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.
387,259
Section
259. 814.66 (1) (m) of the statutes is amended to read:
814.66 (1) (m) For filing a petition under s. 880.155 54.56, whether in a guardianship or temporary guardianship proceeding or to commence an independent action, $60.
387,260
Section
260. 814.66 (1) (n) of the statutes is created to read:
814.66 (1) (n) For depositing or disbursing money under s. 54.12 (1) (a), a fee of $10 or 0.5 percent of the amount deposited, whichever is greater at the time the money is deposited with the register in probate, and a fee of $10 whenever any withdrawal is made of the money deposited with the register in probate.
387,261
Section
261. 842.25 of the statutes is amended to read:
842.25 Incompetent's share
Share of individual adjudicated incompetent. The share of any ward shall be paid to the general guardian of the ward's estate of the ward, except under s. 54.12 (1) or s. 880.04 (2), 2003 stats.
387,262
Section
262. 851.72 (2) of the statutes is amended to read:
851.72 (2) Keep a court record of every proceeding in the court under chs. 54 and 851 to 880 879 under its proper title, a brief statement of the nature of the proceeding and of all papers filed therein, with the date of filing and a reference to where minute records can be found or to the microfilm or optical disk or electronic file where papers have been stored so that the court record is a complete index or brief history of each proceeding from beginning to final disposition.
387,263
Section
263. 851.72 (3) of the statutes is amended to read:
851.72 (3) Keep a minute record and enter therein a brief statement of all proceedings of the court under chs. 54 and 851 to 880 879 during its sessions, all motions made and by whom, all orders granted in open court or otherwise, and the names of all witnesses sworn or examined. If this information is all included in the court record, the judge may direct that the minute record be no longer kept.
387,264
Section
264. 851.73 (1) (a) of the statutes is amended to read:
851.73 (1) (a) May make orders for hearings when the judge is away from the county seat or unable to discharge duties or when given authority in writing by the judge and an application is made to the court in a proceeding under chs. 54 and 851 to 880
879 requiring notice of hearing. The order and notice when signed "by the court, ...., register in probate" has the same effect as if signed by the judge.
387,265
Section
265. 854.08 (5) (title) of the statutes is amended to read:
854.08 (5) (title) Sale or loss of property of an individual adjudicated incompetent.
387,266
Section
266. 854.13 (2) (f) of the statutes is amended to read:
854.13 (2) (f) Disclaimer by guardian or conservator. A guardian of the estate or a conservator appointed under ch. 54 or ch. 880, 2003 stats., may disclaim on behalf of his or her ward, with court approval, if the ward is entitled to disclaim under this section.
387,267
Section
267. 854.17 of the statutes is amended to read:
854.17 Classification; how determined. In chs. 54 and 851 to 882, classification of the property of a decedent spouse and surviving spouse is determined under ch. 766.
387,268
Section
268. 857.15 of the statutes is amended to read:
857.15 When personal representative removed, resigns. The judge may accept the written resignation of any personal representative. When a personal representative becomes is adjudicated incompetent, disqualified, unsuitable, incapable of discharging the personal representative's duties, or is a nonresident of this state who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate and caused such appointment to be filed with the court, the court shall remove the personal representative. When any personal representative has failed to perform any duty imposed by law or by any lawful order of the court or has ceased to be a resident of the state, the court may remove the personal representative. When grounds for removal appear to exist, the court on its own motion or on the petition of any person interested shall order the personal representative to appear and show cause why the personal representative should not be removed.
387,269
Section
269. 860.13 of the statutes is amended to read:
860.13 Who not to be purchaser, mortgagee or lessee without court approval. The personal representative may not be interested as a purchaser, mortgagee, or lessee of any property in the estate unless the purchase, mortgage, or lease is made with the written consent of the persons interested and of the guardian ad litem for minors and incompetents individuals adjudicated incompetent or with the approval of the court after petition and hearing on notice given under s. 879.03 to all persons interested, or unless the will of the decedent specifically authorizes the personal representative to be interested as a purchaser, mortgagee, or lessee.
387,270
Section
270. 862.03 (title) of the statutes is amended to read:
862.03 (title) Account of incompetent, deceased or removed personal representative adjudicated incompetent, deceased, or removed.
387,271
Section
271. 862.03 (1) of the statutes is amended to read:
862.03 (1) Incompetent personal Personal representative adjudicated incompetent. If a personal representative is adjudged adjudicated incompetent, the account under s. 862.01 shall be filed by the personal representative's guardian, or, if the personal representative's guardian fails to file, then by the personal representative's bondsman. If neither the guardian nor the bondsman files an account, the court shall appoint a special administrator to file the account of the incompetent personal representative who is adjudicated incompetent.
387,272
Section
272. 862.03 (4) of the statutes is amended to read:
862.03 (4) Payment for preparation. The person who prepares and files an account in accordance with this section shall be allowed the reasonable value of the person's services to be paid out of the estate, and the fees of the incompetent, deceased or removed personal representative who is adjudicated incompetent, deceased, or removed shall be reduced accordingly.
387,273
Section
273. 863.43 of the statutes is amended to read:
863.43 Distribution to ward; notice. At least 10 days prior to distribution of a share or legacy for the benefit of a minor or individual adjudicated incompetent for whom a guardian of the minor's or incompetent's estate has been appointed, the personal representative shall notify the court appointing the guardian of the estate, in writing, the total property to be distributed to the guardian of the estate for the benefit of the guardian's ward. An affidavit of mailing the notice shall be filed before making the distribution.
387,274
Section
274. 863.45 of the statutes is amended to read:
863.45 Receipts from guardians. If a distributee of an estate is a minor or an individual adjudicated incompetent and has within this state a guardian of his or her estate, the personal representative shall deliver the money or other property to the guardian of the estate, take a receipt from the guardian of the estate, and file the receipt with the court. The court shall transmit a certified copy of the receipt to the court which appointed the guardian of the estate.
387,275
Section
275. 865.02 (1) (b) 1. of the statutes is amended to read:
865.02 (1) (b) 1. All interested persons request or consent in writing to informal administration and to the appointment of the same person as personal representative. A guardian or guardian ad litem may consent on behalf of an interested person who is a minor or is an individual adjudicated incompetent. The probate registrar may appoint a guardian ad litem, and shall have the authority, for such purpose, granted to the court by, and shall proceed pursuant to s. 879.23.
387,276
Section
276. 865.03 (1) of the statutes is amended to read:
865.03 (1) A formal proceeding in this chapter is a judicial proceeding before the court involving the administration of the estate of a decedent, including a court proceeding concerning the use or availability of this chapter. It is distinguished from an administrative proceeding before the probate registrar. Formal proceedings, either as to a particular issue or as to the entire subsequent administration of the estate, may be initiated by the personal representative or by any interested person at any time by a written demand therefor. Formal proceedings may be demanded by a guardian or guardian ad litem on behalf of an interested person who is a minor or otherwise is an individual adjudicated incompetent.
387,277
Section
277. 867.03 (1c) of the statutes is amended to read:
867.03 (1c) Definition. In this section, "guardian" has the meaning given in s. 54.01 (10) or s. 880.01 (3), 2003 stats.
387,278
Section
278. 878.07 (4) of the statutes is amended to read:
878.07 (4) Separate and joint actions; action by ward; accounting, when unnecessary. An action upon a bond by or in behalf of one person interested does not bar or in any way affect the right of any other person interested to maintain an action thereon, but separate actions or a joint action may be maintained thereon by or in behalf of any or all persons interested, but the action does not impair any other remedy of the ward. An accounting is not necessary before bringing an action against sureties when if the personal representative, special administrator, guardian, or trustee dies or, moves out of the state, or becomes is adjudicated incompetent.
387,279
Section
279. 879.09 of the statutes is amended to read:
879.09 Notice requirement satisfied by waiver of notice. Persons who are not minors or individuals adjudicated incompetent, on behalf of themselves, and appointed guardians ad litem and guardians of the estate on behalf of themselves and those whom they represent, may in writing waive the service of notice upon them and consent to the hearing of any matter without notice, except that guardians ad litem cannot waive the notice of a hearing to prove a will or for administration on behalf of those whom they represent. An attorney, or attorney-in-fact, for a person in the military service may waive notice on behalf of himself or herself but cannot waive notice on behalf of the person in the military service. Waiver of notice by any person is equivalent to timely service of notice.
387,280
Section
280. 879.11 of the statutes is amended to read:
879.11 Notice requirement satisfied by appearance. An appearance by a person who is not a minor or an individual adjudicated incompetent is equivalent to timely service of notice upon the person. An appearance by a guardian of the estate is equivalent to timely service of notice upon the guardian and upon the guardian's ward. An appearance by a guardian ad litem is equivalent to timely service of notice upon the guardian ad litem and except at a hearing to prove a will or for administration is equivalent to timely service of notice upon those whom the guardian ad litem represents. An appearance by an attorney, or an attorney-in-fact, for a person in the military service is equivalent to timely service of notice upon the attorney or attorney-in-fact but does not satisfy a requirement for notice to the person in the military service.
387,281
Section
281. 879.13 of the statutes is amended to read:
879.13 Delayed service of notice. If for any reason notice to any person, including a minor or an individual adjudicated incompetent, is insufficient, the court may at any time order service of notice together with documents required under ss. 858.03 and 862.09 and, where required, appoint a guardian ad litem under s. 879.23 and require the person or the person's guardian ad litem to show cause why the person should not be bound by the action already taken in the proceedings as though the person had been timely served with notice. Such person may consent in writing to be bound.
