2005 Wisconsin Act 387

58.05 (2) Any person who is mentally ill or retarded developmentally disabled may, upon the written request of his or her guardian, be committed to any such hospital or institution in the manner persons who are adjudged mentally adjudicated incompetent are committed to the state hospitals; but the county in which such the person resides shall be liable for his or her support, maintenance, and treatment only when he or she has been committed upon the request of the county board, and such the hospital or institution shall not be is not required to keep, care for, or treat any person who is mentally ill or retarded developmentally disabled longer than his or her guardian or, friends, or the county from which he or she shall have been committed shall defray the expenses of his or her care and treatment. Any person may voluntarily place himself or herself in such hospital, asylum, or institution for care and treatment.

387,126 Section 126. 66.0915 (1) of the statutes is amended to read:

66.0915 (1) Private viaducts in cities, villages and towns. The privilege of erecting a viaduct above a public street, road, or alley, for the purpose of connecting buildings on each side, may be granted by the city council, village board, or town board upon the written petition of the owners of all the frontage of the lots and lands abutting the portion sought to be connected, and the owners of more than one-half of the frontage of the lots and lands abutting upon that portion of the remainder that lies within 2,650 feet from the ends of the portion proposed to be connected. If a lot or land is owned by the state, or by a county, city, village, or town, or by a minor or individual adjudicated incompetent person, or the title to the lot or land is held in trust, the petition may be signed by the governor, the chairperson of the county board, the mayor of the city, the president of the board of trustees of the village, the chairperson of the town board, the guardian of the minor or individual adjudicated incompetent person, or the trustee, respectively, and the signature of a private corporation may be made by its president, secretary, or other principal officer or managing agent. Written notice stating when and where the petition will be acted upon, and describing the location of the proposed viaduct, shall be given by the city council, village board, or town board by publication of a class 3 notice, under ch. 985.

387,127 Section 127. 66.0915 (2) of the statutes is amended to read:

66.0915 (2) Removal of private viaducts. A viaduct in a city, village, or town may be discontinued by the city council, village board, or town board, upon written petition of the owners of more than one-half of the frontage of the lots and lands abutting on the street or road approaching on each end of the viaduct, which lies within 2,650 feet from the ends of the viaduct. If a lot or land is owned by the state, or by a county, city, village, or town, or by a minor or individual adjudicated incompetent person, or the title to the lot or land is held in trust, the petition may be signed by the governor, the chairperson of the county board, the mayor of the city, the president of the board of trustees of the village, the chairperson of the town board, the guardian of the minor or individual adjudicated incompetent person, or the trustee, respectively, and the signature of a private corporation may be made by its president, secretary, or other principal officer or managing agent. Written notice stating when and where the petition will be acted upon, and stating what viaduct is proposed to be discontinued, shall be given by the city council, village board, or town board by publication of a class 1 notice, under ch. 985, not less than one year before the day fixed for the hearing and a class 3 notice, under ch. 985, within the 30 days before the date of the hearing.

387,128 Section 128. 71.07 (3m) (a) 1. e. of the statutes is amended to read:

71.07 (3m) (a) 1. e. For purposes of filing a claim under this subsection, when a guardian has been appointed under ch. 880 in this state for a ward who owns the farmland, the claimant shall be the guardian on behalf of the ward.

387,129 Section 129. 71.28 (2m) (a) 1. e. of the statutes is amended to read:

71.28 (2m) (a) 1. e. For purposes of filing a claim under this subsection, when a guardian has been appointed under ch. 880 in this state for a ward who owns the farmland, the claimant shall be the guardian on behalf of the ward.

387,130 Section 130. 71.47 (2m) (a) 1. e. of the statutes is amended to read:

71.47 (2m) (a) 1. e. For purposes of filing a claim under this subsection, when a guardian has been appointed under ch. 880 in this state for a ward who owns the farmland, the claimant shall be the guardian on behalf of the ward.

387,131 Section 131. 71.58 (1) (f) of the statutes is amended to read:

71.58 (1) (f) For purposes of filing a claim under this subchapter, when a guardian has been appointed under ch. 880 in this state for a ward who owns the farmland, the claimant shall be the guardian on behalf of the ward.

387,132 Section 132. 75.03 (title) of the statutes is amended to read:

75.03 (title) Redeeming lands of minors , incompetents or individuals adjudicated incompetent .

387,133 Section 133. 75.521 (8) of the statutes is amended to read:

75.521 (8) Duty of the court to enter judgment in default cases. In the event of the failure to redeem or answer by any person having the right to redeem or answer as hereinabove provided, such person and all persons claiming under and through that person, from and after the date of the filing of the list of tax liens in the office of the clerk of the circuit court of the county, shall be forever barred and foreclosed of all right, title and interest and equity of redemption in and to the parcel described in such list of the tax liens, and upon filing of an affidavit of such default or failure of redemption by the county treasurer of such county, the court in which such list of tax liens is filed, shall render final judgment ordering and adjudging that the county is vested with an estate in fee simple absolute in such lands, subject, however, to all unpaid taxes and charges which are subsequent to the latest dated valid tax lien appearing on the list specified in sub. (3) (b) and to recorded restrictions as provided by s. 75.14 (4) and all persons, both natural and artificial, including the state of Wisconsin, infants, incompetents individuals adjudicated incompetent, absentees, and nonresidents who may have had any right, title, interest, claim, lien or equity of redemption in such lands, are forever barred and foreclosed of such right, title, interest, claim, lien or equity of redemption. Such judgment shall be deemed to be based on the latest dated valid tax lien appearing on the list of tax liens. No personal judgment shall be entered against any person having or claiming to have any right, title or interest in or lien upon said lands. Such judgment shall have the effect of the issuance of a tax deed or deeds and of judgment to bar former owners and quiet title thereon.

387,134 Section 134. 75.521 (12) (b) of the statutes is amended to read:

75.521 (12) (b) This section shall apply to and be valid and effective with respect to all defendants even though one or more be infants, incompetents individuals adjudicated incompetent, absentees or nonresidents of the state of Wisconsin, provided that a guardian ad litem shall be appointed to serve for all persons known or unknown who have or may have an interest in the lands described in any list and who are or may be minors or incompetents individuals adjudicated incompetent at the date of filing such list. Such guardian ad litem may be appointed by the court without notice, and the fee for the services of the guardian ad litem as fixed by the court shall be paid by the county.

387,135 Section 135. 75.521 (13) (b) of the statutes is amended to read:

75.521 (13) (b) In the event that the court shall determine that the issue raised by the answer of the defendant is without merit, a final judgment to such effect shall be entered ordering and adjudging that the county is vested with an estate in fee simple absolute in such lands subject, however, to all unpaid taxes and charges which are subsequent to the latest dated tax lien appearing on the list specified in sub. (3) (b) and to recorded restrictions as provided by s. 75.14, and all persons, both natural and artificial, including the state of Wisconsin, infants, incompetents individuals adjudicated incompetent, absentees and nonresidents who may have had any right, title, interest, claim, lien or equity of redemption in such lands, are forever barred and foreclosed of such right, title, interest, claim, lien or equity of redemption. Such judgment shall be deemed to be based on the latest dated tax lien appearing on the list of tax liens. Such judgment shall have the effect of the issuance of a tax deed or deeds and of judgment to bar former owners and quiet title thereon.

387,136 Section 136. 88.04 (2) of the statutes is amended to read:

88.04 (2) If any minor or individual adjudicated incompetent person owns land in a drainage district or proposed drainage district or proposed annex to a drainage district, the general guardian or next of kin of such the minor or incompetent individual may sign petitions under this chapter for and on behalf of the minor or incompetent.

387,137 Section 137. 88.10 of the statutes is amended to read:

88.10 Guardian ad litem; failure to appoint. Failure to appoint a guardian ad litem in a proceeding under this chapter is not jurisdictional, but when the failure is discovered a guardian ad litem shall be appointed and an order served upon the guardian ad litem to show cause why the minor or incompetent individual adjudicated incompetent should not be bound by all prior proceedings pertaining to the drainage district. On such a hearing the court shall enter such order or judgment as the facts warrant.

387,138 Section 138. 92.03 (4) (intro.) of the statutes is amended to read:

92.03 (4) (intro.) "Landowner" means any person over 18 years of age and any partnership, limited liability company, firm, or corporation that holds title to land lying within a county, whether or not this land is subject to easement, mortgage, lien, lease, or restrictive covenant, except that this term does not include any person who is under guardianship, a person who is adjudicated incompetent, or a person who is mentally ill. A person, partnership, limited liability company, firm, or corporation is deemed to hold title to land if the person, partnership, limited liability company, firm, or corporation has any of the following:

387,139 Section 139. 93.11 (6) (a) 1. of the statutes is amended to read:

93.11 (6) (a) 1. That the licensee is adjudicated incompetent.

387,140 Section 140. 114.135 (2) of the statutes is amended to read:

114.135 (2) Notice; claim for damages. In case of any airport landing field or landing and take-off strip owned by any city, village, town, or county or any union of them, the commission or other body in charge of the operation and control of the airport, landing field, or landing and take-off strip may prepare and record without charge with the register of deeds plans and specifications showing the protection privileges sought as described in sub. (1). The commission or other body in charge shall send by registered mail with return receipt to each owner at his or her last-known address a notice stating that the plans and specifications have been recorded with the register of deeds' office, stating the county, time of recording, the record number, and a brief description of the parcel of land or interest therein affected. If the address of the owner cannot be ascertained or the registered letter is returned unclaimed, notice shall be sent by registered mail to the person in possession of the premises. If no person is in possession, then the notice shall be posted in a conspicuous place on the land involved and published as a class 3 notice, under ch. 985, in the area affected. The right of the owner to claim for damages for the protection regulations imposed in the plans and specifications, or the removal of obstructions shall be forever barred, unless the owner files a claim for damages with the commission or other body in charge within 6 months from the receipt of the notice from the commission, or other body in charge, or the posting and last publication. The claim shall be verified and shall state the amount of damages claimed. The commission or other body in charge may pay the damages, if it has available funds, and the payment shall operate as a conveyance. If no claims for payment are filed or if payment is made, the commission or other body in charge shall file an affidavit for each parcel involved setting forth the rights acquired which shall be recorded by the register of deeds without charge and when so recorded has the same effect as any recorded instrument. If any owner is a minor or is adjudicated incompetent, the notice may be sent by registered mail to the owner's guardian, if he or she has one, and if there is none the circuit court of the county in which the land, or a larger part, is located shall upon application of the commission or other body in charge appoint a guardian to receive the notice, and to protect the rights of the owner. Any funds payable to the owner shall be cared for in the manner provided in ch. 880 54. If the commission or other body in charge determines that the damages claimed are excessive, it shall so report to the governing body that established the airport, landing field or landing and take-off strip in question and with its consent may acquire in the name of the governmental body the protection privilege desired in the manner set forth in sub. (1) or it may deposit with the county clerk an award and notify the owner of the land involved in the method specified in this subsection. The landowner may accept the award without prejudice to his or her right to claim and contest for a greater sum. The landowner may, within a period of 6 months after notice of the award, proceed as provided in ch. 32 to have the damages appraised.

387,141 Section 141. 115.76 (12) (b) 2. of the statutes is amended to read:

115.76 (12) (b) 2. The state, a county, or a child welfare agency, if a child was made a ward of the state, county, or child welfare agency under ch. 54 or ch. 880, 2003 stats., or if a child has been placed in the legal custody or guardianship of the state, county, or child welfare agency under ch. 48 or ch. 767.

387,142 Section 142. 115.797 (1) (c) of the statutes is amended to read:

115.797 (1) (c) "Party" means a competent adult pupil or the parent of a child or incompetent adult pupil adjudicated incompetent who is the subject of a dispute, and the local educational agency.

387,143 Section 143. 115.807 (intro.) of the statutes is amended to read:

115.807 Transfer of parental rights at age of majority. (intro.) When a child with a disability, other than a child with a disability who has been determined to be adjudicated incompetent under ch. 880 in this state, reaches the age of 18, all of the following apply:

387,144 Section 144. 146.34 (1) (d) of the statutes is amended to read:

146.34 (1) (d) "Guardian" means the person named by the court under ch. 48 or 54 or ch. 880, 2003 stats., having the duty and authority of guardianship.

387,145 Section 145. 146.81 (5) of the statutes is amended to read:

146.81 (5) "Person authorized by the patient" means the parent, guardian, or legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person vested with supervision of the child under s. 938.183 or 938.34 (4d), (4h), (4m), or (4n), the guardian of a patient adjudged adjudicated incompetent, as defined in s. 880.01 (3) and (4) in this state, the personal representative or spouse of a deceased patient, any person authorized in writing by the patient or a health care agent designated by the patient as a principal under ch. 155 if the patient has been found to be incapacitated under s. 155.05 (2), except as limited by the power of attorney for health care instrument. If no spouse survives a deceased patient, "person authorized by the patient" also means an adult member of the deceased patient's immediate family, as defined in s. 632.895 (1) (d). A court may appoint a temporary guardian for a patient believed incompetent to consent to the release of records under this section as the person authorized by the patient to decide upon the release of records, if no guardian has been appointed for the patient.

387,146 Section 146. 146.82 (2) (a) 9. a. of the statutes is amended to read:

146.82 (2) (a) 9. a. In this subdivision, "abuse" has the meaning given in s. 51.62 (1) (ag); "neglect" has the meaning given in s. 51.62 (1) (br); and "parent" has the meaning given in s. 48.02 (13), except that "parent" does not include the parent of a minor whose custody is transferred to a legal custodian, as defined in s. 48.02 (11), or for whom a guardian is appointed under s. 54.10 or s. 880.33, 2003 stats.

387,147 Section 147. 146.82 (2) (a) 9. c. of the statutes is amended to read:

146.82 (2) (a) 9. c. If the patient, regardless of age, has a guardian appointed under s. 54.10 or s. 880.33 , 2003 stats., or if the patient is a minor with developmental disability, as defined in s. 51.01 (5) (a), who has a parent or has a guardian appointed under s. 48.831 and does not have a guardian appointed under s. 54.10 or s. 880.33 , 2003 stats., information concerning the patient that is obtainable by staff members of the agency or nonprofit corporation with which the agency has contracted is limited, except as provided in subd. 9. e., to the nature of an alleged rights violation, if any; the name, birth date and county of residence of the patient; information regarding whether the patient was voluntarily admitted, involuntarily committed or protectively placed and the date and place of admission, placement or commitment; and the name, address and telephone number of the guardian of the patient and the date and place of the guardian's appointment or, if the patient is a minor with developmental disability who has a parent or has a guardian appointed under s. 48.831 and does not have a guardian appointed under s. 54.10 or s. 880.33, 2003 stats., the name, address and telephone number of the parent or guardian appointed under s. 48.831 of the patient.

387,148 Section 148. 146.83 (4) (b) of the statutes is amended to read:

146.83 (4) (b) Conceal or withhold a patient health care record with intent to prevent or obstruct an investigation or prosecution or with intent to prevent its release to the patient, to his or her guardian appointed under ch. 880, to his or her health care provider with a statement of informed consent, or under the conditions specified in s. 146.82 (2), or to a person with a statement of informed consent.

387,149 Section 149. 154.07 (2) of the statutes is amended to read:

154.07 (2) Effect of declaration. The desires of a qualified patient who is competent supersede the effect of the declaration at all times. If a qualified patient is adjudicated incompetent at the time of the decision to withhold or withdraw life-sustaining procedures or feeding tubes, a declaration executed under this subchapter is presumed to be valid. The declaration of a qualified patient who is diagnosed as pregnant by the attending physician has no effect during the course of the qualified patient's pregnancy. For the purposes of this subchapter, a physician or inpatient health care facility may presume in the absence of actual notice to the contrary that a person who executed a declaration was of sound mind at the time.

387,150 Section 150. 154.13 (2) (c) of the statutes is amended to read:

154.13 (2) (c) The court and all parties involved in proceedings in this state for guardianship of adjudication of incompetency and appointment of a guardian for the declarant under ch. 880, for emergency detention under s. 51.15, for involuntary commitment under s. 51.20, or for protective placement or protective services under ch. 55.

387,151 Section 151. 155.05 (1) of the statutes is amended to read:

155.05 (1) An individual who is of sound mind and has attained age 18 may voluntarily execute a power of attorney for health care. An individual for whom an adjudication of incompetence and appointment of a guardian of the person is in effect under ch. 880 in this state is presumed not to be of sound mind for purposes of this subsection executing a power of attorney for health care.

387,152 Section 152. 155.40 (2m) of the statutes is created to read:

155.40 (2m) If a principal, after executing a power of attorney for health care, is adjudicated incompetent in this state, the power of attorney for health care remains in effect, except that a court may under s. 54.46 (2) (b), for good cause shown, revoke the power of attorney for health care and invalidate the power of attorney for health care instrument, or limit the authority of the agent under the terms of the power of attorney for health care instrument.

387,153 Section 153. 155.60 (1) of the statutes is amended to read:

155.60 (1) Nothing in this chapter prohibits an individual from petitioning a court under ch. 880 in this state for a determination of incompetency and for appointment of a guardian for an individual who is a principal under this chapter.

387,154 Section 154. 155.60 (2) of the statutes is amended to read:

155.60 (2) If a court under s. 880.33 determines that an individual who is a principal is adjudicated incompetent or makes a finding of limited incompetency under s. 880.33 (3) and appoints a guardian for the individual in this state and a guardian is appointed for him or her, the power of attorney for health care executed under this chapter by the principal is revoked and the power of attorney for health care instrument is invalid, unless remains in effect, except that the court finds that may under s. 54.46 (2) (b), for good cause shown, revoke the power of attorney for health care and invalidate the power of attorney for health care instrument should remain in effect. If, or limit the authority of the agent under the terms of the power of the power of attorney for health care instrument. Unless the court makes this finding revocation or limitation, the guardian for the individual may not make health care decisions for the ward that may be made by the health care agent, unless the guardian is the health care agent.

387,155 Section 155. 155.65 (2) (c) of the statutes is amended to read:

155.65 (2) (c) The court and all parties involved in proceedings in this state for guardianship of adjudication of incompetency and appointment of a guardian for the principal under ch. 880, for emergency detention under s. 51.15, for involuntary commitment under s. 51.20, or for protective placement or protective services under ch. 55.

387,156 Section 156. 179.65 of the statutes is amended to read:

179.65 Power of estate of deceased or incompetent partner adjudicated incompetent. If a partner who is an individual dies or is adjudged adjudicated incompetent to manage his or her person or property, the partner's personal representative, guardian, conservator, or other legal representative may exercise all of the partner's rights for the purpose of settling his or her estate or administering his or her property, including any power the partner had to give an assignee the right to become a limited partner. If a partner is a corporation, limited liability company, trust, or other entity and is dissolved or terminated, the powers of that partner may be exercised by its legal representative or successor.

387,157 Section 157. 180.0103 (11) of the statutes is amended to read:

180.0103 (11) "Individual" includes the estate of an individual adjudicated incompetent or a deceased natural person.

387,158 Section 158. 181.0103 (14) of the statutes is amended to read:

181.0103 (14) "Individual" means a natural person. Except in ss. 181.0802 and 181.0840, "individual" includes the estate of an individual adjudicated incompetent or a deceased natural person.

387,159 Section 159. 186.10 (2) of the statutes is amended to read:

186.10 (2) Shares in trust. Shares may be issued in trust, subject to any conditions prescribed in the bylaws. Share accounts and deposit accounts may be held by a member in trust for a beneficiary, held by a nonmember in trust for a beneficiary who is a member or held by a nonmember custodian for a member pursuant to ss. 880.61 to 880.72 under ss. 54.854 to 54.898.

387,160 Section 160. 214.37 (4) (k) 1. of the statutes is amended to read:

214.37 (4) (k) 1. An affidavit stating that the person has standing under s. 867.01 (3) (ac) or 867.02 (2) (ac) to petition for summary settlement or assignment of a decedent's estate or that the person is an heir of the decedent, or was guardian, as defined in s. 54.01 (10) or s. 880.01 (3), 2003 stats., of the decedent at the time of the decedent's death, and may obtain transfer of property of a decedent under s. 867.03.

387,161 Section 161. 215.14 (9) (title) of the statutes is amended to read:

215.14 (9) (title) Savings accounts of deceased or incompetent persons.

387,162 Section 162. 215.26 (8) (e) 1. of the statutes is amended to read:

215.26 (8) (e) 1. Submits an affidavit stating that the person has standing under s. 867.01 (3) (ac) or 867.02 (2) (ac) to petition for summary settlement or assignment of a decedent's estate or that the person is an heir of the decedent, or was guardian, as defined in s. 54.01 (10) or s. 880.01 (3), 2003 stats., of the decedent at the time of the decedent's death, and may obtain transfer of property of a decedent under s. 867.03; and

387,163 Section 163. 223.03 (6) (intro.) of the statutes is amended to read:

223.03 (6) (intro.) To act as trustee, personal representative, registrar of stocks and bonds, custodian, agent, guardian of estates, guardian of any person the estate or guardian of the person of any individual subject to guardianship, assignee, receiver, and in any other fiduciary capacity authorized by the division, subject to all of the following conditions:

387,164 Section 164. 223.10 of the statutes is amended to read:

223.10 Organizations as fiduciaries. Except as provided in s. 880.35 54.15 (7), no court or probate registrar in this state may appoint or issue letters to any corporation, limited liability company, association, partnership or business trust as trustee, personal representative, guardian, conservator, assignee, receiver, or in any other fiduciary capacity unless such corporation, limited liability company, association, partnership or business trust is subject to regulation and examination under s. 223.105, or is a national bank, state or federal savings and loan association, state or federal savings bank or federal credit union with authority to exercise such powers, or is a foreign corporation operating under s. 223.12.

387,165 Section 165. 243.07 (3) (a) of the statutes is amended to read:

243.07 (3) (a) If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian of the estate, or other the individual who is the principal is adjudicated incompetent and a guardian is appointed for him or her, a conservator is appointed for him or her under s. 54.76, or another fiduciary is charged by a court with the management of all or some of the principal's property or all of his or her property except specified exclusions, the agent is accountable to the fiduciary as well as to the principal. Unless the court finds that the durable power of attorney should remain in effect, the fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if the principal were not disabled or incapacitated, the durable power of attorney executed under this chapter by the principal remains in effect, except that the court may under s. 54.46 (2) (c) or s. 54.76 (3g) or, for a fiduciary, after a hearing upon a petition, as applicable, for good cause shown, revoke the durable power of attorney and invalidate the basic power of attorney for finances and property or limit the authority of the agent under the terms of the basic power of attorney for finances and property. Unless the court makes this revocation or limitation, the guardian, conservator, or other fiduciary, as applicable, may not make decisions for the principal that may be made by the agent, unless the guardian, conservator, or fiduciary is the agent.

387,166 Section 166. 243.07 (3) (b) of the statutes is amended to read:

243.07 (3) (b) A principal may nominate, by a durable power of attorney, the conservator, guardian of his or her estate, or guardian of his or her person for consideration by the court if protective guardianship or conservatorship proceedings for the principal's person or estate are thereafter commenced after execution of the durable power of attorney. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.

387,167 Section 167. 243.10 (7) (c) of the statutes is created to read:

243.10 (7) (c) If a principal, after executing a durable power of attorney, is adjudicated incompetent in this state, has a conservator appointed for him or her, or a court charges another fiduciary with the management of all or some of his or her property, a court may under s. 54.46 (2) (c) or 54.76 (3g) or, for a fiduciary, after a hearing upon a petition, as applicable, for good cause shown, revoke the durable power of attorney or limit the authority of the agent under the terms of the durable power of attorney.

387,168 Section 168. 252.15 (2) (a) 4. a. of the statutes is amended to read:

252.15 (2) (a) 4. a. The individual has been adjudicated incompetent under ch. 880 in this state, is under 14 years of age or is unable to give consent because he or she is unable to communicate due to a medical condition.

387,169 Section 169. 252.15 (2) (a) 4. b. of the statutes is amended to read:

252.15 (2) (a) 4. b. The health care provider obtains consent for the testing from the individual's guardian, if the individual is adjudicated incompetent under ch. 880 in this state; from the individual's parent or guardian, if the individual is under 14 years of age; or from the individual's closest living relative or another with whom the individual has a meaningful social and emotional relationship if the individual is not a minor nor adjudicated incompetent.