutes concerning the powers and duties of guardians shall apply to temporary guardians except as limited by the order of appointment. The temporary guardian shall make the reports the court directs and shall account to the court upon termination of authority. The court assigned to exercise jurisdiction under chs. 48 and 938 has exclusive jurisdiction over the appointment of a temporary guardian of a minor for medical purposes but shall proceed in accordance with this section Unless the court first specifically approves and orders bond, the temporary guardian may not sell real estate or expend an amount in excess of $2,000.

SB391, s. 372 Section 372. 880.15 (1m) of the statutes is repealed.

SB391, s. 373 Section 373. 880.15 (1s) of the statutes is renumbered 54.38 (6) and amended to read:

SB391,189,5 54.38 (6) Notice of petition and hearing for temporary guardianship. The person petitioning petitioner for appointment of a temporary guardian shall cause give notice to be given under s. 880.08 of that the petition to the minor, spendthrift or alleged incompetent and, if the appointment is made, shall give notice of the appointment to the ward. The time limits of s. 880.08 do not apply to notice given under this subsection proposed ward. The notice shall be served before or at the time the petition is filed or as soon thereafter as possible and shall include notice of the right to counsel and of the right to petition for reconsideration or modification of the temporary guardianship at any time under s. 880.34 within 30 days of receipt of the notice 54.50 (3) (d) The petitioner shall serve notice of the order for hearing on the proposed ward before the hearing or not later than 3 calendar days after the hearing. If the petitioner serves notice after the hearing is conducted and the court has entered an order, the petitioner shall include the court's order with the notice of the order for hearing.

SB391, s. 374 Section 374. 880.15 (2) of the statutes is repealed.

SB391, s. 375 Section 375. 880.15 (3) of the statutes is renumbered 54.50 (4) and amended to read:

SB391,189,23 54.50 (4) (d) Cessation of powers. If the temporary guardianship is not sooner terminated the The duties and powers of the temporary guardian shall cease upon the issuing of letters of permanent guardianship to the guardian of the ward, or, if the ward is a minor, upon his becoming of age, or when it shall be judicially determined, the expiration of the time period specified in sub. (2), or if the court sooner determines that any other disability of the temporary ward which situation of the ward that was the cause of the temporary guardianship has terminated. Upon the termination of the temporary guardian's duties and powers, a temporary guardian of the person shall file with the court any report that the court requires. A temporary guardian of the estate shall, upon the termination of duties and powers, account to the court and deliver to the person or persons entitled to them all the estate of the ward in his or her hands the ward's estate over which the temporary guardian of the estate has had control. Any action which that has been commenced by the temporary guardian may be prosecuted to final judgment by the successor or successors in interest, if any.

SB391, s. 376 Section 376. 880.155 of the statutes is renumbered 54.56 and amended to read:

SB391,190,3 54.56 Visitation by a minor's grandparents and stepparents. (1) In this section, "stepparent" means the surviving spouse of a deceased parent of a minor child, whether or not the surviving spouse has remarried.

SB391,190,14 (2) If one or both parents of a minor child are deceased and the child minor is in the custody of the surviving parent or any other person, a grandparent or stepparent of the child minor may petition for visitation privileges with respect to the child minor, whether or not the person with custody is married. The grandparent or stepparent may file the petition in a guardianship or temporary guardianship proceeding under this chapter that affects the minor child or may file the petition to commence an independent action under this chapter. Except as provided in sub. (3m), the court may grant reasonable visitation privileges to the grandparent or stepparent if the surviving parent or other person who has custody of the child minor has notice of the hearing and if the court determines that visitation is in the best interest of the child minor.

SB391,190,16 (3) Whenever possible, in making a determination under sub. (2), the court shall consider the wishes of the child minor.

SB391,190,21 (3m) (a) Except as provided in par. (b), the court may not grant visitation privileges to a grandparent or stepparent under this section if the grandparent or stepparent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child minor, and the conviction has not been reversed, set aside or vacated.

SB391,190,24 (b) Paragraph (a) does not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child minor. The court shall consider the wishes of the child minor in making the determination.

SB391,191,3 (4) The court may issue any necessary order to enforce a visitation order that is granted under this section, and may from time to time modify such the visitation privileges or enforcement order upon a showing of for good cause shown.

SB391,191,11 (4m) (a) If a grandparent or stepparent granted visitation privileges with respect to a child minor under this section is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child minor, and the conviction has not been reversed, set aside or vacated, the court shall modify the visitation order by denying visitation with the child minor upon petition, motion or order to show cause by a person having custody of the child minor, or upon the court's own motion, and upon notice to the grandparent or stepparent granted visitation privileges.

SB391,191,14 (b) Paragraph (a) does not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child minor. The court shall consider the wishes of the child minor in making the determination.

SB391,191,16 (5) This section applies to every minor child in this state whose parent or parents are deceased, regardless of the date of death of the parent or parents.

SB391, s. 377 Section 377. 880.157 (title) of the statutes is renumbered 54.57 (title).

SB391, s. 378 Section 378. 880.157 (1) of the statutes is renumbered 54.57 (1) and amended to read:

SB391,191,25 54.57 (1) Except as provided in sub. (2), in an action under this chapter that affects a minor child, a court may not grant to a parent of the child minor visitation or physical placement rights with the child minor if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's minor's other parent, and the conviction has not been reversed, set aside or vacated.

SB391, s. 379 Section 379. 880.157 (2) of the statutes is renumbered 54.57 (2) and amended to read:

SB391,192,6 54.57 (2) Subsection (1) does not apply if the court determines by clear and convincing evidence that visitation or periods of physical placement would be in the best interests of the child minor. The court shall consider the wishes of the child minor in making the determination.

SB391, s. 380 Section 380. 880.16 of the statutes is repealed.

SB391, s. 381 Section 381. 880.17 of the statutes is renumbered 54.54 and amended to read:

SB391,192,16 54.54 Successor guardian. (1) Appointment. When If a guardian dies, is removed by order of the court, or resigns and the resignation is accepted by the court, the court, on its own motion or upon petition of any interested person, may appoint a competent and suitable person as successor guardian. The court may, upon request of any interested person or on its own motion, direct that a petition for appointment of a successor guardian be heard in the same manner and subject to the same requirements as provided under this chapter for an original appointment of a guardian.

SB391,192,21 (2) Notice. If the appointment under sub. (1) is made without hearing, the successor guardian shall provide notice to the ward and all interested persons of the appointment, the right to counsel, and the right to petition for reconsideration of the successor guardian. The notice shall be served personally or by mail not later than 10 days after the appointment.

SB391, s. 382 Section 382. 880.173 (title) of the statutes is repealed.

SB391, s. 383 Section 383. 880.173 (1) of the statutes is renumbered 54.20 (2) (h) and amended to read:

SB391,193,11 54.20 (2) (h) A guardian of the estate If appointed under this chapter for a married person may ward, exercise with the approval of the court, except as limited under s. 880.37, any management and control right over the marital property or property other than marital property and any right in the business affairs which that the married person ward could exercise under ch. 766 if the person were not determined under s. 880.12 to be a proper subject for guardianship. Under this section, a guardian may ward were not an individual found incompetent, consent to act together in or join in any transaction for which consent or joinder of both spouses is required, or may execute under s. 766.58 a marital property agreement with the other ward's spouse or, if appointed for a ward who intends to marry, with the ward's intended spouse, but may not make, amend or revoke a will.

SB391, s. 384 Section 384. 880.173 (2) of the statutes is repealed.

SB391, s. 385 Section 385. 880.175 (title) of the statutes is repealed.

SB391, s. 386 Section 386. 880.175 of the statutes is renumbered 54.20 (2) (b) and amended to read:

SB391,194,2 54.20 (2) (b) Upon petition by the guardian, a parent, the spouse, any issue or next of kin of any person, assets of the person may, in the discretion of the court and upon its order, after such notice as the court may require, be transferred Transfer assets of the ward to the trustee or trustees of an any existing revocable living trust created by the person for the benefit of that the ward has created for himself or herself and those dependent upon the person for support any dependents, or, if the ward is a minor, to the trustee or trustees of a any trust created for the exclusive benefit of the person, if a minor, which ward that distributes to him or her at age 18 or 21, or, if the ward dies before age 18 or 21, to his or her estate, or as he or she appoints if he or she dies prior to age 18 or 21 the ward has appointed by a written instrument that is executed after the ward attains age 14.

SB391, s. 387 Section 387. 880.18 (title) of the statutes is renumbered 54.60 (title).