SB391-SSA1,185,323
54.12
(2) Informal administration. If
a minor or an
individual found 24incompetent, except for his or her incapacity,
a minor, or a spendthrift is entitled to
25possession of
personal property assets of a value of
$5,000 the amount specified in
1s. 867.03 (1g) (intro.) or less from an estate administered through informal
2administration under ch. 865, the personal representative may, without the
3appointment of a guardian, do any of the following:
SB391-SSA1,185,54
(a) With the approval of the register in probate, take one of the actions
under 5specified in sub.
(2) (1) (a)
to (f).
SB391-SSA1,185,96
(b) With the approval of the guardian ad litem of the minor or
individual found 7incompetent, take one of the actions
under specified in sub.
(2) (1) (a)
to (f) and file
8proof of the action taken and of the approval of the guardian ad litem with the probate
9registrar instead of filing a receipt under s. 865.21.
SB391-SSA1, s. 312
10Section
312. 880.04 (3) of the statutes is renumbered 54.12 (3) and amended
11to read:
SB391-SSA1,185,1812
54.12
(3) Uniform gifts and transfers to minors. If a minor, except for his or
13her incapacity, is entitled to possession of personal property of any value, any court
14wherein in which an action or proceeding involving the property is pending may,
15without requiring the appointment of a guardian, order payment
, subject to any
16limitations the court may impose, to a custodian for the minor designated by the
17court under ss.
880.61 to 880.72 54.854 to 54.898 or under the uniform gifts to minors
18act or uniform transfers to minors act of any other state.
SB391-SSA1, s. 313
19Section
313. 880.05 of the statutes is renumbered 54.30 (2) and amended to
20read:
SB391-SSA1,186,421
54.30
(2) Venue. All petitions for guardianship of residents of the state shall
22be directed to the circuit court of the county of residence of the
person subject to
23guardianship proposed ward or of the county in which the
person proposed ward is
24physically present. A petition for guardianship of the person or estate of a
25nonresident may be directed to the circuit court of any county
where in which the
1person nonresident or any
property assets of the nonresident may be found
or of the
2county in which the petitioner proposes that the proposed ward resides. A petition
3for receipt and acceptance of a foreign guardianship shall be directed to the circuit
4court of the county in which the foreign ward resides or intends to reside.
SB391-SSA1, s. 314
5Section
314. 880.06 (title) of the statutes is renumbered 54.30 (3) (title).
SB391-SSA1, s. 315
6Section
315. 880.06 (1) of the statutes is renumbered 54.30 (3) (a) and
7amended to read:
SB391-SSA1,186,238
54.30
(3) (a)
Original proceeding. The court
wherein in which a petition is first
9filed shall determine venue.
The court shall direct that proper notice be given to any
10potentially responsible or affected county. Proper notice is given to a potentially
11responsible or affected county if written notice of the proceeding is sent by certified
12mail to the county's clerk and corporation counsel. After all potentially responsible
13or affected counties and parties have been given an opportunity to be heard, the court
14shall determine that venue lies in the county in which the petition is filed under sub.
15(2) or in another county, as appropriate. If
it is determined the court determines that
16venue lies in another county, the court shall order the entire record certified to the
17proper court. A court
wherein in which a subsequent petition is filed shall,
upon
18being if it is satisfied
of
that an earlier filing
took place in another court, summarily
19dismiss
such the petition.
If any potentially responsible or affected county or party
20objects to the court's finding of venue, the court may refer the issue to the department
21for a determination of the county of residence under s. 51.40 (2) (g) and may suspend
22ruling on the motion for change of venue until the determination under s. 51.40 (2)
23(g) is final.
SB391-SSA1, s. 316
24Section
316. 880.06 (2) of the statutes is renumbered 54.30 (3) (b) (intro.) and
25amended to read:
SB391-SSA1,187,12
154.30
(3) (b) (intro.)
Change of residence of ward or guardian. If a
guardian
2removes from the county where appointed to another county within the state or a 3ward
removes from the county in which he or she has resided changes residence from
4one county to another county within the state,
the circuit court for the county in
5which the ward resides may appoint a new guardian as provided by law for the
6appointment of a guardian. Upon verified petition of the new guardian, accompanied
7by a certified copy of appointment and bond if the appointment is in another county,
8and upon the notice prescribed by s. 879.05 to the originally appointed guardian,
9unless he or she is the same person, and to any other persons that the court shall
10order, the court of original appointment may order the guardianship accounts settled
11and the property delivered to the new guardian. venue may be transferred to the
12ward's new county of residence under the following procedure:
SB391-SSA1, s. 317
13Section
317. 880.07 (title) of the statutes is renumbered 54.34 (title) and
14amended to read:
SB391-SSA1,187,16
1554.34 (title)
Petition; fees for guardianship or for receipt and
16acceptance of a foreign guardianship.
SB391-SSA1, s. 318
17Section
318. 880.07 (1) (intro.) of the statutes is renumbered 54.34 (1) (intro.)
18and amended to read:
SB391-SSA1,187,2219
54.34
(1) (intro.) Any
relative, public official or other person
, may petition for
20the appointment of a guardian
of a person subject to guardianship. Such for an
21individual. The petition shall state
, so far as may be all of the following, if known
22to the petitioner:
SB391-SSA1, s. 319
23Section
319. 880.07 (1) (a) of the statutes is renumbered 54.34 (1) (a).
SB391-SSA1, s. 320
24Section
320. 880.07 (1) (b) of the statutes is renumbered 54.34 (1) (b) and
25amended to read:
SB391-SSA1,188,2
154.34
(1) (b) The
specific nature of the proposed ward's
alleged incapacity
with
2specification of the incompetency or spendthrift habits.
SB391-SSA1, s. 321
3Section
321. 880.07 (1) (c) of the statutes is renumbered 54.34 (1) (c).
SB391-SSA1, s. 322
4Section
322. 880.07 (1) (d) of the statutes is renumbered 54.34 (1) (d) and
5amended to read:
SB391-SSA1,188,86
54.34
(1) (d) Any assets
of the proposed ward previously derived from or
7benefits
of the proposed ward now due and payable from the U.S. department of
8veterans affairs.
SB391-SSA1, s. 323
9Section
323. 880.07 (1) (e) of the statutes is renumbered 54.34 (1) (e).
SB391-SSA1, s. 324
10Section
324. 880.07 (1) (f) of the statutes is renumbered 54.34 (1) (f).
SB391-SSA1, s. 325
11Section
325. 880.07 (1) (g) of the statutes is renumbered 54.34 (1) (g).
SB391-SSA1, s. 326
12Section
326. 880.07 (1) (h) of the statutes is renumbered 54.34 (1) (h) and
13amended to read:
SB391-SSA1,188,1614
54.34
(1) (h) The names and post-office addresses of
the spouse and
15presumptive or apparent adult heirs of the proposed ward, and all
other persons
16believed by the petitioner to be interested
parties.
SB391-SSA1, s. 327
17Section
327. 880.07 (1) (i) of the statutes is renumbered 54.34 (1) (i) and
18amended to read:
SB391-SSA1,188,2119
54.34
(1) (i) The name and post-office address of the person or institution
20having the, if any, that has care and custody of the proposed ward
or the facility, if
21any, that is providing care to the proposed ward.
SB391-SSA1, s. 328
22Section
328. 880.07 (1) (j) of the statutes is renumbered 54.34 (1) (j) and
23amended to read:
SB391-SSA1,189,224
54.34
(1) (j) The interest of the petitioner, and
, if a public official
or creditor is
25the petitioner,
then the fact of indebtedness or continuing liability for maintenance
1or continuing breach of the public peace as well as the authority of the petitioner to
2act.
SB391-SSA1, s. 330
4Section
330. 880.07 (2) of the statutes is renumbered 54.34 (2) and amended
5to read:
SB391-SSA1,189,76
54.34
(2) A petition for guardianship may
also include an application for
7protective placement or protective services or both under ch. 55.
SB391-SSA1, s. 333
10Section
333. 880.075 of the statutes is renumbered 54.44 (1) (b) and amended
11to read:
SB391-SSA1,189,1912
54.44
(1) (b)
Time of hearing for certain appointments. A petition for
13guardianship of
a person an individual who has been admitted to a nursing home
14or a community-based residential facility under s. 50.06 shall be heard within 60
15days after it is filed. If an individual under s. 50.06 (3) alleges that an individual is
16making a health care decision under s. 50.06 (5) (a) that is not in the best interests
17of the incapacitated individual or if the incapacitated individual verbally objects to
18or otherwise actively protests the admission, the petition shall be heard as soon as
19possible within the 60-day period.
SB391-SSA1, s. 334
20Section
334. 880.08 (intro.) of the statutes is renumbered 54.38 (2) (intro.) and
21amended to read:
SB391-SSA1,190,322
54.38
(2) Notice of hearing for appointments and rehearings, service, and
23delivery. (intro.) Upon the filing of a petition for guardianship
, and the court being 24of the person or of the estate, including appointment or change of a guardian, if the
25court is satisfied as to compliance with s.
880.07
54.34, the court shall
, except as
1provided in sub. (3), order
the petitioner to serve notice on the proposed ward and
2guardian, if any, and to deliver notice
to interested persons of the time and place of
3the hearing
, as follows:
SB391-SSA1, s. 336
5Section
336. 880.08 (1) of the statutes is renumbered 54.38 (2) (a) and
6amended to read:
SB391-SSA1,191,97
54.38
(2) (a)
A petitioner shall have notice served of a petition for appointment
8or change of a guardian upon On the proposed
incompetent and existing guardian,
9if any, ward by personal service
and an existing guardian, if any, by personal service
10or by registered or certified mail at least 10 days before the time set for hearing. If
11such proposed incompetent the proposed ward is in custody or confinement,
a the 12petitioner shall have notice served by registered or certified mail on the proposed
13incompetent's ward's custodian, who shall immediately serve it on the proposed
14incompetent ward. The
process server or custodian shall inform the proposed
15incompetent ward of the complete contents of the notice and
certify thereon petition,
16motion, or other required document; certify on the notice that the
process server or 17custodian served and informed the proposed
incompetent and returned ward; and
18return the certificate and notice to the
circuit judge. The notice shall include the
19names of all persons who are petitioning for guardianship. A copy of the petition
20shall be attached to the notice. The court shall cause the proposed incompetent, if
21able to attend, to be produced at the hearing. The proposed incompetent is presumed
22able to attend unless, after a personal interview, the guardian ad litem certifies in
23writing to the court the specific reasons why the person is unable to attend. If the
24person is unable to attend a hearing because of physical inaccessibility or lack of
25transportation, the court shall hold the hearing in a place where the person may
1attend if requested by the proposed ward, guardian ad litem, adversary counsel or
2other interested person. Such notice shall also be given personally or by mail at least
310 days before the hearing to the proposed incompetent's counsel, if any, guardian
4ad litem, presumptive adult heirs or other persons who have legal or physical custody
5of the proposed incompetent whose names and addresses are known to the petitioner
6or can with reasonable diligence be ascertained, to any governmental or private
7agency, charity or foundation from which the proposed incompetent is receiving aid
8and to such other persons or entities as the court may require. The court shall then
9proceed under s. 880.33 court.
SB391-SSA1, s. 339
12Section
339. 880.08 (3) (am) (intro.) of the statutes is renumbered 54.38 (3)
13(intro.) and amended to read:
SB391-SSA1,191,1714
54.38
(3) Notice of hearing for appointment of guardian for a minor. (intro.)
15When If the proposed ward is a minor,
notice shall be given as provided in s. 879.05 16the court shall order delivery of notice by the petitioner of the time and place of the
17hearing to all of the following
persons, if applicable:
SB391-SSA1, s. 340
18Section
340. 880.08 (3) (am) 1. of the statutes is renumbered 54.38 (3) (a) and
19amended to read:
SB391-SSA1,191,2020
54.38
(3) (a) The proposed ward's spouse
, if any.
SB391-SSA1, s. 341
21Section
341. 880.08 (3) (am) 2. of the statutes is renumbered 54.38 (3) (b) and
22amended to read:
SB391-SSA1,191,2423
54.38
(3) (b) The proposed ward's
parents parent, unless the parent's parental
24rights have been judicially terminated.
SB391-SSA1, s. 342
1Section
342. 880.08 (3) (am) 3. of the statutes is renumbered 54.38 (3) (c) and
2amended to read:
SB391-SSA1,192,43
54.38
(3) (c)
A minor The proposed ward
, if the proposed ward is over 14 years
4of age
unless the minor appears at the hearing.
SB391-SSA1, s. 343
5Section
343. 880.08 (3) (am) 4. of the statutes is renumbered 54.38 (3) (d) and
6amended to read:
SB391-SSA1,192,87
54.38
(3) (d) Any other person
, agency, institution, welfare department or other
8entity having that has the legal or
actual physical custody of the minor.
SB391-SSA1, s. 345
10Section
345. 880.08 (4) of the statutes is renumbered 54.38 (4) and amended
11to read:
SB391-SSA1,192,1412
54.38
(4) Rehearings. Notice of a rehearing to determine if a ward is a proper
13subject to continue under guardianship shall be given as required
for the
14appointment of a guardian under subs. (1), (2), and (3).
SB391-SSA1, s. 346
15Section
346. 880.09 (intro.) of the statutes is renumbered 54.15 (intro.) and
16amended to read:
SB391-SSA1,192,22
1754.15 Nomination; selection of guardians Selection of guardian;
18nominations; preferences; other criteria. (intro.) The court
shall do one of the
19following and shall consider
all of the following nominations
made by any interested
20person and, in its discretion, shall appoint a proper guardian, having due regard for
21the following, applicable preferences, and criteria in determining who is appointed
22as guardian:
SB391-SSA1, s. 348
24Section
348. 880.09 (1) of the statutes is renumbered 54.15 (4) (b) and
25amended to read:
SB391-SSA1,193,4
154.15
(4) (b) A minor
over
who is 14 years
or older may in writing in circuit court
2nominate his or her own guardian, but if the minor is in the armed service, is
without 3outside of the state, or if other good reason exists, the court may dispense with the
4minor's right of nomination.
SB391-SSA1, s. 349
5Section
349. 880.09 (2) of the statutes is renumbered 54.15 (5) and amended
6to read:
SB391-SSA1,193,147
54.15
(5) Preference
Parent of a proposed ward. If one or both of the parents
8of a minor
, a developmentally disabled person or a person with other like incapacity 9or an individual with developmental disability or with serious and persistent mental
10illness are suitable and willing, the court shall appoint one or both
of them as
11guardian unless the
proposed ward objects court finds that the appointment is not
12in the proposed ward,s best interest. The court shall
appoint a corporate guardian
13under s. 880.35 only if no suitable individual guardian is available consider a
14proposed ward's objection to the appointment of his or her parent.
SB391-SSA1, s. 351
16Section
351. 880.09 (3) of the statutes is renumbered 54.15 (4) (c) and
17amended to read:
SB391-SSA1,193,1918
54.15
(4) (c) If neither parent
of a minor who is 14 years or older is suitable and
19willing
to be appointed guardian, the court may appoint the nominee of
a the minor.
SB391-SSA1, s. 354
22Section
354. 880.09 (6) of the statutes is renumbered 54.15 (6) and amended
23to read:
SB391-SSA1,194,824
54.15
(6) Testamentary guardianship of certain persons nomination by
25proposed ward's parents. Subject to the rights of a surviving parent, a parent may
1by will nominate a guardian and successor guardian of the person or estate
of for any
2of his or her minor children who
are is in need of guardianship
, unless the court finds
3that appointment of the guardian or successor guardian is not i the minor's best
4interests. For
a person over the age of an individual who is aged 18
or older and is 5found to be in need of guardianship
under s. 880.33 by reason of a developmental
6disability or
other like incapacity serious and persistent mental illness, a parent may
7by will nominate a testamentary guardian.
The parent may waive the requirement
8of a bond for such an estate that is derived through a will.
SB391-SSA1, s. 356
10Section
356. 880.09 (7) of the statutes is renumbered 54.15 (4) (a) and
11amended to read:
SB391-SSA1,194,2212
54.15
(4) (a) Any
person individual other than a minor
aged 14 years or younger 13may,
at such time as if the
person has sufficient capacity individual does not have
14incapacity to such an extent that he or she is unable to form
an intelligent a
15reasonable and informed preference, execute a written instrument, in the same
16manner as the execution of a will under s. 853.03, nominating
a person another to
17be appointed as guardian of his or her person or
property estate or both
in the event
18that if a guardian is in the future appointed
. Such nominee shall be appointed as
19guardian by the for the individual. The court
shall appoint this nominee as guardian 20unless the court finds that the appointment
of such nominee is not in the best
21interests of the
person for whom, or for whose property, the guardian is to be
22appointed proposed ward.
SB391-SSA1, s. 357
23Section
357. 880.10 of the statutes is renumbered 54.38 (5) and amended to
24read:
SB391-SSA1,195,6
154.38
(5) Notice of appointment
of guardian of a minor ward. If for any reason
2the court fails to appoint as guardian the nominee of the minor, the guardian who
3qualifies shall give notice of the guardian's appointment to the minor by certified
4mail addressed to the minor's last-known post-office address and
shall file an
5affidavit of
such the mailing
shall be filed with the court within 10 days after the
6issuance of letters notice is given.
SB391-SSA1, s. 360
9Section
360. 880.13 (title) of the statutes is renumbered 54.46 (5) (title).
SB391-SSA1, s. 361
10Section
361. 880.13 (1) of the statutes is renumbered 54.46 (4) (a) and
11amended to read:
SB391-SSA1,195,1712
54.46
(4) (a)
Form Amount and sufficiency of bond. Upon the appointment of
13a guardian of the estate of a ward, except as provided under s. 880.60 (9), the court
14may require a bond given in accordance with ch. 878 and s. 895.345
The order under
15sub. (2) shall specify the amount of any bond required to be given by the guardian
16of the estate, conditioned upon the faithful performance of the duties of the guardian
17of the estate. No bond may be required for the guardian of the person.
SB391-SSA1, s. 362
18Section
362. 880.13 (2) (title) of the statutes is renumbered 54.46 (4) (b) (title).
SB391-SSA1, s. 363
19Section
363. 880.13 (2) (a) of the statutes is renumbered 54.46 (4) (b) (intro.)
20and amended to read:
SB391-SSA1,195,2221
54.46
(4) (b) (intro.) Unless required under s.
880.60 54.852 (9), the court may
22waive the requirement of a bond
at under any of the following circumstances:
SB391-SSA1,195,23
231. At any time
in its discretion or if.
SB391-SSA1,195,24
242. If so requested in a will
wherein
in which a nomination appears.
SB391-SSA1, s. 364
1Section
364. 880.13 (2) (b) of the statutes is renumbered 54.46 (4) (b) 3. and
2amended to read:
SB391-SSA1,196,83
54.46
(4) (b) 3.
Whenever If a guardian has or will have possession of funds
of
4the ward with a total value of
$40,000 $100,000 or less
, and the court
may direct 5directs deposit of the funds in an insured account of a bank, credit union, savings
6bank
, or savings and loan association in the name of the guardian and the ward and
7payable only upon further order of the court.
In such event the court may waive the
8requirement of a bond.