2005 Wisconsin Act 387

54.01 (31) "Spendthrift" means a person who, because of the use of intoxicants alcohol or other drugs or because of gambling, idleness or debauchery or other wasteful course of conduct, is unable to attend to business or thereby manage effectively his or her financial affairs or is likely to affect the health, life, or property of the person himself, herself, or others so as to endanger the his or her support of the person and the person's support of his or her dependents, if any, or expose the public to such responsibility for his or her support.

387,305 Section 305. 880.01 (10) of the statutes is renumbered 54.01 (37) and amended to read:

54.01 (37) "Ward" means a subject an individual for whom a guardian has been appointed.

387,306 Section 306. 880.02 of the statutes is renumbered 54.30 (1) and amended to read:

54.30 (1) Jurisdiction in circuit court. The Except as provided in s. 54.38 (1), the circuit court shall have has subject matter jurisdiction over all petitions for guardianship. A guardianship of the estate of any person individual, once granted, shall extend to all of his or her estate the ward's income and assets in this state and shall exclude the jurisdiction of every other circuit court, except as provided in ch. 786. Jurisdiction under this subsection also extends to the petition by a foreign guardian for the receipt and acceptance of a foreign guardianship, except as provided in s. 54.38 (1m) and, if the petition is granted, to the accepted guardianship.

387,307 Section 307. 880.03 of the statutes is repealed.

387,308 Section 308. 880.04 (title) of the statutes is renumbered 54.12 (title) and amended to read:

54.12 (title) Exceptions to appointment of guardian.

387,309 Section 309. 880.04 (1) of the statutes is renumbered 54.46 (6) and amended to read:

54.46 (6) Emancipation of married minors. Except for minors a minor found to be incompetent, upon marriage, a minor shall is no longer be a proper subject for guardianship of the person and a guardianship of the person is revoked by the marriage of a minor ward. Upon application, the court may release in whole or in part the estate income and assets of a minor ward to the ward upon the ward's marriage. Upon marriage, the guardianship of an incompetent is subject to review under s. 880.34.

387,310 Section 310. 880.04 (2) of the statutes is renumbered 54.12 (1) and amended to read:

54.12 (1) Small estates. If a minor or an individual found incompetent, except for his or her incapacity, is entitled to possession of personal property of a value of $10,000 possess assets valued at the amount specified in s 867.03 (1g) (intro.) or less, any court wherein in which an action or proceeding involving said property the assets is pending may, in its discretion, without requiring the appointment of a guardian, order that the register i probate do one of the following:

(a) Deposit the property in a savings an interest-bearing account in a bank, the payment of whose accounts in cash immediately upon default of the bank are or other financial institution insured by an agency of the federal deposit insurance corporation; deposit in a savings account in a savings bank or a savings and loan association that has its deposits insured by the federal deposit insurance corporation; deposit in a savings account in a credit union having its deposits guaranteed by the Wisconsin credit union savings insurance corporation or by the national board, as defined in s. 186.01 (3m); government or invest the property in interest-bearing obligations of the United States. The fee for the clerk's services of the register in probate in depositing and disbursing the funds under this paragraph is prescribed in s. 814.61 (12) (a) 814.66 (1) (n).

(b) Payment Make payment to the natural guardian parent of the minor or to the person having actual custody of the minor.

(c) Payment Make payment to the minor.

(d) Payment Make payment to the person having actual or legal custody of the incompetent or to the person providing for the incompetent's care and maintenance of the individual found incompetent for the benefit of the individual found incompetent.

387,311 Section 311. 880.04 (2m) of the statutes is renumbered 54.12 (2) and amended to read:

54.12 (2) Informal administration. If a minor or an individual found incompetent, except for his or her incapacity, a minor, or a spendthrift is entitled to possession of personal property assets of a value of $5,000 the amount specified in s. 867.03 (1g) (intro.) or less from an estate administered through informal administration under ch. 865, the personal representative may, without the appointment of a guardian, do any of the following:

(a) With the approval of the register in probate, take one of the actions under specified in sub. (2) (1) (a) to (f).

(b) With the approval of the guardian ad litem of the minor or individual found incompetent, take one of the actions under specified in sub. (2) (1) (a) to (f) and file proof of the action taken and of the approval of the guardian ad litem with the probate registrar instead of filing a receipt under s. 865.21.

387,312 Section 312. 880.04 (3) of the statutes is renumbered 54.12 (3) and amended to read:

54.12 (3) Uniform gifts and transfers to minors. If a minor, except for his or her incapacity, is entitled to possession of personal property of any value, any court wherein in which an action or proceeding involving the property is pending may, without requiring the appointment of a guardian, order payment, subject to any limitations the court may impose, to a custodian for the minor designated by the court under ss. 880.61 to 880.72 54.854 to 54.898 or under the uniform gifts to minors act or uniform transfers to minors act of any other state.

387,313 Section 313. 880.05 of the statutes is renumbered 54.30 (2) and amended to read:

54.30 (2) Venue. All petitions for guardianship of residents of the state shall be directed to the circuit court of the county of residence of the person subject to guardianship proposed ward or of the county in which the person proposed ward is physically present. A petition for guardianship of the person or estate of a nonresident may be directed to the circuit court of any county where in which the person nonresident or any property assets of the nonresident may be found or of the county in which the petitioner proposes that the proposed ward resides. A petition for receipt and acceptance of a foreign guardianship shall be directed to the circuit court of the county in which the foreign ward resides or intends to reside.

387,314 Section 314. 880.06 (title) of the statutes is renumbered 54.30 (3) (title).

387,315 Section 315. 880.06 (1) of the statutes is renumbered 54.30 (3) (a) and amended to read:

54.30 (3) (a) Original proceeding. The court wherein in which a petition is first filed shall determine venue. The court shall direct that proper notice be given to any potentially responsible or affected county. Proper notice is given to a potentially responsible or affected county if written notice of the proceeding is sent by certified mail to the county's clerk and corporation counsel. After all potentially responsible or affected counties and parties have been given an opportunity to be heard, the court shall determine that venue lies in the county in which the petition is filed under sub. (2) or in another county, as appropriate. If it is determined the court determines that venue lies in another county, the court shall order the entire record certified to the proper court. A court wherein in which a subsequent petition is filed shall, upon being if it is satisfied of that an earlier filing took place in another court, summarily dismiss such the petition. If any potentially responsible or affected county or party objects to the court's finding of venue, the court may refer the issue to the department for a determination of the county of residence under s. 51.40 (2) (g) and may suspend ruling on the motion for change of venue until the determination under s. 51.40 (2) (g) is final.

387,316 Section 316. 880.06 (2) of the statutes is renumbered 54.30 (3) (b) (intro.) and amended to read:

54.30 (3) (b) (intro.) Change of residence of ward or guardian. If a guardian removes from the county where appointed to another county within the state or a ward removes from the county in which he or she has resided changes residence from one county to another county within the state, the circuit court for the county in which the ward resides may appoint a new guardian as provided by law for the appointment of a guardian. Upon verified petition of the new guardian, accompanied by a certified copy of appointment and bond if the appointment is in another county, and upon the notice prescribed by s. 879.05 to the originally appointed guardian, unless he or she is the same person, and to any other persons that the court shall order, the court of original appointment may order the guardianship accounts settled and the property delivered to the new guardian. venue may be transferred to the ward's new county of residence under the following procedure:

387,317 Section 317. 880.07 (title) of the statutes is renumbered 54.34 (title) and amended to read:

54.34 (title) Petition; fees for guardianship or for receipt and acceptance of a foreign guardianship.

387,318 Section 318. 880.07 (1) (intro.) of the statutes is renumbered 54.34 (1) (intro.) and amended to read:

54.34 (1) (intro.) Any relative, public official or other person, may petition for the appointment of a guardian of a person subject to guardianship. Such for an individual. The petition shall state, so far as may be all of the following, if known to the petitioner:

387,319 Section 319. 880.07 (1) (a) of the statutes is renumbered 54.34 (1) (a).

387,320 Section 320. 880.07 (1) (b) of the statutes is renumbered 54.34 (1) (b) and amended to read:

54.34 (1) (b) The specific nature of the proposed ward's alleged incapacity with specification of the incompetency or spendthrift habits.

387,321 Section 321. 880.07 (1) (c) of the statutes is renumbered 54.34 (1) (c).

387,322 Section 322. 880.07 (1) (d) of the statutes is renumbered 54.34 (1) (d) and amended to read:

54.34 (1) (d) Any assets of the proposed ward previously derived from or benefits of the proposed ward now due and payable from the U.S. department of veterans affairs.

387,323 Section 323. 880.07 (1) (e) of the statutes is renumbered 54.34 (1) (e).

387,324 Section 324. 880.07 (1) (f) of the statutes is renumbered 54.34 (1) (f).

387,325 Section 325. 880.07 (1) (g) of the statutes is renumbered 54.34 (1) (g).

387,326 Section 326. 880.07 (1) (h) of the statutes is renumbered 54.34 (1) (h) and amended to read:

54.34 (1) (h) The names and post-office addresses of the spouse and presumptive or apparent adult heirs of the proposed ward, and all other persons believed by the petitioner to be interested parties.

387,327 Section 327. 880.07 (1) (i) of the statutes is renumbered 54.34 (1) (i) and amended to read:

54.34 (1) (i) The name and post-office address of the person or institution having the, if any, that has care and custody of the proposed ward or the facility, if any, that is providing care to the proposed ward.

387,328 Section 328. 880.07 (1) (j) of the statutes is renumbered 54.34 (1) (j) and amended to read:

54.34 (1) (j) The interest of the petitioner, and, if a public official or creditor is the petitioner, then the fact of indebtedness or continuing liability for maintenance or continuing breach of the public peace as well as the authority of the petitioner to act.

387,329 Section 329. 880.07 (1m) of the statutes is repealed.

387,330 Section 330. 880.07 (2) of the statutes is renumbered 54.34 (2) and amended to read:

54.34 (2) A petition for guardianship may also include an application for protective placement or protective services or both under ch. 55.

387,331 Section 331. 880.07 (3) of the statutes is repealed.

387,332 Section 332. 880.07 (4) of the statutes is repealed.

387,333 Section 333. 880.075 of the statutes is renumbered 54.44 (1) (b) and amended to read:

54.44 (1) (b) Time of hearing for certain appointments. A petition for guardianship of a person an individual who has been admitted to a nursing home or a community-based residential facility under s. 50.06 shall be heard within 60 days after it is filed. If an individual under s. 50.06 (3) alleges that an individual is making a health care decision under s. 50.06 (5) (a) that is not in the best interests of the incapacitated individual or if the incapacitated individual verbally objects to or otherwise actively protests the admission, the petition shall be heard as soon as possible within the 60-day period.

387,334 Section 334. 880.08 (intro.) of the statutes is renumbered 54.38 (2) (intro.) and amended to read:

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:

387,335 Section 335. 880.08 (1) (title) of the statutes is repealed.

387,336 Section 336. 880.08 (1) of the statutes is renumbered 54.38 (2) (a) and amended to read:

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.

387,337 Section 337. 880.08 (2) of the statutes is repealed.

387,338 Section 338. 880.08 (3) (title) of the statutes is repealed.

387,339 Section 339. 880.08 (3) (am) (intro.) of the statutes is renumbered 54.38 (3) (intro.) and amended to read:

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:

387,340 Section 340. 880.08 (3) (am) 1. of the statutes is renumbered 54.38 (3) (a) and amended to read:

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

387,341 Section 341. 880.08 (3) (am) 2. of the statutes is renumbered 54.38 (3) (b) and amended to read:

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

387,342 Section 342. 880.08 (3) (am) 3. of the statutes is renumbered 54.38 (3) (c) and amended to read:

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.

387,343 Section 343. 880.08 (3) (am) 4. of the statutes is renumbered 54.38 (3) (d) and amended to read:

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.

387,344 Section 344. 880.08 (3) (e) of the statutes is repealed.

387,345 Section 345. 880.08 (4) of the statutes is renumbered 54.38 (4) and amended to read:

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).

387,346 Section 346. 880.09 (intro.) of the statutes is renumbered 54.15 (intro.) and amended to read:

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:

387,347 Section 347. 880.09 (1) (title) of the statutes is repealed.

387,348 Section 348. 880.09 (1) of the statutes is renumbered 54.15 (4) (b) and amended to read:

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.

387,349 Section 349. 880.09 (2) of the statutes is renumbered 54.15 (5) and amended to read:

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.

387,350 Section 350. 880.09 (3) (title) of the statutes is repealed.

387,351 Section 351. 880.09 (3) of the statutes is renumbered 54.15 (4) (c) and amended to read:

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.

387,352 Section 352. 880.09 (4) of the statutes is repealed.

387,353 Section 353. 880.09 (5) of the statutes is repealed.

387,354 Section 354. 880.09 (6) of the statutes is renumbered 54.15 (6) and amended to read:

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.