SB391: Bill Text

SB391,251,4 (8) Power of attorney for health care. The treatment of sections 155.05 (1), 155.40 (2m), 155.60 (2), and 880.33 (3) and (8) (b) of the statutes first applies to the appointment of a guardian under section 54.46 (2) of the statutes, as created by this act, on the effective date of this subsection.

SB391,251,9 (9) Durable power of attorney. The treatment of sections 54.46 (2) (c), 54.76 (3) and (3g), and 243.07 (3) (a) and (b) and (7) (c) of the statutes first applies to the appointment of a guardian under section 54.46 (2) of the statutes, as created by this act, or to the appointment of a conservator under section 54.76 (2) of the statutes, as created by this act, on the effective date of this subsection.

SB391,251,20 (10) Duties and powers of guardian of the estate. The treatment of sections 54.18 (title) and (1) to (3) (intro.) and (b), 54.19 (title), (intro.), (2) to (6), (8), and (9), 54.20 (title), (1) (a) to (c), (2) (title), (intro.), (a), (c) to (g), (i), and (j), (3) (title), (intro.), (a) to (e), and (k), 54.21, 880.173 (title), (1), and (2), 880.19 (title), (2) (title), (a) and (b), (4) (title) and (a) to (c), and (5) (title) and (a) to (d), 880.191 (title), (1), and (2), 880.192, 880.195, 880.21, 880.215, 880.22 (title), and 880.24 (title), (1), (2), and (3) (title), (a) (intro.) and 1. to 4., and (b) of the statutes, the repeal of section 880.175 (title), 880.18 (title), 880.19 (1) (title) and (3) (title), 880.22 (1) (title) and (2) (title), and 880.23 (title) of the statutes, and the renumbering and amendment of sections 880.175, 880.18, 880.19 (1) and (3), 880.22 (1) and (2), and 880.23 of the statutes first apply to a guardianship of the estate in effect on the effective date of this subsection.

SB391,251,25 (11) Duties and powers of guardian of the person. The treatment of sections 54.18 (title) and (1) to (3) (intro.) and (b), 54.25 (1) (title), (intro.) and (b) 1. to 5. and (2), 880.33 (9), and 880.38 (title) and (1) to (3) of the statutes first applies to a guardianship of the person in effect on the effective date of this subsection and to a petition for guardianship filed on the effective date of this subsection.

SB391,252,3 (12) Notes and mortgages of minor veterans. The treatment of section 880.32 of the statutes first applies to a note or mortgage executed on the effective date of this subsection.

SB391,252,11 (13) Psychotropic medications. The treatment of sections 51.03 (3) (a) 6., 54.01 (6), (28), and (30), 54.25 (2) (d) 2. a., 55.01 (1v), (6t), and (6v), 55.05 (2) (d), 55.14, 55.19, 609.65 (1) (intro.), 880.01 (2), (7m), and (8), 880.07 (1m), 880.33 (2) (d), (4m), and (4r), 880.34 (6), and 905.04 (4) (am) of the statutes, the repeal of section 51.20 (7) (d) 1. a. and b. of the statutes, the renumbering and amendment of section 51.20 (7) (d) 1. (intro.) of the statutes first applies to petitions for involuntary administration of psychotropic medication that are filed on the effective date of this subsection.

SB391,252,17 (14) Hunting, patron, and guide licenses. The treatment of sections 29.024 (2u), 29.161, 29.164 (3) (e), 29.171 (1), 29.173 (1), 29.182 (4m), 29.184 (6) (c) 1r. and 2., 29.231 (1), 29.235 (1), and 29.512 (1) of the statutes first applies to receipt by the department of natural resources of a declaration issued by a court that an individual is incapable of understanding the nature and risks of the licensed or credentialed activity.

SB391,252,20 (15) Accounts. The treatment of sections 54.62 (title), (3), (4), and (7) (a) to (c), 808.075 (4) (f) 8., 880.245, 880.25 (title) and (1) to (5), 880.252, and 880.253 of the statutes first applies to annual accounts that are due before April 15, 2006.

SB391,252,23 (16) Expansion of order of guardianship. The treatment of section 54.63 of the statutes first applies to submittal of a written statement to the court on the effective date of this subsection.

SB391,253,2 (17) Revocation or suspension of licenses and credentials. The treatment of sections 343.06 (1) (L), 343.31 (title), (2x), and (3) (a), and 440.121 of the statutes first applies to receipt by an administrative agency of a record of a declaration on the effective date of this subsection.

SB391,253,5 (18) Settlements and judgments. The treatment of section 807.10 (title) and (1) to (3) of the statutes first applies to settlements or judgments made on the effective date of this subsection.

SB391,253,10 (19) Review of incompetency and termination of guardianship. The treatment of sections 54.64 (2) (title), (a) 1. to 3., and (b), 880.26 (title), (1) (intro.) and (a) to (c), (2) (intro.) and (a) to (d), and (3), 880.29, and 880.34 (title) and (1) to (5) of the statutes first applies to a petition for review of incompetency filed on the effective date of this subsection.

SB391,253,14 (20) Review of conduct of guardian. The treatment of section 54.68 of the statutes first applies to commitment by a guardian of any action specified under section 54.68 (2) (a) to (j) of the statutes, as created by this act, on the effective date of this subsection.

SB391,253,18 (21) Final accounts. The treatment of sections 54.66 (title) and (3), 808.075 (4) (f) 8., 880.25 (3), 880.27, 880.28, and 880.60 (10) (a) of the statutes first applies to the termination or the resignation, removal, or death of a guardian or the death of a ward on the effective date of this subsection.

SB391,254,2 (22) Appointment of conservator and standby conservator. The treatment of sections 54.01 (3), (32), and (34), 54.34 (1) (p), 54.46 (1) (b), 54.76 (title), (3g), (3m) and (3n), and (6) to (9), 243.07 (3) (a) to (c), 814.66 (1) (b) 2., 880.13 (3), 880.295, and 880.33 (8) (intro.) and (a) and subchapter VI (title) of chapter 54 of the statutes, the repeal of section 880.31 (title) of the statutes, the renumbering and amendment of section 880.31 (2), (3), and (6) of the statutes, and the consolidation, renumbering, and amendment of section 880.31 (1), (4), (5), and (7) of the statutes first apply to an application or petition for appointment of a conservator made on the effective date of this subsection.

SB391,254,7 (23) Termination of conservatorship. The treatment of section 54.76 (6) to (9) of the statutes first applies to commitment by a conservator of any action specified under section 54.76 (6) (a) to (h) of the statutes, as created by this act, or appointment of a guardian, death of a conservatee, or change of residence of a conservator or conservatee on the effective date of this subsection.

SB391,254,10 (24) Degenerative brain disorder. The treatment of section 51.01 (5) (a) of the statutes first applies to a diagnosis of developmental disability made on the effective date of this subsection.

SB391,254,14 (25) Protective placement or protective services. The treatment of sections 55.05 (2) (d), 55.06 (1) (a), (3) (c) and (d), (6), and (8) (c), and 880.33 (7) of the statutes first applies to a petition for protective placement or protective services filed on the effective date of this subsection.

SB391,254,18 (26) Review of protective placement or protective services. The treatment of sections 55.195 (7) and (9) and 880.331 (5) (intro.) and (a) to (g) of the statutes first applies to a review of protective placement or of protective services conducted on the effective date of this subsection.

SB391, s. 581 Section 581. Effective dates. This act takes effect on the first day of the 7th month beginning after publication, except as follows:

SB391,254,23 (1) Compliance by facilities with requirements for administration of psychotropic medication. The treatment of Section 579 (3 ) of this act takes effect on the day after publication.

SB391,254,24 (2) Transition; guardianship appointments.

SB391,255,7 (a) 1 . Notwithstanding the treatment of sections 880.03 and 880.12 of the statutes by this act, except as provided in subsection (3), all guardianships of the person appointed under section 880.03, 2003 stats., in effect on the effective date of this subsection, remain in effect until modified by court order under section 54.64 (2), of the statutes, as affected by this act, terminated by court order under section 54.64 (3) of the statutes, as affected by this act, or removed by court order under section 54.68 (4) (d) or (5) of the statutes, as created by this act.

SB391,255,14 2. Notwithstanding the treatment of sections 880.03 and 880.12 of the statutes by this act, except as provided in subsection (3 ), all guardianships of the estate appointed under section 880.03, 2003 stats., in effect on the effective date of this subsection, remain in effect until modified by court order under section 54.64 (2) of the statutes, as affected by this act, terminated by court order under section 54.64 (4) of the statutes, as affected by this act, or removed by court order under section 54.68 (4) (d) or (5) of the statutes, as created by this act.

SB391,255,21 (b) Notwithstanding the treatment of sections 880.295 and 880.33 (4) of the statutes, by this act, except as provided in subsection (3), all guardianships appointed under section 880.295 or 880.33 (4), 2003 stats., in effect on the effective date of this subsection, remain in effect until modified by court order under section 54.64 (2) of the statutes, as affected by this act, terminated by court order under section 54.64 (3) or (4) of the statutes, as affected by this act, or removed by court order under section 54.68 (4) (d) or (5) of the statutes, as created by this act.

SB391,255,22 (3) Transition; guardianship review and removal.

SB391,256,4 (a) Notwithstanding the treatment of section 880.16 and 880.192 of the statutes by this act, all actions for removal of a guardian under section 880.16, 2003 stats., in effect on the effective date of this subsection, remain in effect until determined by the court under that section, and all actions for review of an account or removal of a guardian under section 880.192, 2003 stats., in effect on the effective date of this subsection, remain in effect until determined by the court under that section.

SB391,256,11 (b) Notwithstanding the treatment of sections 880.251 and 880.34 (3) of the statutes by this act, all actions for removal of a guardian under section 880.251, 2003 stats., in effect on the effective date of this subsection remain in effect until the court issues an order of removal or dismisses the action, and all actions under section 880.34 (3), 2003 stats., for discharge of a guardian or limitation of a guardianship in effect on the effective date of this subsection remain in effect until determined by the court under that subsection.

SB391,256,18 (4) Transition; limited guardianship. Notwithstanding the treatment of sections 880.33 (3) and 880.37 of the statutes by this act, all limited guardianships appointed under sections 880.33 (3) and 880.37, 2003 stats., in effect on the effective date of this subsection remain in effect until modified by court order under section 54.64 (2) of the statutes, as affected by this act, terminated by court order under section 54.64 (3) or (4) of the statutes, as affected by this act, or removed by court order under section 54.68 (4) (d) or (5) of the statutes, as created by this act.

SB391,256,19 (End)