Amendment SSA1-SB391

SB391-SSA1,164,14 803.01 (3) (c) (title) Procedure where minor or incompetent not represented for unrepresented person.

SB391-SSA1, s. 231 Section 231. 803.01 (3) (c) 2. (intro.) of the statutes is amended to read:

SB391-SSA1,164,21 803.01 (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:

SB391-SSA1, s. 232 Section 232. 803.01 (3) (c) 2. a. of the statutes is amended to read:

SB391-SSA1,164,25 803.01 (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

SB391-SSA1, s. 233 Section 233. 803.01 (3) (c) 2. b. of the statutes is amended to read:

SB391-SSA1,165,5 803.01 (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.

SB391-SSA1, s. 234 Section 234. 803.10 (2) of the statutes is amended to read:

SB391-SSA1,165,9 803.10 (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.

SB391-SSA1, s. 235 Section 235. 804.02 (1) (b) of the statutes is amended to read:

SB391-SSA1,165,22 804.02 (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.

SB391-SSA1, s. 236 Section 236. 806.04 (4) (intro.) of the statutes is amended to read:

SB391-SSA1,166,4 806.04 (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:

SB391-SSA1, s. 237 Section 237. 807.10 (title) of the statutes is amended to read:

SB391-SSA1,166,7 807.10 (title) Settlements in behalf of minors or individuals adjudicated incompetent; judgments.

SB391-SSA1, s. 238 Section 238. 807.10 (1) of the statutes is amended to read:

SB391-SSA1,166,13 807.10 (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.

SB391-SSA1, s. 239 Section 239. 807.10 (2) of the statutes is amended to read:

SB391-SSA1,166,21 807.10 (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.

SB391-SSA1, s. 240 Section 240. 807.10 (3) of the statutes is amended to read:

SB391-SSA1,167,13 807.10 (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).

SB391-SSA1, s. 241 Section 241. 807.13 (2) (intro.) of the statutes is amended to read:

SB391-SSA1,167,18 807.13 (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:

SB391-SSA1, s. 242 Section 242. 808.075 (4) (f) (intro.) of the statutes is amended to read:

SB391-SSA1,167,20 808.075 (4) (f) (intro.) In a case under ch. 880 54:

SB391-SSA1, s. 243 Section 243. 808.075 (4) (f) 1. of the statutes is amended to read:

SB391-SSA1,167,23 808.075 (4) (f) 1. Review a bond under s. 880.125, 880.13 or 880.60 (9) 54.46 (4) or 54.852 (9).

SB391-SSA1, s. 244 Section 244. 808.075 (4) (f) 2. of the statutes is amended to read:

SB391-SSA1,168,2 808.075 (4) (f) 2. Release of deposited funds under s. 880.13 (2) (b) 54.46 (4) (b) 3..

SB391-SSA1, s. 245 Section 245. 808.075 (4) (f) 3. of the statutes is amended to read:

SB391-SSA1,168,4 808.075 (4) (f) 3. Order for visitation under s. 880.155 54.56.

SB391-SSA1, s. 246 Section 246. 808.075 (4) (f) 4. of the statutes is amended to read:

SB391-SSA1,168,6 808.075 (4) (f) 4. Appointment of successor guardian under s. 880.17 54.54 (1).

SB391-SSA1, s. 247 Section 247. 808.075 (4) (f) 5. of the statutes is amended to read:

SB391-SSA1,168,9 808.075 (4) (f) 5. Approval of guardian's exercise of marital property rights under s. 880.173 54.20 (2) (h).

SB391-SSA1, s. 248 Section 248. 808.075 (4) (f) 6. of the statutes is amended to read:

SB391-SSA1,168,12 808.075 (4) (f) 6. Approval of management of property under s. 880.19 54.19 or 54.20.

SB391-SSA1, s. 249 Section 249. 808.075 (4) (f) 7. of the statutes is amended to read:

SB391-SSA1,168,15 808.075 (4) (f) 7. Direction for use of estate for benefit of wards under s. 880.21 54.19 (4).

SB391-SSA1, s. 250 Section 250. 808.075 (4) (f) 8. of the statutes is amended to read:

SB391-SSA1,168,18 808.075 (4) (f) 8. Examination of annual accounts and assets under s. 880.25 ss. 54.62 and 54.66.

SB391-SSA1, s. 251 Section 251. 808.075 (4) (f) 9. of the statutes is amended to read:

SB391-SSA1,168,20 808.075 (4) (f) 9. Removal of guardian under s. 880.251 54.68 (4) (d).

SB391-SSA1, s. 252 Section 252. 808.075 (4) (f) 11. of the statutes is amended to read:

SB391-SSA1,168,22 808.075 (4) (f) 11. Termination of guardianship under s. 880.26 54.64.

SB391-SSA1, s. 253 Section 253. 808.075 (4) (f) 12. of the statutes is amended to read:

SB391-SSA1,168,25 808.075 (4) (f) 12. Restoration of specific legal rights under s. 880.33 (3) 54.64 (2) (c).

SB391-SSA1, s. 254 Section 254. 808.075 (4) (f) 13. of the statutes is amended to read:

SB391-SSA1,169,3 808.075 (4) (f) 13. Authorization of purchase of a home for a ward under s. 880.60 54.852 (15) (a).

SB391-SSA1, s. 255 Section 255. 813.12 (5) (d) of the statutes is amended to read:

SB391-SSA1,169,8 813.12 (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.

SB391-SSA1, s. 256 Section 256. 813.123 (3) (b) 1. of the statutes is amended to read:

SB391-SSA1,169,11 813.123 (3) (b) 1. That a guardian ad litem be appointed under s. 880.331 (1) for the vulnerable adult.

SB391-SSA1, s. 257 Section 257. 814.61 (12) (a) 1. of the statutes is amended to read:

SB391-SSA1,169,17 814.61 (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.

SB391-SSA1, s. 258 Section 258. 814.66 (1) (b) 2. of the statutes is amended to read:

SB391-SSA1,169,24 814.66 (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.

SB391-SSA1, s. 259 Section 259. 814.66 (1) (m) of the statutes is amended to read:

SB391-SSA1,170,3 814.66 (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.

SB391-SSA1, s. 260 Section 260. 814.66 (1) (n) of the statutes is created to read:

SB391-SSA1,170,8 814.66 (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.

SB391-SSA1, s. 261 Section 261. 842.25 of the statutes is amended to read:

SB391-SSA1,170,12 842.25 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.

SB391-SSA1, s. 262 Section 262. 851.72 (2) of the statutes is amended to read:

SB391-SSA1,170,19 851.72 (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.

SB391-SSA1, s. 263 Section 263. 851.72 (3) of the statutes is amended to read:

SB391-SSA1,170,25 851.72 (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.

SB391-SSA1, s. 264 Section 264. 851.73 (1) (a) of the statutes is amended to read:

SB391-SSA1,171,6 851.73 (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.

SB391-SSA1, s. 265 Section 265. 854.08 (5) (title) of the statutes is amended to read:

SB391-SSA1,171,9 854.08 (5) (title) Sale or loss of property of an individual adjudicated incompetent.

SB391-SSA1, s. 266 Section 266. 854.13 (2) (f) of the statutes is amended to read:

SB391-SSA1,171,14 854.13 (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.

SB391-SSA1, s. 267 Section 267. 854.17 of the statutes is amended to read:

SB391-SSA1,171,18 854.17 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.

SB391-SSA1, s. 268 Section 268. 857.15 of the statutes is amended to read:

SB391-SSA1,172,7 857.15 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.

SB391-SSA1, s. 269 Section 269. 860.13 of the statutes is amended to read:

SB391-SSA1,172,16 860.13 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.

SB391-SSA1, s. 270 Section 270. 862.03 (title) of the statutes is amended to read:

SB391-SSA1,172,19 862.03 (title) Account of incompetent, deceased or removed personal representative adjudicated incompetent, deceased, or removed.

SB391-SSA1, s. 271 Section 271. 862.03 (1) of the statutes is amended to read:

SB391-SSA1,173,2 862.03 (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.

SB391-SSA1, s. 272 Section 272. 862.03 (4) of the statutes is amended to read:

SB391-SSA1,173,8 862.03 (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.

SB391-SSA1, s. 273 Section 273. 863.43 of the statutes is amended to read:

SB391-SSA1,173,16 863.43 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.

SB391-SSA1, s. 274 Section 274. 863.45 of the statutes is amended to read:

SB391-SSA1,173,23 863.45 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.