SB391,208,22
14(a) Terminate the guardianship and
authorize order disposition of the
15remaining assets as provided by s.
880.04 (2) 54.12 (1). The court, as a part of the
16disposition, may order
a suitable amount paid to the county treasurer under order
17of the court or reserved in the guardianship to assure the ward a decent burial, a
18marker and care for the grave. In the case of an insolvent guardianship, the court
19may order an amount not exceeding $400 reserved in the guardianship or paid to the
20county treasurer under order of the court to assure the ward a decent burial the
21guardian to make appropriate financial arrangements for the burial or other
22disposition of the remains of the ward.
SB391, s. 450
23Section
450. 880.27 of the statutes is renumbered 54.66 (1) and amended to
24read:
SB391,209,12
154.66
(1) Settlement of accounts Render final account. Upon termination
2of If a court terminates a guardianship, or
upon resignation, removal or death of a
3guardian
, such resigns, is removed, or dies, the guardian or the guardian's personal
4representative
or special administrator shall
forthwith promptly render
the
5guardian's a final account to the court and to the
ward or former ward, the successor
6guardian
, or the deceased ward's personal representative
as the case may be. Upon
7approval of the account and filing proper receipts the guardian shall be discharged
8and the guardian's bond released or special administrator, as appropriate. If the
9ward dies and the guardian and the deceased ward's personal representative or
10special administrator are the same person, the deceased ward's personal
11representative or special administrator shall give notice of the termination and
12rendering of the final account to all interested persons of the ward's estate.
SB391, s. 451
13Section
451. 880.28 of the statutes is renumbered 54.66 (4) and amended to
14read:
SB391,209,1815
54.66
(4) Summary settlement of small estates. When If a ward dies leaving
16an estate
which that can be settled summarily under s. 867.01, the court may
17approve
such the settlement and distribution by the guardian
, under the procedures
18of s. 867.01 without
the necessity of appointing a personal representative.
SB391, s. 452
19Section
452. 880.29 of the statutes is renumbered 54.64 (6) and amended to
20read:
SB391,210,821
54.64
(6) Delivery of property to foreign guardian in another state. When
22property of a nonresident ward is in the possession of or due from a guardian or
23personal representative appointed in this state, the appointing court may order
such 24the property delivered to the
foreign guardian
upon filing appointed in the state of
25the nonresident ward after a verified petition, accompanied by a copy of
his or her
1the nonresident guardian's appointment and bond, authenticated so as to be
2admissible in evidence,
is filed with the court and
upon after 10 days' notice
is
3provided to the resident guardian or personal representative.
Such The petition
4shall be denied if granting it
shall appear appears to be against the interests of the
5ward.
The Any receipt
of obtained from the
foreign nonresident guardian for the
6property so delivered shall be taken and filed with the other papers in the proceeding,
7and a certified copy
thereof of the receipt shall be sent to the court
which that 8appointed
such the nonresident guardian.
SB391, s. 454
10Section
454. 880.31 (title) of the statutes is repealed.
SB391, s. 455
11Section
455. 880.31 (1) and (7) of the statutes are consolidated, renumbered
1254.76 (1) and amended to read:
SB391,210,2213
54.76
(1) Any adult resident who
is unwilling or believes that he or she is
14unable properly to manage his or her
property assets or income may voluntarily
15apply to the circuit court of the county of his or her residence for appointment of a
16conservator of the estate. Upon receipt of the application
, the court shall fix a time
17and place for hearing the application and
may direct to whom
, including presumptive
18heirs, and in what manner notice of the hearing shall be given
. (7) If an application
19for conservatorship is filed, the to a potential recipient of the notice, unless the
20potential recipient has waived receipt. The fee prescribed in s. 814.66 (1) (b) shall
21be paid at the time of the filing of the inventory or other documents setting forth the
22value of the
estate assets and income.
SB391, s. 456
23Section
456. 880.31 (2) of the statutes is renumbered 54.76 (2) and amended
24to read:
SB391,211,7
154.76
(2) At the
time of such hearing
for appointment of a conservator, the
2applicant shall be personally examined
by the court and if the court is satisfied that
3the applicant desires a conservator and that the fiduciary nominated
is and any
4proposed standby conservator are suitable, the court may appoint the nominee as
5conservator
and, if applicable, designate the proposed standby conservator as
6standby conservator and issue letters of conservatorship to the nominee
upon the
7filing of after he or she files a bond in the amount fixed by the court.
SB391, s. 457
8Section
457. 880.31 (3) of the statutes is renumbered 54.76 (3) and amended
9to read:
SB391,211,1510
54.76
(3) A Except as provided in sub. (3g), a conservator
shall have
has all
11the powers and duties of a guardian of the
property of an incompetent person. The
12conservator's powers shall cease upon being removed by the court or upon death of
13the person whose estate is being conserved estate. An individual whose income and
14assets are under conservatorship may make gifts of his or her income and assets,
15subject to approval of the conservator.
SB391, s. 458
16Section
458. 880.31 (4) and (5) of the statutes are consolidated, renumbered
1754.76 (4) and amended to read:
SB391,212,1118
54.76
(4) Any person
, including an individual whose
estate is income and assets
19are under conservatorship
, may apply to the court at any time for termination
20thereof of the conservatorship. Upon
such receipt of the application, the court shall
21fix a time and place for hearing and
may direct that 10 days' notice by mail be given
22to the
person's individual's guardian
, if any, of the person or agent under a power of
23attorney for health care, the conservator
, any standby conservator, and the
24presumptive
adult heirs of the
applicant. Upon such individual whose income and
25assets are under conservatorship. A potential recipient of the notice may waive its
1receipt. At the hearing, the court shall, unless it is clearly shown that the
applicant 2individual whose income and assets are under conservatorship is incompetent,
3remove the conservator and order the
property income and assets restored to the
4applicant, or if the applicant so desires and the nominee is suitable, the court may
5appoint a successor conservator. (5) individual. If
, however, the court
shall upon
6such hearing determine determines at the hearing that the
person individual whose
7estate is income and assets are administered by a conservator
may be is incapable
8of handling his or her
estate income and assets, the court shall order the
9conservatorship continued, or
, if the applicant so desires and
the a nominee is
10suitable,
the court may appoint a successor conservator.
A conservatorship may only
11be terminated under a hearing under this subsection.
SB391, s. 459
12Section
459. 880.31 (6) of the statutes is renumbered 54.76 (5) and amended
13to read:
SB391,212,1614
54.76
(5) Appointment of a conservator
shall not be does not constitute 15evidence of the competency or incompetency of the
person individual whose
estate
16is income and assets are being administered.
SB391, s. 460
17Section
460. 880.32 of the statutes is renumbered 45.55 and amended to read:
SB391,213,8
1845.55 Notes and mortgages of minor veterans. Notwithstanding any
19provision of this chapter or any other law to the contrary, any minor who served in
20the active armed forces of the United States at any time after August 27,
1940, and
21the husband or wife of such
a minor may execute
, in his or her own right, notes or
22mortgages,
as defined in s. 851.15, the payment of which is guaranteed or insured
23by the U.S. department of veterans affairs or the federal housing administrator
24under the servicemen's readjustment act of 1944
or, the national housing act
, or any
25acts
supplementary thereto or amendatory thereof
supplementing or amending
1these acts. In connection with
such
these transactions,
such the minors may sell,
2release or convey
such the mortgaged property and litigate or settle controversies
3arising therefrom, including the execution of releases, deeds
, and other necessary
4papers or instruments.
Such The notes, mortgages, releases, deeds and other
5necessary papers or instruments when so executed
shall
are not
be subject to
6avoidance by
such the minor or the husband or wife of
such the minor upon either
7or both of them attaining the age of 18 because of the minority of either or both of
8them at the time of the execution thereof.
SB391, s. 461
9Section
461. 880.33 (title) of the statutes is repealed.
SB391, s. 462
10Section
462. 880.33 (1) of the statutes is renumbered 54.36 (1) and amended
11to read:
SB391,214,14
1254.36 Examination of proposed ward.
(1) Whenever it is proposed to
13appoint a guardian on the ground of
a proposed ward's alleged incompetency, a
14licensed physician or
licensed psychologist, or both, shall
examine the proposed ward
15and furnish a written
statement concerning the mental condition report stating the
16physician's or psychologist's professional opinion regarding the presence and likely
17duration of any medical or other condition causing incapacity of the proposed ward
,
18based upon examination. The privilege under s. 905.04
shall does not apply to
this 19the statement.
A The petitioner shall provide a copy of the
statement shall be
20provided report to the proposed ward
, or his or her counsel, the guardian ad litem
, 21and
the petitioner's attorney
, if any. Prior to the examination
, under this subsection,
22of a person alleged to be not competent to refuse psychotropic medication under s.
23880.07 (1m), the person shall be informed that his or her on which the report is based,
24the guardian ad litem, physician, or psychologist shall inform the proposed ward that 25statements
made by the proposed ward may be used as a basis for a finding of
1incompetency
and an order for protective services, including psychotropic
2medication. The person shall also be informed, that he or she has a right to
remain
3silent refuse to participate in the examination, absent a court order, or speak to the
4physician or psychologist and that the
examiner
physician or psychologist is
5required to report to the court even if the
person remains silent proposed ward does
6not speak to the physician or psychologist. The issuance of such a warning to the
7person proposed ward prior to each examination establishes a presumption that the
8person proposed ward understands that he or she need not speak to the
examiner. 9physician or psychologist. Nothing in this section prohibits the use of a report by a
10physician or psychologist that is based on an examination of the proposed ward by
11the physician or psychologist before filing the petition for appointment of a guardian,
12but the court will consider the recency of the report in determining whether the
13report sufficiently describes the proposed ward's current state and in determining
14the weight to be given to the report.
SB391, s. 463
15Section
463. 880.33 (2) (a) 1. of the statutes is renumbered 54.42 (1) (a) (intro.)
16and amended to read:
SB391,215,1117
54.42
(1) (a) (intro.) The proposed ward
or ward has the right to counsel
18whether or not present at the hearing on determination of competency. The court
19shall in all cases require the appointment of an attorney as guardian ad litem in
20accordance with s. 757.48 (1) and shall in addition require representation by full
21legal counsel whenever the petition contains the allegations under s. 880.07 (1m) or
22if, at least 72 hours before the hearing, the alleged incompetent requests; the
23guardian ad litem or any other person states that the alleged incompetent is opposed
24to the guardianship petition; or the court determines that the interests of justice
25require it. The proposed ward has the right to a trial by a jury if demanded by the
1proposed ward, attorney or guardian ad litem, except that if the petition contains the
2allegations under s. 880.07 (1m) and if notice of the time set for the hearing has
3previously been provided to the proposed ward and his or her counsel, a jury trial is
4deemed waived unless demanded at least 48 hours prior to the time set for the
5hearing. The number of jurors shall be determined under s. 756.06 (2) (b). The
6proposed ward, attorney or guardian ad litem shall have the right to present and
7cross-examine witnesses, including the physician or psychologist reporting to the
8court under sub. (1). The attorney or guardian ad litem for the proposed ward shall
9be provided with a copy of the report of the physician or psychologist at least 96 hours
10in advance of the hearing. Any final decision of the court is subject to the right of
11appeal. if any of the following occurs:
SB391, s. 464
12Section
464. 880.33 (2) (a) 2. of the statutes is renumbered 54.42 (1) (c) and
13amended to read:
SB391,215,1914
54.42
(1) (c) If
the person requests but is par. (a) 1., 2., or 3. applies but the
15proposed ward or ward is unable to obtain legal counsel, the court shall appoint legal
16counsel.
If the person is represented by counsel appointed under s. 977.08 in a
17proceeding for a protective placement under s. 55.06 or for the appointment of a
18guardian under s. 880.07 (1m), the court shall order the counsel appointed under s.
19977.08 to represent the person.
SB391, s. 465
20Section
465. 880.33 (2) (a) 3. of the statutes is renumbered 54.46 (3) (b) and
21amended to read:
SB391,216,322
54.46
(3) (b)
Guardian ad litem and defense fees for indigents; liability. If the
23person proposed ward is
an adult who is indigent, the county
of legal settlement shall
24be in which venue lies for the guardianship proceeding is the county liable for any
25fees due the guardian ad litem and, if counsel was not appointed under s. 977.08, for
1any legal fees due the
person's proposed ward's legal counsel.
If the person is a minor,
2the person's parents or the county of legal settlement shall be liable for any fees due
3the guardian ad litem as provided in s. 48.235 (8).
SB391, s. 466
4Section
466. 880.33 (2) (b) of the statutes is renumbered 54.42 (3) and
5amended to read:
SB391,216,126
54.42
(3) Right to independent examination. If requested by the proposed
7ward
, ward, or anyone on the proposed ward's
or ward's behalf, the proposed ward
8or ward has the right at his or her own expense, or if indigent at the expense of the
9county where the petition is
filed heard on the merits, to secure an independent
10medical or psychological examination relevant to the issue involved in any hearing
11under this chapter, and to present a report of this independent evaluation or the
12evaluator's personal testimony as evidence at the hearing.
SB391, s. 467
13Section
467. 880.33 (2) (d) of the statutes is repealed.
SB391, s. 468
14Section
468. 880.33 (2) (e) of the statutes is renumbered 54.44 (5) and
15amended to read:
SB391,216,2016
54.44
(5) Privacy of hearing. Every hearing
on a petition under s. 880.07 (1m) 17under this chapter shall be
open
closed, unless the proposed ward or his or her
18attorney acting with the proposed ward's consent moves that it be
closed open. If the
19hearing is closed, only
persons in interest, including representatives of providers of
20service and interested persons, their attorneys
, and witnesses
, may be present.
SB391, s. 469
21Section
469. 880.33 (3) of the statutes is repealed.
SB391, s. 470
22Section
470. 880.33 (4) of the statutes is repealed.
SB391, s. 471
23Section
471. 880.33 (4m) and (4r) of the statutes are repealed.
SB391, s. 472
24Section
472. 880.33 (5) of the statutes is renumbered 54.15 (1) and amended
25to read:
SB391,217,11
154.15
(1) Opinions of proposed ward and family. In appointing a guardian, the 2The court shall take into consideration the opinions of the
alleged incompetent 3proposed ward and of the members of
the his or her family as to what is in the best
4interests of the proposed
incompetent ward. However, the best interests of the
5proposed
incompetent ward shall control in making the determination when the
6opinions of the family are in conflict with
the clearly appropriate decision those best
7interests. The court shall also consider potential conflicts of interest resulting from
8the prospective guardian's employment or other potential conflicts of interest.
If the
9proposed incompetent has executed a power of attorney for health care under ch. 155,
10the court shall give consideration to the appointment of the health care agent for the
11individual as the individual's guardian.
SB391, s. 473
12Section
473. 880.33 (5m) of the statutes is renumbered 54.15 (9) and amended
13to read:
SB391,217,2514
54.15
(9) Limitation on number of wards of guardian. No
person, except a
15nonprofit corporation approved by the department of health and family services
16under s. 880.35, who has individual may have guardianship of the person of
more
17than 5
or more adult wards
who are unrelated to the
person may accept appointment 18individual, except that a court may, under circumstances that the court determines
19are appropriate, waive this limitation to authorize appointment of the individual as
20guardian of the person of
another adult ward unrelated to the person, unless
21approved by the department. No such person may accept appointment as guardian
22of more than 10 such additional adult wards
who are unrelated to the
person 23individual. A corporation or association that is approved by the department under
24sub. (7) is not limited in the number of adult wards for which the corporation or
25association may accept appointment by a court as guardian.
SB391, s. 474
1Section
474. 880.33 (6) of the statutes is renumbered 54.75 and amended to
2read:
SB391,218,6
354.75 Access to court records. All court records pertinent to the finding of
4incompetency are closed but subject to access as provided in s.
55.06 (17) 51.30 (5).
5The fact that a person has been found incompetent is accessible to any person who
6demonstrates to the custodian of the records a need for that information.
SB391, s. 475
7Section
475. 880.33 (7) of the statutes is renumbered 54.48 and amended to
8read:
SB391,218,13
954.48 Protective placement and protective services. A finding of
10incompetency and appointment of a guardian under this
subchapter chapter is not
11grounds for involuntary protective placement
. Such
or the provision of protective
12services. Protective placement
and the provision of protective services may be made
13only in accordance with
s. 55.06 ch. 55.
SB391, s. 476
14Section
476. 880.33 (8) (intro.) of the statutes is repealed.
SB391, s. 477
15Section
477. 880.33 (8) (a) of the statutes is repealed.
SB391, s. 478
16Section
478. 880.33 (8) (b) of the statutes is renumbered 54.46 (2) (b) and
17amended to read:
SB391,219,418
54.46
(2) (b)
Power of attorney for health care. If the
proposed incompetent has 19ward executed a power of attorney for health care under ch. 155
, find that before a
20finding of incompetency and appointment of a guardian is made for the ward under
21this chapter, the power of attorney for health care
instrument should remain remains 22in effect
. If the court so finds, the court shall so order and shall, except that the court
23may, only for good cause shown, revoke the power of attorney for health care or limit
24the
power of the guardian to make those health care decisions for the ward that are
25not to be made by the health care authority of the agent under the terms of the power
1of attorney for health care instrument
. Unless the court makes this revocation or
2limitation, the ward's guardian may not make health care decisions for the ward that
3may be made by the health care agent, unless the guardian is the health care agent
4under those terms.
SB391, s. 479
5Section
479. 880.33 (9) of the statutes is renumbered 54.25 (2) (c) 1. g. and
6amended to read:
SB391,220,27
54.25
(2) (c) 1. g.
All the rights and privileges afforded a proposed incompetent
8under this section shall be given to any person who is alleged to be ineligible to
9register to vote or to vote in an election by reason that such person is incapable of
10understanding the objective of the elective process. The determination of the court
11shall be limited to a finding that the elector is either eligible or ineligible The right 12to register to vote or to vote in an election
by reason that the person is or is not
13capable, if the court finds that the individual is incapable of understanding the
14objective of the elective process.
Also, in accordance with s. 6.03 (3), any elector of
15a municipality may petition the circuit court for a determination that an individual
16residing in the municipality is incapable of understanding the objective of the
17elective process and thereby ineligible to register to vote or to vote in an election. This
18determination shall be made by the court in accordance with the procedures specified
19in this paragraph. If a petition is filed under this subd. 1. g., the finding of the court
20shall be limited to a determination as to voting eligibility. The appointment of a
21guardian is not required for an individual whose sole limitation is ineligibility to
22vote. The determination of the court shall be communicated in writing by the clerk
23of court to the election official or agency charged under s. 6.48, 6.92, 6.925
, or 6.93
24with the responsibility for determining challenges to registration and voting
which 25that may be directed against that elector. The determination may be reviewed as
1provided in s.
880.34 (4) and (5) 54.64 (2) and any subsequent determination of the
2court shall be likewise communicated by the clerk of court.
SB391, s. 480
3Section
480. 880.331 (title) of the statutes is renumbered 54.40 (title) and
4amended to read:
SB391,220,6
554.40 (title)
Guardian ad litem in incompetency cases; appointment;
6duties; termination.
SB391, s. 481
7Section
481. 880.331 (1) of the statutes is renumbered 54.40 (1) and amended
8to read:
SB391,220,199
54.40
(1) Appointment. The court shall appoint a guardian ad litem
whenever
10it is proposed that the court appoint a guardian on the ground of incompetency under
11s. 880.33, when a petition for appointment of a guardian is brought under s. 54.34,
12to review the scope of a guardianship, to protectively place a person or order
13protective services under s. 55.06,
to review any protective placement or protective
14service order under s. 55.06
or, to terminate a protective placement under s. 55.06
,
15to expand an order of guardianship under s. 54.63, to review incompetency and
16terminate a guardianship under s. 54.64, to review the conduct of a guardian under
17s. 54.68, to expand an order of guardianship under s. 54.3, to review incompetency
18and terminate a guardianship under s. 54.64, to review the conduct of a guardian
19under s. 54.68, or at any other time that the court determines it is necessary.
SB391, s. 482
20Section
482. 880.331 (2) of the statutes is renumbered 54.40 (2) and amended
21to read:
SB391,221,222
54.40
(2) Qualifications. The guardian ad litem shall be an attorney admitted
23to practice in this state
and in compliance with SCR chapter 36. No
person one who
24is an interested
party person in a proceeding, appears as counsel in a proceeding on
25behalf of any party
, or is a relative or representative of an interested
party person
1may be appointed guardian ad litem in that proceeding
or in any other proceeding
2that involves the same proposed ward or ward.
SB391, s. 483
3Section
483. 880.331 (3) of the statutes is renumbered 54.40 (3) and amended
4to read:
SB391,221,125
54.40
(3) Responsibilities. The guardian ad litem shall be an advocate for the
6best interests of the proposed ward or
alleged incompetent ward as to guardianship,
7protective placement
, and protective services. The guardian ad litem shall function
8independently, in the same manner as an attorney for a party to the action, and shall
9consider, but
shall not be is not bound by, the wishes of the proposed ward or
alleged
10incompetent ward or the positions of others as to the best interests of the proposed
11ward or
alleged incompetent ward. The guardian ad litem has none of the rights or
12duties of a
general guardian.
SB391, s. 484
13Section
484. 880.331 (4) (intro.) of the statutes is renumbered 54.40 (4)
14(intro.).
SB391, s. 485
15Section
485. 880.331 (4) (a) of the statutes is renumbered 54.40 (4) (a) and
16amended to read:
SB391,221,1917
54.40
(4) (a) Interview the proposed ward or
alleged incompetent ward and
18explain the
contents of the petition, the applicable hearing procedure, the right to
19counsel
, and the right to request or continue a limited guardianship.
SB391, s. 486
20Section
486. 880.331 (4) (b) of the statutes is renumbered 54.40 (4) (b) and
21amended to read:
SB391,221,2522
54.40
(4) (b) Advise the proposed ward or
alleged incompetent ward, both orally
23and in writing, of that person's rights to
be present at the hearing, to a jury trial, to
24an appeal, to counsel
, and to an independent medical or psychological examination
25on the issue of competency, at county expense if the person is indigent.
SB391, s. 487
1Section
487. 880.331 (4) (c) of the statutes is renumbered 54.40 (4) (e) and
2amended to read:
SB391,222,43
54.40
(4) (e) Request that the court order additional medical, psychological
, or
4other evaluation, if necessary.
SB391, s. 488
5Section
488. 880.331 (4) (d) of the statutes is renumbered 54.40 (4) (f) and
6amended to read:
SB391,222,147
54.40
(4) (f) If applicable, inform the court
and petitioner's attorney or, if none,
8the petitioner that the proposed ward or
alleged incompetent ward objects to a
9finding of incompetency, the present or proposed placement
, or the recommendation
10of the guardian ad litem as to the proposed ward's or
alleged incompetent's ward's 11best interests or that the proposed ward's or
alleged incompetent's ward's position
12on these matters is ambiguous.
If the guardian ad litem recommends that the
13hearing be held in a place other than a courtroom, the guardian ad litem shall provide
14the information under this paragraph as soon as possible.
SB391, s. 489
15Section
489. 880.331 (4) (e) of the statutes is renumbered 54.40 (4) (i) and
16amended to read:
SB391,222,1817
54.40
(4) (i) Present evidence concerning the best interests of the proposed
18ward or
alleged incompetent ward, if necessary.
SB391, s. 490
19Section
490. 880.331 (4) (f) of the statutes is renumbered 54.40 (4) (j) and
20amended to read:
SB391,222,2221
54.40
(4) (j) Report to the court on any
other relevant matter that the court
22requests.
SB391, s. 491
23Section
491. 880.331 (5) (intro.) of the statutes is renumbered 55.195 (intro.)
24and amended to read:
SB391,223,4
155.195 Duties in of guardian ad litem for reviews. (intro.) In any review
2of a protective placement under s. 55.06 or of a protective
service services order under
3s. 55.05,
except as provided in s. 55.19 (2), the guardian ad litem shall do all of the
4following:
SB391, s. 492
5Section
492. 880.331 (5) (a) of the statutes is renumbered 55.195 (1) and
6amended to read:
SB391,223,87
55.195
(1) Interview the ward to explain the review procedure, the right to an
8independent evaluation, the right to counsel
, and the right to a hearing.
SB391, s. 493
9Section
493. 880.331 (5) (b) of the statutes is renumbered 55.195 (2) and
10amended to read:
SB391,223,1111
55.195
(2) Provide the information under
par. (a) sub. (1) to the ward in writing.
SB391, s. 494
12Section
494. 880.331 (5) (c) of the statutes is renumbered 55.195 (3) and
13amended to read:
SB391,223,1514
55.195
(3) Secure Request that the court order an additional
medical,
15psychological, or other evaluation of the ward, if necessary.
SB391, s. 495
16Section
495. 880.331 (5) (d) of the statutes is renumbered 55.195 (4).
SB391, s. 496
17Section
496. 880.331 (5) (e) of the statutes is renumbered 55.195 (5) and
18amended to read:
SB391,223,2019
55.195
(5) Review the ward's condition, placement
, and rights with the
20guardian.
SB391, s. 497
21Section
497. 880.331 (5) (f) of the statutes is renumbered 55.195 (6) and
22amended to read:
SB391,224,223
55.195
(6) If relevant, report to the court that the ward objects to the finding
24of continuing incompetency, the present or proposed placement, the position of the
1guardian
, or the recommendation of the guardian ad litem as to the best interests of
2the ward or if there is ambiguity about the ward's position on these matters.
SB391, s. 498
3Section
498. 880.331 (5) (g) of the statutes is renumbered 55.195 (8).
SB391, s. 499
4Section
499. 880.331 (6) of the statutes is renumbered 54.40 (5) and amended
5to read:
SB391,224,86
54.40
(5) Communication to a jury. In jury trials under
this chapter or ch. 55
7or 880, the court or guardian ad litem may tell the jury that the guardian ad litem
8represents the
best interests of the proposed ward or
alleged incompetent ward.