2005 Wisconsin Act 387

786.19 Ward's particular estate, disposition. Where the interest of the minor or individual adjudicated incompetent person in real estate consists of an estate for life or for years the court or presiding judge may, by order, authorize the guardian to join with the person individual holding the reversionary estate in a conveyance of the property to which such interest attaches, so as to fully convey the particular estate, on receiving from the proceeds of the sale a gross sum in satisfaction of such estate or such proceeds or the proper portion thereof to be invested, and the interest thereon paid to the person individual having such the estate until the termination thereof; in either case the amount to be ascertained as prescribed in s. 786.18. When the proceeds or a proportionate part of such proceeds is received by the guardian for investment, the order of the court or presiding judge must provide for the investment thereof until termination of the particular estate, and then for the payment thereof to the person individual entitled thereto.

387,215 Section 215. 786.20 of the statutes is amended to read:

786.20 Minor, or incompetent , ward of the court. From the time of application on behalf of a minor or of an incompetent person having no guardian for the disposition of property, the minor or incompetent person shall be considered the ward of the court in which the application is made, so far as it relates to property, its proceeds and income.

387,216 Section 216. 786.21 of the statutes is amended to read:

786.21 Estate of individual adjudicated incompetent, management. The real estate of an individual adjudicated incompetent person shall may not be leased for more than 5 years, or mortgaged or disposed of otherwise than is authorized and directed by this chapter.

387,217 Section 217. 786.25 (1) of the statutes is amended to read:

786.25 (1) If a minor or individual adjudicated incompetent person residing outside this state owns any right, title, or interest in or to any real estate in this state and has a guardian or conservator who has been appointed in the state, territory or, district, or country where he or she resides and no guardian appointed in this state, the foreign guardian or conservator may file a copy of the appointment, authenticated so as to make the same receivable in evidence, in the circuit court for the county in which the real estate of the minor or individual adjudicated incompetent person is situated.

387,218 Section 218. 786.25 (2) of the statutes is amended to read:

786.25 (2) Upon filing of the appointment under sub. (1) and proper application, the foreign guardian or conservator may be licensed by the court or presiding judge to lease, mortgage, or sell the real estate of his or her ward in the county under sub. (1), or any portion thereof, or interest therein, in the same manner and upon the same terms and conditions and for the same purposes as prescribed in this chapter in the case of a guardian appointed in this state. The court, or the presiding judge thereof, may, upon the petition of such foreign guardian or conservator, appoint some suitable person residing in this state, special guardian of the minor or individual adjudicated incompetent person to make the lease, mortgage, or sale in the manner provided by this chapter.

387,219 Section 219. 786.25 (3) of the statutes is amended to read:

786.25 (3) In case a special guardian shall be appointed the moneys arising from such lease, mortgage or sale shall be paid out and disposed of or invested as may be directed by the court or judge appointing such special guardian. The duly authenticated copy of the appointment of any guardian or conservator appointed in any other state, district, territory, or country together with a duly authenticated copy of the appointment of the special guardian of such minor or individual adjudicated incompetent person, shall also be properly recorded and tract indexed at the ward's expense in the office of the register of deeds of the county in which such real estate is situated.

387,220 Section 220. 801.11 (2) (intro.) of the statutes is amended to read:

801.11 (2) Natural person under disability. (intro.) Upon a natural person under disability by serving the summons in any manner prescribed in sub. (1) upon such the person under disability and, in addition, where required by par. (a) or (b), upon a person therein designated. A minor 14 years of age or older who is not mentally adjudicated incompetent and not otherwise under guardianship is not a person under disability for purposes of this subsection.

387,221 Section 221. 801.11 (2) (b) of the statutes is amended to read:

801.11 (2) (b) Where the person under disability is known by the plaintiff to be under guardianship of any kind, a summons shall be served separately upon the guardian in any manner prescribed in sub. (1), (5) or (6). If no guardian has been appointed when service is made upon a person known to alleged by the plaintiff to be incompetent to have charge of the person's affairs, then service of the summons shall be made upon the guardian ad litem after appointment under s. 803.01.

387,222 Section 222. 802.10 (1) of the statutes is amended to read:

802.10 (1) Application. This section applies to all actions and special proceedings except appeals taken to circuit court,; actions seeking the remedy available by certiorari, habeas corpus, mandamus, prohibition, and quo warranto,; actions in which all defendants are in default,; provisional remedies,; and actions under ss. 49.90 and s. 66.0114 and chs. 48, 54, 102, 108, 227, 348, 767, 778, 799 and 812, and proceedings under chs. 851 to 882.

387,223 Section 223. 803.01 (3) (title) of the statutes is amended to read:

803.01 (3) (title) Infants Minors or individuals alleged or adjudicated incompetent persons .

387,224 Section 224. 803.01 (3) (a) of the statutes is amended to read:

803.01 (3) (a) Appearance by guardian or guardian ad litem. If a party to an action or proceeding is a minor, or if the court has reason to believe that a party is mentally adjudicated incompetent or alleged to be incompetent to have charge of the party's affairs, the party shall appear by an attorney, by the general guardian of the party's property estate of the party who may appear by attorney, or by a guardian ad litem who may appear by an attorney. A guardian ad litem shall be appointed in all cases where in which the minor or individual alleged to be incompetent has no general guardian of property the estate, or where in which the general guardian fails to appear and act on behalf of the ward or individual adjudicated incompetent, or where in which the interest of the minor or individual adjudicated incompetent is adverse to that of the general guardian. Except as provided in s. 807.10, if the general guardian does appear and act and the interests of the general guardian are not adverse to the minor or individual adjudicated incompetent, a guardian ad litem shall may not be appointed. Except as provided in s. 879.23 (4), where if the interests of the minor or mentally individual alleged to be or adjudicated incompetent person are represented by an attorney of record, the court shall, except upon good cause stated in the record, appoint that attorney as the guardian ad litem.

387,225 Section 225. 803.01 (3) (b) 2. of the statutes is amended to read:

803.01 (3) (b) 2. When the plaintiff is a minor 14 years of age or over, upon the plaintiff's application or upon the state's application under s. 767.045 (1) (c); or if the plaintiff is under that age or is mentally adjudicated incompetent or alleged to be incompetent, upon application of the plaintiff's guardian or of a relative or friend or upon application of the state under s. 767.045 (1) (c). If the application is made by a relative, a friend, or the state, notice thereof must first be given to the guardian if the plaintiff has one in this state; if the plaintiff has none, then to the person with whom the minor or mentally individual adjudicated incompetent resides or who has the minor or mentally individual adjudicated incompetent in custody.

387,226 Section 226. 803.01 (3) (b) 3. of the statutes is amended to read:

803.01 (3) (b) 3. When the defendant is a minor 14 years of age or over, upon the defendant's application made within 20 days after the service of the summons or other original process; if the defendant is under that age or neglects to so apply or is mentally adjudicated incompetent or alleged to be incompetent, then upon the court's own motion or upon the application of any other party or any relative or friend or the defendant's guardian upon such notice of the application as the court directs or approves.

387,227 Section 227. 803.01 (3) (b) 4. of the statutes is amended to read:

803.01 (3) (b) 4. If the appointment, for a plaintiff or a defendant, is after the commencement of the action, it shall be upon motion entitled in the action. If the appointment is for a plaintiff and is made before the action is begun, the petition for appointment shall be entitled in the name of the action proposed to be brought by the minor or individual adjudicated incompetent or alleged to be incompetent, and the appointment may be made before the summons is served. Upon the filing of a petition for appointment before summons, the clerk may impose the fee required for the commencement of an action, but in that event no additional commencement fee may be imposed when the summons is filed.

387,228 Section 228. 803.01 (3) (b) 5. of the statutes is amended to read:

803.01 (3) (b) 5. The motion or petition under subd. 4. shall state facts showing the need and authority for the appointment. The hearing on the motion or petition under subd. 4., if made by a minor or mentally an individual adjudicated incompetent or alleged to be incompetent person for such person's the minor's or individual's guardian ad litem, may be held without notice and the appointment made by order. If the motion or petition is made for a minor or mentally an individual adjudicated incompetent or alleged to be incompetent who is an adverse party, the hearing shall be on notice.

387,229 Section 229. 803.01 (3) (b) 6. of the statutes is amended to read:

803.01 (3) (b) 6. If a compromise or a settlement of an action or proceeding to which an unrepresented minor or mentally individual adjudicated incompetent or alleged to be incompetent person is a party is proposed, a guardian ad litem shall be appointed, upon petition in a special proceeding, to protect the interest of the minor or incompetent individual even though commencement of an action is not proposed. Any compromise or settlement shall be subject to s. 807.10.

387,230 Section 230. 803.01 (3) (c) (title) of the statutes is amended to read:

803.01 (3) (c) (title) Procedure where minor or incompetent not represented for unrepresented person.

387,231 Section 231. 803.01 (3) (c) 2. (intro.) of the statutes is amended to read:

803.01 (3) (c) 2. (intro.) If the court finds after the entry of judgment or final order that a person, who at the time of entry of judgment or final order was a minor or mentally an individual adjudicated or alleged to be incompetent, was not represented in the action or proceeding by an attorney of record or otherwise represented as provided in par. (a) the judgment or order shall be vacated on motion of:

387,232 Section 232. 803.01 (3) (c) 2. a. of the statutes is amended to read:

803.01 (3) (c) 2. a. The minor or mentally individual adjudicated or alleged to be incompetent, for whom no appointment was made, at any time prior to the expiration of one year after the disability is removed; or

387,233 Section 233. 803.01 (3) (c) 2. b. of the statutes is amended to read:

803.01 (3) (c) 2. b. The personal representative of such the minor or mentally individual adjudicated or alleged to be incompetent at any time prior to the expiration of one year after the death of the minor or mentally incompetent individual.

387,234 Section 234. 803.10 (2) of the statutes is amended to read:

803.10 (2) Incompetency. If a party becomes is adjudicated incompetent, the court upon motion served as provided in sub. (1) may allow the action to be continued by or against the incompetent party's representative.

387,235 Section 235. 804.02 (1) (b) of the statutes is amended to read:

804.02 (1) (b) Notice and service. The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will move the court, at a time and place named therein, for the order described in the petition. At least 20 days before the date of hearing the notice shall be served either within or without the state in the manner provided in s. 801.11 for service of summons; but if such service cannot with due diligence be made upon any expected adverse party named in the petition, the court may make such order as is just for service by publication or otherwise, and shall appoint, for persons not served in the manner provided in s. 801.11, an attorney who shall represent them, and, in case they are not otherwise represented, shall cross-examine the deponent. If any expected adverse party is a minor or is an individual adjudicated or alleged to be incompetent, s. 803.01 (3) applies.

387,236 Section 236. 806.04 (4) (intro.) of the statutes is amended to read:

806.04 (4) Representatives, etc. (intro.) Any person interested as or through a personal representative, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the administration of a trust, or of the estate of a decedent, infant, mental individual adjudicated incompetent, or insolvent, may have a declaration of rights or legal relations in respect to the administration of the trust or estate for any of the following purposes:

387,237 Section 237. 807.10 (title) of the statutes is amended to read:

807.10 (title) Settlements in behalf of minors or individuals adjudicated incompetent; judgments.

387,238 Section 238. 807.10 (1) of the statutes is amended to read:

807.10 (1) A compromise or settlement of an action or proceeding to which a minor or mentally individual adjudicated incompetent person is a party may be made by the general guardian, if the guardian is represented by an attorney, or the guardian ad litem with the approval of the court in which such action or proceeding is pending.

387,239 Section 239. 807.10 (2) of the statutes is amended to read:

807.10 (2) A cause of action in favor of or against a minor or mentally individual adjudicated incompetent person may, without the commencement of an action thereon, be settled by the general guardian, if the guardian is represented by an attorney, with the approval of the court appointing the general guardian, or by the guardian ad litem with the approval of any court of record. An order approving a settlement or compromise under this subsection and directing the consummation thereof shall have the same force and effect as a judgment of the court.

387,240 Section 240. 807.10 (3) of the statutes is amended to read:

807.10 (3) If the amount awarded to a minor or individual adjudicated incompetent by judgment or by an order of the court approving a compromise settlement of a claim or cause of action of the minor or individual does not exceed $10,000 the amount specified under s. 867.03 (1g) (intro.), exclusive of interest and costs and disbursements, and if there is no general guardian of the ward, the court may upon application by the guardian ad litem after judgment, or in the order approving settlement, fix and allow the expenses of the action, including attorney fees and fees of guardian ad litem, authorize the payment of the total recovery to the clerk of the court, authorize and direct the guardian ad litem upon the payment to satisfy and discharge the judgment, or to execute releases to the parties entitled thereto, and enter into a stipulation dismissing the action upon its merits. The order shall also direct the clerk upon the payment to pay the costs and , disbursements, and expenses of the action and to dispose of the balance in one of the manners a manner provided in s. 880.04 (2) 54.12 (1), as selected by the court. The fee for the clerk's services for handling, depositing, and disbursing funds under this subsection is prescribed in s. 814.61 (12) (a).

387,241 Section 241. 807.13 (2) (intro.) of the statutes is amended to read:

807.13 (2) Evidentiary hearings. (intro.) In civil actions and proceedings, including those under chs. 48, 51, 54, and 55 and 880, the court may admit oral testimony communicated to the court on the record by telephone or live audiovisual means, subject to cross-examination, when:

387,242 Section 242. 808.075 (4) (f) (intro.) of the statutes is amended to read:

808.075 (4) (f) (intro.) In a case under ch. 880 54:

387,243 Section 243. 808.075 (4) (f) 1. of the statutes is amended to read:

808.075 (4) (f) 1. Review a bond under s. 880.125, 880.13 or 880.60 (9) 54.46 (4) or 54.852 (9).

387,244 Section 244. 808.075 (4) (f) 2. of the statutes is amended to read:

808.075 (4) (f) 2. Release of deposited funds under s. 880.13 (2) (b) 54.46 (4) (b) 3..

387,245 Section 245. 808.075 (4) (f) 3. of the statutes is amended to read:

808.075 (4) (f) 3. Order for visitation under s. 880.155 54.56.

387,246 Section 246. 808.075 (4) (f) 4. of the statutes is amended to read:

808.075 (4) (f) 4. Appointment of successor guardian under s. 880.17 54.54 (1).

387,247 Section 247. 808.075 (4) (f) 5. of the statutes is amended to read:

808.075 (4) (f) 5. Approval of guardian's exercise of marital property rights under s. 880.173 54.20 (2) (h).

387,248 Section 248. 808.075 (4) (f) 6. of the statutes is amended to read:

808.075 (4) (f) 6. Approval of management of property under s. 880.19 54.19 or 54.20.

387,249 Section 249. 808.075 (4) (f) 7. of the statutes is amended to read:

808.075 (4) (f) 7. Direction for use of estate for benefit of wards under s. 880.21 54.19 (4).

387,250 Section 250. 808.075 (4) (f) 8. of the statutes is amended to read:

808.075 (4) (f) 8. Examination of annual accounts and assets under s. 880.25 ss. 54.62 and 54.66.

387,251 Section 251. 808.075 (4) (f) 9. of the statutes is amended to read:

808.075 (4) (f) 9. Removal of guardian under s. 880.251 54.68 (4) (d).

387,252 Section 252. 808.075 (4) (f) 11. of the statutes is amended to read:

808.075 (4) (f) 11. Termination of guardianship under s. 880.26 54.64.

387,253 Section 253. 808.075 (4) (f) 12. of the statutes is amended to read:

808.075 (4) (f) 12. Restoration of specific legal rights under s. 880.33 (3) 54.64 (2) (c).

387,254 Section 254. 808.075 (4) (f) 13. of the statutes is amended to read:

808.075 (4) (f) 13. Authorization of purchase of a home for a ward under s. 880.60 54.852 (15) (a).

387,255 Section 255. 813.12 (5) (d) of the statutes is amended to read:

813.12 (5) (d) A petition may be prepared and filed by the person who alleges that he or she has been the subject of domestic abuse or by the guardian, as defined in s. 880.01 (3), of an incompetent individual, as defined in s. 880.01 (4), adjudicated incompetent in this state who has been the subject of domestic abuse.

387,256 Section 256. 813.123 (3) (b) 1. of the statutes is amended to read:

813.123 (3) (b) 1. That a guardian ad litem be appointed under s. 880.331 (1) for the vulnerable adult.

387,257 Section 257. 814.61 (12) (a) 1. of the statutes is amended to read:

814.61 (12) (a) 1. For receiving a trust fund, or handling or depositing money under s. 757.25, or 807.10 (3) or 880.04 (2) (a), at the time the money is deposited with the clerk, a fee of $10 or 0.5% 0.5 percent of the amount deposited, whichever is greater. In addition, a fee of $10 shall be charged upon each withdrawal of any or all of the money deposited with the clerk.

387,258 Section 258. 814.66 (1) (b) 2. of the statutes is amended to read:

814.66 (1) (b) 2. For filing a petition for guardianship of the estate under ch. 880 54 or an application for conservatorship under ch. 880 s. 54.76, if the value of the property, less encumbrances, liens or charges, is $10,000 the amount specified under s. 867.03 (1g) (intro.) or less, a fee of $20 and, if more than $10,000 the amount specified under s. 867.03 (1g) (intro.), a fee of 0.2% 0.2 percent of the value of the property, less encumbrances, liens or charges.