2005 Wisconsin Act 387

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387,350 Section 350. 880.09 (3) (title) of the statutes is repealed.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387,352 Section 352. 880.09 (4) of the statutes is repealed.

387,353 Section 353. 880.09 (5) of the statutes is repealed.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

387,355 Section 355. 880.09 (7) (title) of the statutes is repealed.

387,356 Section 356. 880.09 (7) of the statutes is renumbered 54.15 (4) (a) and amended to read:

54.15 (4) (a) Any person individual other than a minor aged 14 years or younger may, at such time as if the person has sufficient capacity individual does not have incapacity to such an extent that he or she is unable to form an intelligent a reasonable and informed preference, execute a written instrument, in the same manner as the execution of a will under s. 853.03, nominating a person another to be appointed as guardian of his or her person or property estate or both in the event that if a guardian is in the future appointed. Such nominee shall be appointed as guardian by the for the individual. The court shall appoint this nominee as guardian unless the court finds that the appointment of such nominee is not in the best interests of the person for whom, or for whose property, the guardian is to be appointed proposed ward.

387,357 Section 357. 880.10 of the statutes is renumbered 54.38 (5) and amended to read:

54.38 (5) Notice of appointment of guardian of a minor ward. If for any reason the court fails to appoint as guardian the nominee of the minor, the guardian who qualifies shall give notice of the guardian's appointment to the minor by certified mail addressed to the minor's last-known post-office address and shall file an affidavit of such the mailing shall be filed with the court within 10 days after the issuance of letters notice is given.

387,358 Section 358. 880.12 of the statutes is repealed.

387,359 Section 359. 880.125 of the statutes is repealed.

387,360 Section 360. 880.13 (title) of the statutes is renumbered 54.46 (5) (title).

387,361 Section 361. 880.13 (1) of the statutes is renumbered 54.46 (4) (a) and amended to read:

54.46 (4) (a) Form Amount and sufficiency of bond. Upon the appointment of a guardian of the estate of a ward, except as provided under s. 880.60 (9), the court may require a bond given in accordance with ch. 878 and s. 895.345 The order under sub. (2) shall specify the amount of any bond required to be given by the guardian of the estate, conditioned upon the faithful performance of the duties of the guardian of the estate. No bond may be required for the guardian of the person.

387,362 Section 362. 880.13 (2) (title) of the statutes is renumbered 54.46 (4) (b) (title).

387,363 Section 363. 880.13 (2) (a) of the statutes is renumbered 54.46 (4) (b) (intro.) and amended to read:

54.46 (4) (b) (intro.) Unless required under s. 880.60 54.852 (9), the court may waive the requirement of a bond at under any of the following circumstances:

1. At any time in its discretion or if.

2. If so requested in a will wherein in which a nomination appears.

387,364 Section 364. 880.13 (2) (b) of the statutes is renumbered 54.46 (4) (b) 3. and amended to read:

54.46 (4) (b) 3. Whenever If a guardian has or will have possession of funds of the ward with a total value of $40,000 $100,000 or less, and the court may direct directs deposit of the funds in an insured account of a bank, credit union, savings bank, or savings and loan association in the name of the guardian and the ward and payable only upon further order of the court. In such event the court may waive the requirement of a bond.

387,365 Section 365. 880.13 (3) of the statutes is repealed.

387,366 Section 366. 880.14 of the statutes is renumbered 54.46 (5) and amended to read:

54.46 (5) When letters to be issued Letters of guardianship.. When If a guardian of the estate has given bond as, if required, and the bond has been approved by the judge court, letters under the seal of the court shall be issued to the guardian of the estate. If a court determination and order appointing a guardian of the person is entered, letters under the seal of the court shall be issued to the guardian of the person.

387,367 Section 367. 880.15 (title) of the statutes is repealed.

387,368 Section 368. 880.15 (1) of the statutes is renumbered 54.50 (2) and amended to read:

54.50 (2) Appointment Duration and extent of authority. If, after consideration of a petition for temporary guardianship, the court finds that the welfare of a minor, spendthrift or an alleged incompetent requires the immediate appointment of a guardian of the person or of the estate, or of both, it The court may appoint a temporary guardian for a ward for a period not to exceed 60 days unless further extended for 60 days by order of the court. The court may extend the period only once, except that the court may extend this period for good cause shown for one additional 60-day period. The court may impose no further temporary guardianship on the ward for at least 90 days after the expiration of the temporary guardianship and any extension. The court's determination and order appointing the temporary guardian shall specify the authority of the temporary guardian and shall be limited to those acts that are reasonably related to the reasons for appointment that are specified in the petition for temporary guardianship. The authority of the temporary guardian shall be is limited to the performance of duties respecting specific property, or to the performance of particular those acts, as stated in the order of appointment. All provisions of the statutes concerning the powers and duties of guardians shall apply to temporary guardians except as limited by the order of appointment. The temporary guardian shall make the reports the court directs and shall account to the court upon termination of authority. The court assigned to exercise jurisdiction under chs. 48 and 938 has exclusive jurisdiction over the appointment of a temporary guardian of a minor for medical purposes but shall proceed in accordance with this section Unless the court first specifically approves and orders bond, the temporary guardian may not sell real estate or expend an amount in excess of $2,000.

387,369 Section 369. 880.15 (1m) of the statutes is repealed.

387,370 Section 370. 880.15 (1s) of the statutes is renumbered 54.38 (6) and amended to read:

54.38 (6) Notice of petition and hearing for temporary guardianship. The person petitioning petitioner for appointment of a temporary guardian shall cause give notice to be given under s. 880.08 of that the petition to the minor, spendthrift or alleged incompetent and, if the appointment is made, shall give notice of the appointment to the ward. The time limits of s. 880.08 do not apply to notice given under this subsection proposed ward. The notice shall be served before or at the time the petition is filed or as soon thereafter as possible and shall include notice of the right to counsel and of the right to petition for reconsideration or modification of the temporary guardianship at any time under s. 880.34 within 30 days of receipt of the notice 54.50 (3) (d) The petitioner shall serve notice of the order for hearing on the proposed ward before the hearing or not later than 3 calendar days after the hearing. If the petitioner serves notice after the hearing is conducted and the court has entered an order, the petitioner shall include the court's order with the notice of the order for hearing.

387,371 Section 371. 880.15 (2) of the statutes is repealed.

387,372 Section 372. 880.15 (3) of the statutes is renumbered 54.50 (4) and amended to read:

54.50 (4) (d) Cessation of powers. If the temporary guardianship is not sooner terminated the The duties and powers of the temporary guardian shall cease upon the issuing of letters of permanent guardianship to the guardian of the ward, or, if the ward is a minor, upon his becoming of age, or when it shall be judicially determined, the expiration of the time period specified in sub. (2), or if the court sooner determines that any other disability of the temporary ward which situation of the ward that was the cause of the temporary guardianship has terminated. Upon the termination of the temporary guardian's duties and powers, a temporary guardian of the person shall file with the court any report that the court requires. A temporary guardian of the estate shall, upon the termination of duties and powers, account to the court and deliver to the person or persons entitled to them all the estate of the ward in his or her hands the ward's estate over which the temporary guardian of the estate has had control. Any action which that has been commenced by the temporary guardian may be prosecuted to final judgment by the successor or successors in interest, if any.

387,373 Section 373. 880.155 of the statutes is renumbered 54.56 and amended to read:

54.56 Visitation by a minor's grandparents and stepparents. (1) In this section, "stepparent" means the surviving spouse of a deceased parent of a minor child, whether or not the surviving spouse has remarried.

(2) If one or both parents of a minor child are deceased and the child minor is in the custody of the surviving parent or any other person, a grandparent or stepparent of the child minor may petition for visitation privileges with respect to the child minor, whether or not the person with custody is married. The grandparent or stepparent may file the petition in a guardianship or temporary guardianship proceeding under this chapter that affects the minor child or may file the petition to commence an independent action under this chapter. Except as provided in sub. (3m), the court may grant reasonable visitation privileges to the grandparent or stepparent if the surviving parent or other person who has custody of the child minor has notice of the hearing and if the court determines that visitation is in the best interest of the child minor.

(3) Whenever possible, in making a determination under sub. (2), the court shall consider the wishes of the child minor.

(3m) (a) Except as provided in par. (b), the court may not grant visitation privileges to a grandparent or stepparent under this section if the grandparent or stepparent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child minor, and the conviction has not been reversed, set aside or vacated.

(b) Paragraph (a) does not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child minor. The court shall consider the wishes of the child minor in making the determination.

(4) The court may issue any necessary order to enforce a visitation order that is granted under this section, and may from time to time modify such the visitation privileges or enforcement order upon a showing of for good cause shown.

(4m) (a) If a grandparent or stepparent granted visitation privileges with respect to a child minor under this section is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child minor, and the conviction has not been reversed, set aside or vacated, the court shall modify the visitation order by denying visitation with the child minor upon petition, motion or order to show cause by a person having custody of the child minor, or upon the court's own motion, and upon notice to the grandparent or stepparent granted visitation privileges.

(b) Paragraph (a) does not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child minor. The court shall consider the wishes of the child minor in making the determination.

(5) This section applies to every minor child in this state whose parent or parents are deceased, regardless of the date of death of the parent or parents.

387,374 Section 374. 880.157 (title) of the statutes is renumbered 54.57 (title).

387,375 Section 375. 880.157 (1) of the statutes is renumbered 54.57 (1) and amended to read:

54.57 (1) Except as provided in sub. (2), in an action under this chapter that affects a minor child, a court may not grant to a parent of the child minor visitation or physical placement rights with the child minor if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's minor's other parent, and the conviction has not been reversed, set aside or vacated.

387,376 Section 376. 880.157 (2) of the statutes is renumbered 54.57 (2) and amended to read:

54.57 (2) Subsection (1) does not apply if the court determines by clear and convincing evidence that visitation or periods of physical placement would be in the best interests of the child minor. The court shall consider the wishes of the child minor in making the determination.

387,377 Section 377. 880.16 of the statutes is repealed.

387,378 Section 378. 880.17 of the statutes is renumbered 54.54 and amended to read:

54.54 Successor guardian. (1) Appointment. When If a guardian dies, is removed by order of the court, or resigns and the resignation is accepted by the court, the court, on its own motion or upon petition of any interested person, may appoint a competent and suitable person as successor guardian. The court may, upon request of any interested person or on its own motion, direct that a petition for appointment of a successor guardian be heard in the same manner and subject to the same requirements as provided under this chapter for an original appointment of a guardian.

(2) Notice. If the appointment under sub. (1) is made without hearing, the successor guardian shall provide notice to the ward and all interested persons of the appointment, the right to counsel, and the right to petition for reconsideration of the successor guardian. The notice shall be served personally or by mail not later than 10 days after the appointment.

387,379 Section 379. 880.173 (title) of the statutes is repealed.

387,380 Section 380. 880.173 (1) of the statutes is renumbered 54.20 (2) (h) and amended to read:

54.20 (2) (h) A guardian of the estate If appointed under this chapter for a married person may ward, exercise with the approval of the court, except as limited under s. 880.37, any management and control right over the marital property or property other than marital property and any right in the business affairs which that the married person ward could exercise under ch. 766 if the person were not determined under s. 880.12 to be a proper subject for guardianship. Under this section, a guardian may ward were not an individual found incompetent, consent to act together in or join in any transaction for which consent or joinder of both spouses is required, or may execute under s. 766.58 a marital property agreement with the other ward's spouse or, if appointed for a ward who intends to marry, with the ward's intended spouse, but may not make, amend or revoke a will.

387,381 Section 381. 880.173 (2) of the statutes is repealed.

387,382 Section 382. 880.175 (title) of the statutes is repealed.

387,383 Section 383. 880.175 of the statutes is renumbered 54.20 (2) (b) and amended to read:

54.20 (2) (b) Upon petition by the guardian, a parent, the spouse, any issue or next of kin of any person, assets of the person may, in the discretion of the court and upon its order, after such notice as the court may require, be transferred Transfer assets of the ward to the trustee or trustees of an any existing revocable living trust created by the person for the benefit of that the ward has created for himself or herself and those dependent upon the person for support any dependents, or, if the ward is a minor, to the trustee or trustees of a any trust created for the exclusive benefit of the person, if a minor, which ward that distributes to him or her at age 18 or 21, or, if the ward dies before age 18 or 21, to his or her estate, or as he or she appoints if he or she dies prior to age 18 or 21 the ward has appointed by a written instrument that is executed after the ward attains age 14.

387,384 Section 384. 880.18 (title) of the statutes is renumbered 54.60 (title).

387,385 Section 385. 880.18 of the statutes is renumbered 54.60 (1) and amended to read:

54.60 (1) Inventory required. When a The guardian of the estate has been appointed an inventory shall be made in the same manner and subject to the same requirements as are provided for the inventory of a decedent's estate. An appraisal of all or any part of the ward's estate shall be made when ordered by the court prepare an inventory that lists all of the ward's income and assets, including interests in property and any marital property interest, regardless of how the asset is titled.

387,386 Section 386. 880.19 (title) of the statutes is repealed.

387,387 Section 387. 880.19 (1) (title) of the statutes is repealed.

387,388 Section 388. 880.19 (1) of the statutes is renumbered 54.19 (1) and amended to read:

54.19 (1) The guardian of the estate shall take Take possession of all of the ward's real and personal property, and of any rents, income, issues and benefits therefrom, whether accruing before or after the guardian's appointment from the property, and of the any proceeds arising from the sale, mortgage, lease, or exchange thereof of the property and prepare an inventory of these. Subject to such this possession, the title of all such estate the income and assets of the ward and to the increment and proceeds thereof shall be of the income and assets of the ward in the ward and not in the guardian. It is the duty of the guardian of the estate to protect and preserve it, to retain, sell and invest it as hereinafter provided, to account for it faithfully, to perform all other duties required of the guardian by law and at the termination of the guardianship to deliver the assets of the ward to the persons entitled thereto.

387,389 Section 389. 880.19 (2) (title) of the statutes is repealed.

387,390 Section 390. 880.19 (2) (a) of the statutes is renumbered 54.20 (1) (intro.) and amended to read:

54.20 (1) Standard. (intro.) The In exercising the powers under this section, the guardian of the estate may, without the approval of the court, retain any real or personal property possessed by the ward at the time of appointment of the guardian or subsequently acquired by the ward by gift or inheritance without regard to ch. 881, so long as such retention constitutes the exercise of shall use the judgment and care under the circumstances then prevailing, which that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to including the permanent, rather than speculative, disposition of their funds, considering and consideration of the probable income as well as the probable and safety of their capital. In addition, in exercising powers and duties under this section, the guardian of the estate shall consider, consistent with the functional limitations of the ward, all of the following:

387,391 Section 391. 880.19 (2) (b) of the statutes is renumbered 54.20 (3) (f) and amended to read:

54.20 (3) (f) The guardian of the estate may, with the approval of the court, after such notice as the court directs, retain Retain any real or personal property possessed by that the ward at the time of the appointment of the possesses when the guardian or subsequently acquired by is appointed or that the ward acquires by gift or inheritance for such period of time as shall be designated in the order of the court approving such retention, without regard to ch. 881 during the guardian's appointment.

387,392 Section 392. 880.19 (3) (title) of the statutes is repealed.

387,393 Section 393. 880.19 (3) of the statutes is renumbered 54.20 (2) (k) and amended to read:

54.20 (2) (k) In all cases where in which the court deems it determines that it is advantageous to continue the business of a ward, such business may be continued by the guardian of the estate on such continue the business on any terms and conditions as may be specified in the order of the court.

387,394 Section 394. 880.19 (4) (title) of the statutes is repealed.

387,395 Section 395. 880.19 (4) (a) of the statutes is renumbered 54.20 (3) (h) and amended to read:

54.20 (3) (h) The guardian of the estate may, without approval of the court, invest Invest and reinvest the proceeds of sale of any guardianship assets of the ward and any of the ward's other moneys in the guardian's possession in accordance with ch. 881.

387,396 Section 396. 880.19 (4) (b) of the statutes is renumbered 54.20 (3) (i) and amended to read:

54.20 (3) (i) The guardian of the estate may, with the approval of the court, after Notwithstanding ch. 881, after such notice as the court directs, and subject to ch. 786, invest the proceeds of sale of any guardianship assets of the ward and any of the ward's other moneys in the guardian's possession in such the real or personal property as the court determines that is determined by the court to be in the best interests of the guardianship estate, without regard to ch. 881 of the ward.

387,397 Section 397. 880.19 (4) (c) of the statutes is renumbered 54.18 (3) (a) and amended to read:

54.18 (3) (a) No guardian shall lend guardianship Lend funds of the ward to himself or herself.

387,398 Section 398. 880.19 (5) (title) of the statutes is repealed.