54.74 Compensation of guardian ad litem.
54.75 Access to court records.
SUBCHAPTER VI
VOLUNTARY PROCEEDINGS;
CONSERVATORS
54.76 Conservator; appointment; duties and powers; termination.
SUBCHAPTER VII
UNIFORM GUARDIANSHIP ACTS
54.852 United States uniform veterans guardianship act.
54.854 Uniform transfers to minors act; definitions.
54.856 Scope and jurisdiction.
54.858 Nomination of custodian.
54.860 Transfer by gift or exercise of power of appointment.
54.862 Transfer authorized by will or trust.
54.864 Other transfer by fiduciary.
54.866 Transfer by obligor.
54.868 Receipt for custodial property.
54.870 Manner of creating custodial property and effecting transfer; designation of initial custodian; control.
54.872 Single custodianship.
54.874 Validity and effect of transfer.
54.876 Care of custodial property.
54.878 Powers of custodian.
54.880 Use of custodial property.
54.882 Custodian's expenses, compensation and bond.
54.884 Exemption of 3rd person from liability.
54.886 Liability to 3rd persons.
54.888 Renunciation, resignation, death or removal of custodian; designation of successor custodian.
54.890 Accounting by and determination of liability of custodian.
54.892 Termination of custodianship.
54.896 Effect on existing custodianships.
54.898 Uniformity of application and construction.
54.92 Uniform securities ownership by minors act.
54.93 Securities ownership by incompetents and spendthrifts.
54.952 Custodial trust; general.
54.954 Custodial trustee for future payment or transfer.
54.956 Form and effect of receipt and acceptance by custodial trustee, jurisdiction.
54.958 Transfer to custodial trustee by fiduciary or obligor; facility of payment.
54.960 Multiple beneficiaries; separate custodial trusts; survivorship.
54.962 General duties of custodial trustee.
54.964 General powers of custodial trustee.
54.966 Use of custodial trust property.
54.968 Determination of incapacity; effect.
54.970 Exemption of 3rd person from liability.
54.972 Liability to 3rd person.
54.974 Declination, resignation, incapacity, death or removal of custodial trustee, designation of successor custodial trustee.
54.976 Expenses, compensation and bond of custodial trustee.
54.978 Reporting and accounting by custodial trustee; determination of liability of custodial trustee.
54.980 Limitations of action against custodial trustee.
54.982 Distribution on termination.
54.984 Methods and forms for creating custodial trusts.
54.988 Uniformity of application and construction.
Ch. 54 Cross-reference
Cross-reference: See s.
46.011 for definitions applicable to chs.
46,
50,
51,
54,
55, and
58.
DEFINITIONS
54.01
54.01
Definitions. In subchs I to VI:
54.01(1)
(1) "Activities of daily living" means activities relating to the performance of self care, work, and leisure activities, including dressing, eating, grooming, mobility, and object manipulation.
54.01(2)
(2) "Agency" means any public or private board, corporation, or association, including a county department under
s. 51.42 or
51.437, that is concerned with the specific needs and problems of individuals with developmental disability, mental illness, alcoholism, or drug dependency and of aging individuals.
54.01(3)
(3) "Conservator" means a person who is appointed by a court at an individual's request under
s. 54.76 (2) to manage the estate of the individual.
54.01(4)
(4) "Court" means the circuit court or judge assigned to exercise probate jurisdiction or the assignee of the judge under
s. 757.68 (4m) or
851.73 (1) (g) who is assigned relevant authority.
54.01(5)
(5) "Decedent" means the deceased individual whose estate is subject to administration.
54.01(6)
(6) "Degenerative brain disorder" means the loss or dysfunction of an individual's brain cells to the extent that he or she is substantially impaired in his or her ability to provide adequately for his or her own care or custody or to manage adequately his or her property or financial affairs.
54.01(8)
(8) "Developmental disability" means a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or another neurological condition closely related to mental retardation or requiring treatment similar to that required for individuals with mental retardation, which has continued or can be expected to continue indefinitely, substantially impairs an individual from adequately providing for his or her own care or custody, and constitutes a substantial handicap to the afflicted individual. The term does not include dementia that is primarily caused by degenerative brain disorder.
54.01(9g)
(9g) "Foreign court" means a court of a foreign state having competent jurisdiction of a foreign ward.
54.01(9i)
(9i) "Foreign guardian" means a guardian appointed by a foreign court for a foreign ward.
54.01(9k)
(9k) "Foreign guardianship" means a guardianship issued by a foreign court.
54.01(9m)
(9m) "Foreign state" means a state other than this state.
54.01(9p)
(9p) "Foreign ward" means an individual who has been found by a foreign court to be incompetent or a spendthrift and who is subject to a guardianship order or related order in a foreign state.
54.01(10)
(10) "Guardian" means a person appointed by a court under
s. 54.10 to manage the income and assets and provide for the essential requirements for health and safety and the personal needs of a minor, an individual found incompetent, or a spendthrift.
54.01(11)
(11) "Guardian of the estate" means a guardian appointed to comply with the duties specified in
s. 54.19 and to exercise any of the powers specified in
s. 54.20.
54.01(12)
(12) "Guardian of the person" means a guardian appointed to comply with the duties specified in
s. 54.25 (1) and to exercise any of the powers specified in
s. 54.25 (2).
54.01(13)
(13) "Heir" means any person, including the surviving spouse, who is entitled under the statutes of intestate succession to an interest in property of a decedent. The state is an heir of the decedent and a person interested under
s. 45.37 (10) and
(11) when the decedent was a member of the Wisconsin Veterans Home at King or at the facilities operated by the department of veterans affairs under
s. 45.50 at the time of the decedent's death.
54.01(14)
(14) "Impairment" means a developmental disability, serious and persistent mental illness, degenerative brain disorder, or other like incapacities.
54.01(15)
(15) "Incapacity" means the inability of an individual effectively to receive and evaluate information or to make or communicate a decision with respect to the exercise of a right or power.
54.01(16)
(16) "Individual found incompetent" means an individual who has been adjudicated by a court as meeting the requirements of
s. 54.10 (3).
54.01(17)
(17) "Interested person" means any of the following:
54.01(17)(a)
(a) For purposes of a petition for guardianship, any of the following:
54.01(17)(a)1.
1. The proposed ward, if he or she has attained 14 years of age.
54.01(17)(a)2.
2. The spouse or adult child of the proposed ward, or the parent of a proposed ward who is a minor.
54.01(17)(a)3.
3. For a proposed ward who has no spouse, child, or parent, an heir, as defined in
s. 851.09, of the proposed ward that may be reasonably ascertained with due diligence.
54.01(17)(a)4.
4. Any individual who is nominated as guardian, any individual who is appointed to act as guardian or fiduciary for the proposed ward by a court of any state, any trustee for a trust established by or for the proposed ward, any person appointed as agent under a power of attorney for health care, as defined in
s. 155.01 (4), or any person appointed as agent under a durable power of attorney under
ch. 243.
54.01(17)(a)5.
5. If the proposed ward is a minor, the individual who has exercised principal responsibility for the care and custody of the proposed ward during the period of 60 consecutive days immediately before the filing of the petition.
54.01(17)(a)6.
6. If the proposed ward is a minor and has no living parent, any individual nominated to act as fiduciary for the minor in a will or other written instrument that was executed by a parent of the minor.
54.01(17)(a)7.
7. If the proposed ward is receiving moneys paid, or if moneys are payable, by the federal department of veterans affairs, a representative of the federal department of veterans affairs, or, if the proposed ward is receiving moneys paid, or if moneys are payable, by the state department of veterans affairs, a representative of the state department of veterans affairs.
