SB391: Bill Text

SB391,226,3 54.64 (1) Duration. Any guardianship of an individual found to be incompetent under this chapter shall continue during the life of the incompetent, or ward, until terminated by the court, or as provided under sub. (3) or (4). Upon reaching the age of majority, an incompetent subject to guardianship under this chapter shall be reviewed by the court for the purpose of determining whether the guardianship should be continued or modified. The court shall make a specific finding of any rights under s. 880.33 (3) which the individual is competent to exercise at the time.

SB391, s. 504 Section 504. 880.34 (2) of the statutes is renumbered 54.64 (2) (d) and amended to read:

SB391,226,8 54.64 (2) (d) The court shall review and may terminate the guardianship of the person of an individual found incompetent upon marriage to any person who is not subject to a guardianship.

SB391, s. 505 Section 505. 880.34 (3) of the statutes is repealed.

SB391, s. 506 Section 506. 880.34 (4) of the statutes is renumbered 54.64 (2) (a) (intro.) and amended to read:

SB391,226,19 54.64 (2) (a) (intro.) A ward who is 18 years of age or older, any interested person acting on the ward's behalf, or the ward's guardian may petition for a review of incompetency. Upon such, to have the guardian discharged and a new guardian appointed, or to have the guardianship limited and specific rights restored. The petition may be filed at any time after 180 days after any previous hearing under s. 54.44, or at any time if the court determines that exigent circumstances, including presentation of new evidence, require a review. If a petition for review is filed, the court shall conduct do all of the following:

SB391,226,24 4. Conduct a hearing at which the ward shall be is present and shall have has the right to a jury trial, if demanded. The ward shall also have the right to counsel and the court shall appoint counsel if the ward is unable to obtain counsel. If the ward is indigent, counsel shall be provided at the expense of the ward's county of legal settlement.

SB391, s. 507 Section 507. 880.34 (5) of the statutes is renumbered 54.64 (2) (c) and amended to read:

SB391,227,5 54.64 (2) (c) After a hearing under sub. (4) par. (a) or on its own motion, a court may terminate or modify a the guardianship of an incompetent, including restoring certain of the ward's rights.

SB391, s. 508 Section 508. 880.34 (6) of the statutes is repealed.

SB391, s. 509 Section 509. 880.35 of the statutes is renumbered 54.15 (7) and amended to read:

SB391,227,16 54.15 (7) Nonprofit corporation as guardian Private nonprofit corporation or other entity. A private nonprofit corporation organized under ch. 181, 187, or 188 is qualified to act or an unincorporated association that is approved by the court may be appointed as guardian of the person or of the property estate or both, of an individual found to be in need of guardianship under s. 880.33, if a proposed ward, if no suitable individual is available as guardian and the department of health and family services, under rules established promulgated under ch. 55 this chapter, finds the corporation or association to be a suitable agency to perform such duties.

SB391, s. 510 Section 510. 880.36 (title) of the statutes is renumbered 54.52 (title).

SB391, s. 511 Section 511. 880.36 (1) of the statutes is renumbered 54.52 (1) and amended to read:

SB391,228,4 54.52 (1) A person may at any time bring a petition for the appointment of a standby guardian of the person or property or both estate of a minor or person found incompetent under s. 880.08 to assume the duty and authority of guardianship on the death, incapacity or resignation of the initially appointed guardian may be brought under this chapter at any time. A an individual who is determined under s. 54.10 to be incompetent, a minor, or a spendthrift, except that, as specified in s. 48.97 a petition for the appointment of a standby guardian of the person or property or both of a minor to assume the duty and authority of guardianship on the incapacity, death, or debilitation and consent, of the minor's parent shall may be brought under s. 48.978.

SB391, s. 512 Section 512. 880.36 (2) of the statutes is renumbered 54.52 (2) and amended to read:

SB391,228,20 54.52 (2) At any hearing conducted under this section the court may designate one or more standby guardians of the person or property estate whose appointment shall become effective immediately upon the death, incapacity unwillingness, or inability to act, or resignation or court's removal of the initially appointed guardian or during a period, as determined by the initially appointed guardian, when the initially appointed guardian or the court is temporarily unable to fulfill his or her duties, including during an extended vacation or illness. The powers and duties of the standby guardian shall be the same as those of the initially appointed guardian. The standby guardian shall receive a copy of the court order establishing or modifying the initial guardianship, and the order designating the standby guardian. Upon assuming office, the standby guardian shall so notify the court. Upon notification, the court shall issue new letters of guardianship that specify that the standby guardianship is permanent or that specify the time period for a limited standby guardianship.

SB391, s. 513 Section 513. 880.37 of the statutes is repealed.

SB391, s. 514 Section 514. 880.38 (title) of the statutes is renumbered 54.25 (title) and amended to read:

SB391,228,25 54.25 (title) Guardian Duties and powers of guardian of the person of incompetent.

SB391, s. 515 Section 515. 880.38 (1) of the statutes is repealed.

SB391, s. 516 Section 516. 880.38 (2) of the statutes is renumbered 54.25 (1) (b) (intro.) and amended to read:

SB391,229,6 54.25 (1) (b) (intro.) A guardian of the person shall endeavor Endeavor to secure any necessary care, or services or appropriate protective placement on behalf of for the ward. that are in the ward's best interests, based on all of the following:

SB391, s. 517 Section 517. 880.38 (3) of the statutes is renumbered 54.25 (1) (a) and amended to read:

SB391,229,18 54.25 (1) (a) A guardian of the person of an incompetent appointed under s. 880.33 shall make Make an annual report on the condition of the ward to the court that ordered the guardianship and to the county department designated under s. 55.02. That county department shall develop reporting requirements for the guardian of the person. The report shall include, but not be limited to, the location of the ward, the health condition of the ward, any recommendations regarding the ward, and a statement of as to whether or not the ward is living in the least restrictive environment consistent with the needs of the ward. The guardian may fulfill the requirement under this subsection by submitting the report required under s. 55.06 (10).

SB391, s. 518 Section 518. 880.39 (title) of the statutes is repealed.

SB391, s. 519 Section 519. 880.39 of the statutes is renumbered 54.18 (4) and amended to read:

SB391,230,2 54.18 (4) Any A guardian of the person or of the estate is immune from civil liability for his or her acts or omissions in performing the duties of the guardianship if he or she performs the duties in good faith, in the best interests of the ward, and with the degree of diligence and prudence that an ordinarily prudent person exercises in his or her own affairs.

SB391, s. 520 Section 520. Subchapter II (title) of chapter 880 [precedes 880.60] of the statutes is repealed.

SB391, s. 521 Section 521. 880.60 of the statutes is renumbered 54.852, and 54.852 (1) (d) and (g), (10) (a) and (12), as renumbered, are amended to read:

SB391,230,8 54.852 (1) (d) "Guardian" Notwithstanding s. 54.01 (10), "guardian" means any fiduciary for the person or estate of a ward.

SB391,230,10 (g) "Ward" Notwithstanding s. 54.01 (37), "ward" means a beneficiary of an individual who receives benefits from the U.S. department of veterans affairs.

SB391,230,13 (10) (a) Every guardian shall file his or her accounts as required by this chapter and shall be excused from filing accounts in the case as provided by s. 880.25 (3) 54.66 (2).

SB391,230,15 (12) Compensation of guardians. Guardians shall be compensated as provided in s. 880.24 (1) 54.72.

SB391, s. 522 Section 522. Subchapter III (title) of chapter 880 [precedes 880.61] of the statutes is repealed.

SB391, s. 523 Section 523. 880.61 of the statutes is renumbered 54.854, and 54.854 (intro.), (3) to (6), (10), (11), (13) and (14), as renumbered, are amended to read:

SB391,230,21 54.854 (title) Definitions Uniform transfers to minors act; definitions. (intro.) In ss. 880.61 to 880.72 54.854 to 54.898:

SB391,230,25 (3) "Conservator" Notwithstanding s. 54.01 (3), "conservator" means a person appointed or qualified by a court to act as general, limited or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.

SB391,231,1 (4) "Court" Notwithstanding s. 54.01 (4), "court" means the circuit court.

SB391,231,4 (5) "Custodial property" means any interest in property transferred to a custodian under ss. 880.61 to 880.72 54.854 to 54.898 and the income from and proceeds of that interest in property.

SB391,231,6 (6) "Custodian" means a person so designated under s. 880.65 54.870 or a successor or substitute custodian designated under s. 880.695 54.888.

SB391,231,8 (10) "Minor" Notwithstanding s. 54.01 (20), "minor" means an individual who has not attained the age of 21 years.

SB391,231,12 (11) "Personal representative" Notwithstanding s. 54.01 (23), "personal representative" means an executor, administrator, successor personal representative or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions.

SB391,231,14 (13) "Transfer" means a transaction that creates custodial property under s. 880.65 54.870.

SB391,231,16 (14) "Transferor" means a person who makes a transfer under ss. 880.61 to 880.72 54.854 to 54.898.

SB391, s. 524 Section 524. 880.615 of the statutes is renumbered 54.856, and 54.856 (1) and (2), as renumbered, are amended to read:

SB391,231,25 54.856 (1) Sections 880.61 to 880.72 54.854 to 54.898 apply to a transfer that refers to ss. 880.61 to 880.72 54.854 to 54.898 in the designation under s. 880.65 54.870 (1) by which the transfer is made if at the time of the transfer the transferor, the minor or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to ss. 880.61 to 880.72 54.854 to 54.898 despite a subsequent change in residence of a transferor, the minor or the custodian, or the removal of custodial property from this state.

SB391,232,3 (2) A person designated as custodian under s. 880.65 to 880.695 54.870 to 54.888 is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.

SB391, s. 525 Section 525. 880.62 of the statutes is renumbered 54.858, and 54.858 (2) and (3), as renumbered, are amended to read:

SB391,232,7 54.858 (2) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under s. 880.65 54.870 (1).

SB391,232,13 (3) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under s. 880.65 54.870. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property under s. 880.65 54.870.

SB391, s. 526 Section 526. 880.625 of the statutes is renumbered 54.860 and amended to read:

SB391,232,18 54.860 Transfer by gift or exercise of power of appointment. A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor under s. 880.65 54.870.

SB391, s. 527 Section 527. 880.63 of the statutes is renumbered 54.862 and amended to read:

SB391,232,23 54.862 Transfer authorized by will or trust. (1) A personal representative or trustee may make an irrevocable transfer under s. 880.65 54.870 to a custodian for the benefit of a minor as authorized in the governing will or trust.

SB391,232,25 (2) If the testator or settlor has nominated a custodian under s. 880.62 54.858 to receive the custodial property, the transfer must be made to that person.

SB391,233,5 (3) If the testator or settlor has not nominated a custodian under s. 880.62 54.858, or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under s. 880.65 54.870 (1).

SB391, s. 528 Section 528. 880.635 of the statutes is renumbered 54.864, and 54.864 (1) and (2), as renumbered, are amended to read:

SB391,233,11 54.864 (1) Subject to sub. (3), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor under s. 880.65 54.870 in the absence of a will or under a will or trust that does not contain an authorization to do so.

SB391,233,14 (2) Subject to sub. (3), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor under s. 880.65 54.870.

SB391, s. 529 Section 529. 880.64 of the statutes is renumbered 54.866 and amended to read:

SB391,233,20 54.866 Transfer by obligor. (1) Subject to subs. (2) and (3), a person not subject to s. 880.63 or 880.635 54.862 or 54.864 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor under s. 880.65 54.870.

SB391,233,23 (2) If a person having the right to do so under s. 880.62 54.858 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.

SB391,234,3 (3) If no custodian has been nominated under s. 880.62 54.858, or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds $10,000 in value.

SB391, s. 530 Section 530. 880.645 of the statutes is renumbered 54.868 and amended to read:

SB391,234,8 54.868 Receipt for custodial property. A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian under ss. 880.61 to 880.72 54.854 to 54.898.

SB391, s. 531 Section 531. 880.65 of the statutes is renumbered 54.870.

SB391, s. 532 Section 532. 880.655 of the statutes is renumbered 54.872 and amended to read:

SB391,234,15 54.872 Single custodianship. A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under ss. 880.61 to 880.72 54.854 to 54.898 by the same custodian for the benefit of the same minor constitutes a single custodianship.

SB391, s. 533 Section 533. 880.66 of the statutes is renumbered 54.874 and amended to read:

SB391,234,19 54.874 Validity and effect of transfer. (1) The validity of a transfer made in a manner prescribed in ss. 880.61 to 880.72 54.854 to 54.898 is not affected by:

SB391,234,21 (a) Failure of the transferor to comply with s. 880.65 54.870 (3) concerning possession and control;

SB391,234,24 (b) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under s. 880.65 54.870 (1); or

SB391,235,3 (c) Death or incapacity of a person nominated under s. 880.62 54.858 or designated under s. 880.65 54.870 as custodian or the disclaimer of the office by that person.

SB391,235,9 (2) A transfer made under s. 880.65 54.870 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties and authority provided in ss. 880.61 to 880.72 54.854 to 54.898, and neither the minor nor the minor's legal representative has any right, power, duty or authority with respect to the custodial property except as provided in ss. 880.61 to 880.72 54.854 to 54.898.

SB391,235,13 (3) By making a transfer, the transferor incorporates in the disposition all of the provisions of ss. 880.61 to 880.72 54.854 to 54.898 and grants to the custodian, and to any 3rd person dealing with a person designated as custodian, the respective powers, rights and immunities provided in ss. 880.61 to 880.72 54.854 to 54.898.

SB391, s. 534 Section 534. 880.665 of the statutes is renumbered 54.876.

SB391, s. 535 Section 535. 880.67 of the statutes is renumbered 54.878, and 54.878 (2), as renumbered, is amended to read:

SB391,235,18 54.878 (2) This section does not relieve a custodian from liability for breach of s. 880.665 54.876.

SB391, s. 536 Section 536. 880.675 of the statutes is renumbered 54.880.

SB391, s. 537 Section 537. 880.68 of the statutes is renumbered 54.882, and 54.882 (2) and (3), as renumbered, are amended to read:

SB391,235,24 54.882 (2) Except for a person who is a transferor under s. 880.625 54.860, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.

SB391,235,25 (3) Except as provided in s. 880.695 54.888 (6), a custodian need not give a bond.

SB391, s. 538 Section 538. 880.685 of the statutes is renumbered 54.884, and 54.884 (2) and (3), as renumbered, are amended to read:

SB391,236,4 54.884 (2) The propriety of, or the authority under ss. 880.61 to 880.72 54.854 to 54.898 for, any act of the purported custodian.

SB391,236,7 (3) The validity or propriety under ss. 880.61 to 880.72 54.854 to 54.898 of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian.

SB391, s. 539 Section 539. 880.69 of the statutes is renumbered 54.886.

SB391, s. 540 Section 540. 880.695 of the statutes is renumbered 54.888, and 54.888 (1), (2) and (6), as renumbered are amended to read:

SB391,236,21 54.888 (1) A person nominated under s. 880.62 54.858 or designated under s. 880.65 54.870 as custodian may decline to serve by delivering a valid disclaimer under s. 854.13 to the person who made the nomination or to the transferor or the transferor's legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing and eligible to serve was nominated under s. 880.62 54.858, the person who made the nomination may nominate a substitute custodian under s. 880.62 54.858; otherwise the transferor or the transferor's legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under s. 880.65 54.870 (1). The custodian so designated has the rights of a successor custodian.