SB391-SSA1, s. 451 15Section 451. 880.31 (title) of the statutes is repealed.
SB391-SSA1, s. 452 16Section 452. 880.31 (1) and (7) of the statutes are consolidated, renumbered
1754.76 (1) and amended to read:
SB391-SSA1,220,218 54.76 (1) Any adult resident who is unwilling or believes that he or she is
19unable properly to manage his or her property assets or income may voluntarily
20apply to the circuit court of the county of his or her residence for appointment of a
21conservator of the estate. Upon receipt of the application, the court shall fix a time
22and place for hearing the application and may direct to whom, including presumptive
23heirs,
and in what manner notice of the hearing shall be given . (7) If an application
24for conservatorship is filed, the
to a potential recipient of the notice, unless the
25potential recipient has waived receipt. The
fee prescribed in s. 814.66 (1) (b) shall

1be paid at the time of the filing of the inventory or other documents setting forth the
2value of the estate assets and income.
SB391-SSA1, s. 453 3Section 453. 880.31 (2) of the statutes is renumbered 54.76 (2) and amended
4to read:
SB391-SSA1,220,115 54.76 (2) At the time of such hearing for appointment of a conservator, the
6applicant shall be personally examined by the court and if the court is satisfied that
7the applicant desires a conservator and that the fiduciary nominated is and any
8proposed standby conservator are
suitable, the court may appoint the nominee as
9conservator and, if applicable, designate the proposed standby conservator as
10standby conservator
and issue letters of conservatorship to the nominee upon the
11filing of
after he or she files a bond in the amount fixed by the court.
SB391-SSA1, s. 454 12Section 454. 880.31 (3) of the statutes is renumbered 54.76 (3) and amended
13to read:
SB391-SSA1,220,1914 54.76 (3) A Except as provided in sub. (3g), a conservator shall have has all
15the powers and duties of a guardian of the property of an incompetent person. The
16conservator's powers shall cease upon being removed by the court or upon death of
17the person whose estate is being conserved
estate. An individual whose income and
18assets are under conservatorship may make gifts of his or her income and assets,
19subject to approval of the conservator
.
SB391-SSA1, s. 455 20Section 455. 880.31 (4) and (5) of the statutes are consolidated, renumbered
2154.76 (4) and amended to read:
SB391-SSA1,221,1522 54.76 (4) Any person, including an individual whose estate is income and assets
23are
under conservatorship, may apply to the court at any time for termination
24thereof of the conservatorship. Upon such receipt of the application, the court shall
25fix a time and place for hearing and may direct that 10 days' notice by mail be given

1to the person's individual's guardian, if any, of the person or agent under a power of
2attorney for health care,
the conservator, any standby conservator, and the
3presumptive adult heirs of the applicant. Upon such individual whose income and
4assets are under conservatorship. A potential recipient of the notice may waive its
5receipt. At the
hearing, the court shall, unless it is clearly shown that the applicant
6individual whose income and assets are under conservatorship is incompetent,
7remove the conservator and order the property income and assets restored to the
8applicant, or if the applicant so desires and the nominee is suitable, the court may
9appoint a successor conservator.
(5) individual. If, however, the court shall upon
10such hearing determine
determines at the hearing that the person individual whose
11estate is income and assets are administered by a conservator may be is incapable
12of handling his or her estate income and assets, the court shall order the
13conservatorship continued, or, if the applicant so desires and the a nominee is
14suitable, the court may appoint a successor conservator. A conservatorship may only
15be terminated under a hearing under this subsection.
SB391-SSA1, s. 456 16Section 456. 880.31 (6) of the statutes is renumbered 54.76 (5) and amended
17to read:
SB391-SSA1,221,2018 54.76 (5) Appointment of a conservator shall not be does not constitute
19evidence of the competency or incompetency of the person individual whose estate
20is
income and assets are being administered.
SB391-SSA1, s. 457 21Section 457. 880.32 of the statutes is renumbered 45.55 and amended to read:
SB391-SSA1,222,12 2245.55 Notes and mortgages of minor veterans. Notwithstanding any
23provision of this chapter or any other law to the contrary, any minor who served in
24the active armed forces of the United States at any time after August 27, 1940, and
25the husband or wife of such a minor may execute, in his or her own right, notes or

1mortgages, as defined in s. 851.15, the payment of which is guaranteed or insured
2by the U.S. department of veterans affairs or the federal housing administrator
3under the servicemen's readjustment act of 1944 or, the national housing act, or any
4acts supplementary thereto or amendatory thereof supplementing or amending
5these acts
. In connection with such these transactions, such the minors may sell,
6release or convey such the mortgaged property and litigate or settle controversies
7arising therefrom, including the execution of releases, deeds, and other necessary
8papers or instruments. Such The notes, mortgages, releases, deeds and other
9necessary papers or instruments when so executed shall are not be subject to
10avoidance by such the minor or the husband or wife of such the minor upon either
11or both of them attaining the age of 18 because of the minority of either or both of
12them at the time of the execution thereof.
SB391-SSA1, s. 458 13Section 458. 880.33 (title) of the statutes is repealed.
SB391-SSA1, s. 459 14Section 459. 880.33 (1) of the statutes is renumbered 54.36 (1) and amended
15to read:
SB391-SSA1,223,19 1654.36 Examination of proposed ward. (1) Whenever it is proposed to
17appoint a guardian on the ground of that a proposed ward allegedly has
18incompetency or is a spendthrift, a licensed physician or licensed psychologist, or
19both, shall examine the proposed ward and furnish a written statement concerning
20the mental condition of
report stating the physician's or psychologist's professional
21opinion regarding the presence and likely duration of any medical or other condition
22causing
the proposed ward, based upon examination to have incapacity or to be a
23spendthrift
. The privilege under s. 905.04 shall does not apply to this the statement.
24 A The petitioner shall provide a copy of the statement shall be provided report to
25the proposed ward, or his or her counsel, the guardian ad litem, and the petitioner's

1attorney, if any. Prior to the examination , under this subsection, of a person alleged
2to be not competent to refuse psychotropic medication under s. 880.07 (1m), the
3person shall be informed that his or her
on which the report is based, the guardian
4ad litem, physician, or psychologist shall inform the proposed ward that
statements
5made by the proposed ward may be used as a basis for a finding of incompetency and
6an order for protective services, including psychotropic medication. The person shall
7also be informed
or a finding that he or she is a spendthrift, that he or she has a right
8to remain silent refuse to participate in the examination, absent a court order, or
9speak to the physician or psychologist
and that the examiner physician or
10psychologist
is required to report to the court even if the person remains silent
11proposed ward does not speak to the physician or psychologist. The issuance of such
12a warning to the person proposed ward prior to each examination establishes a
13presumption that the person proposed ward understands that he or she need not
14speak to the examiner. physician or psychologist. Nothing in this section prohibits
15the use of a report by a physician or psychologist that is based on an examination of
16the proposed ward by the physician or psychologist before filing the petition for
17appointment of a guardian, but the court will consider the recency of the report in
18determining whether the report sufficiently describes the proposed ward's current
19state and in determining the weight to be given to the report.
SB391-SSA1, s. 460 20Section 460. 880.33 (2) (a) 1. of the statutes is renumbered 54.42 (1) (a) (intro.)
21and amended to read:
SB391-SSA1,224,1622 54.42 (1) (a) (intro.) The proposed ward or ward has the right to counsel
23whether or not present at the hearing on determination of competency. The court
24shall in all cases require the appointment of an attorney as guardian ad litem in
25accordance with s. 757.48 (1) and shall in addition require representation by full

1legal counsel whenever the petition contains the allegations under s. 880.07 (1m) or
2if, at least 72 hours before the hearing, the alleged incompetent requests; the
3guardian ad litem or any other person states that the alleged incompetent is opposed
4to the guardianship petition; or the court determines that the interests of justice
5require it. The proposed ward has the right to a trial by a jury if demanded by the
6proposed ward, attorney or guardian ad litem, except that if the petition contains the
7allegations under s. 880.07 (1m) and if notice of the time set for the hearing has
8previously been provided to the proposed ward and his or her counsel, a jury trial is
9deemed waived unless demanded at least 48 hours prior to the time set for the
10hearing. The number of jurors shall be determined under s. 756.06 (2) (b). The
11proposed ward, attorney or guardian ad litem shall have the right to present and
12cross-examine witnesses, including the physician or psychologist reporting to the
13court under sub. (1). The attorney or guardian ad litem for the proposed ward shall
14be provided with a copy of the report of the physician or psychologist at least 96 hours
15in advance of the hearing. Any final decision of the court is subject to the right of
16appeal.
if any of the following occurs:
SB391-SSA1, s. 461 17Section 461. 880.33 (2) (a) 2. of the statutes is renumbered 54.42 (1) (c) and
18amended to read:
SB391-SSA1,224,2419 54.42 (1) (c) If the person requests but is par. (a) 1., 2., or 3. applies but the
20proposed ward or ward is
unable to obtain legal counsel, the court shall appoint legal
21counsel. If the person is represented by counsel appointed under s. 977.08 in a
22proceeding for a protective placement under s. 55.06 or for the appointment of a
23guardian under s. 880.07 (1m), the court shall order the counsel appointed under s.
24977.08 to represent the person.
SB391-SSA1, s. 462
1Section 462. 880.33 (2) (a) 3. of the statutes is renumbered 54.46 (3) (b) and
2amended to read:
SB391-SSA1,225,93 54.46 (3) (b) Guardian ad litem and defense fees for indigents; liability. If the
4person proposed ward is an adult who is indigent, the county of legal settlement shall
5be
in which venue lies for the guardianship proceeding is the county liable for any
6fees due the guardian ad litem and, if counsel was not appointed under s. 977.08, for
7any legal fees due the person's proposed ward's legal counsel. If the person is a minor,
8the person's parents or the county of legal settlement shall be liable for any fees due
9the guardian ad litem as provided in s. 48.235 (8).
SB391-SSA1, s. 463 10Section 463. 880.33 (2) (b) of the statutes is renumbered 54.42 (3) and
11amended to read:
SB391-SSA1,225,1812 54.42 (3) Right to independent examination. If requested by the proposed
13ward, ward, or anyone on the proposed ward's or ward's behalf, the proposed ward
14or ward has the right at his or her own expense, or if indigent at the expense of the
15county where the petition is filed heard on the merits, to secure an independent
16medical or psychological examination relevant to the issue involved in any hearing
17under this chapter, and to present a report of this independent evaluation or the
18evaluator's personal testimony as evidence at the hearing.
SB391-SSA1, s. 464 19Section 464. 880.33 (2) (d) of the statutes is repealed.
SB391-SSA1, s. 465 20Section 465. 880.33 (2) (e) of the statutes is renumbered 54.44 (5) and
21amended to read:
SB391-SSA1,226,222 54.44 (5) Privacy of hearing. Every hearing on a petition under s. 880.07 (1m)
23under this chapter shall be open closed, unless the proposed ward or his or her
24attorney acting with the proposed ward's consent or the attorney for a foreign ward
25moves that it be closed open. If the hearing is closed, only persons in interest,

1including representatives of providers of service and
interested persons, their
2attorneys, and witnesses, may be present.
SB391-SSA1, s. 466 3Section 466. 880.33 (3) of the statutes is repealed.
SB391-SSA1, s. 467 4Section 467. 880.33 (4) of the statutes is repealed.
SB391-SSA1, s. 468 5Section 468. 880.33 (4m) and (4r) of the statutes are repealed.
SB391-SSA1, s. 469 6Section 469. 880.33 (5) of the statutes is renumbered 54.15 (1) and amended
7to read:
SB391-SSA1,226,148 54.15 (1) Opinions of proposed ward and family. In appointing a guardian, the
9The court shall take into consideration the opinions of the alleged incompetent
10proposed ward and of the members of the his or her family as to what is in the best
11interests of the proposed incompetent ward. However, the best interests of the
12proposed incompetent ward shall control in making the determination when the
13opinions of the family are in conflict with the clearly appropriate decision those best
14interests
.
SB391-SSA1,226,19 15(1m) The court shall also consider potential conflicts of interest resulting from
16the prospective guardian's employment or other potential conflicts of interest. If the
17proposed incompetent has executed a power of attorney for health care under ch. 155,
18the court shall give consideration to the appointment of the health care agent for the
19individual as the individual's guardian.
SB391-SSA1, s. 470 20Section 470. 880.33 (5m) of the statutes is renumbered 54.15 (9) and amended
21to read:
SB391-SSA1,227,822 54.15 (9) Limitation on number of wards of guardian. No person, except a
23nonprofit corporation approved by the department of health and family services
24under s. 880.35, who has
individual may have guardianship of the person of more
25than
5 or more adult wards who are unrelated to the person may accept appointment

1individual, except that a court may, under circumstances that the court determines
2are appropriate, waive this limitation to authorize appointment of the individual
as
3guardian of the person of another adult ward unrelated to the person, unless
4approved by the department. No such person may accept appointment as guardian
5of more than 10 such
additional adult wards who are unrelated to the person
6individual. A corporation or association that is approved by the department under
7sub. (7) is not limited in the number of adult wards for which the corporation or
8association may accept appointment by a court as guardian
.
SB391-SSA1, s. 471 9Section 471. 880.33 (6) of the statutes is renumbered 54.75 and amended to
10read:
SB391-SSA1,227,16 1154.75 Access to court records. All court records pertinent to the finding of
12incompetency are closed but subject to access as provided in s. 55.06 (17) 51.30 or
13under an order of a court under this chapter
. The fact that a person has been found
14incompetent and the name of and contact information for the guardian is accessible
15to any person who demonstrates to the custodian of the records a need for that
16information.
SB391-SSA1, s. 472 17Section 472. 880.33 (7) of the statutes is renumbered 54.48 and amended to
18read:
SB391-SSA1,227,23 1954.48 Protective placement and protective services. A finding of
20incompetency and appointment of a guardian under this subchapter chapter is not
21grounds for involuntary protective placement. Such or the provision of protective
22services. Protective
placement and the provision of protective services may be made
23only in accordance with s. 55.06 ch. 55.
SB391-SSA1, s. 473 24Section 473. 880.33 (8) (intro.) of the statutes is repealed.
SB391-SSA1, s. 474 25Section 474. 880.33 (8) (a) of the statutes is repealed.
SB391-SSA1, s. 475
1Section 475. 880.33 (8) (b) of the statutes is renumbered 54.46 (2) (b) and
2amended to read:
SB391-SSA1,228,143 54.46 (2) (b) Power of attorney for health care. If the proposed incompetent has
4ward executed a power of attorney for health care under ch. 155, find that before a
5finding of incompetency and appointment of a guardian is made for the ward under
6this chapter,
the power of attorney for health care instrument should remain remains
7in effect. If the court so finds, the court shall so order and shall, except that the court
8may, only for good cause shown, revoke the power of attorney for health care or
limit
9the power of the guardian to make those health care decisions for the ward that are
10not to be made by the health care
authority of the agent under the terms of the power
11of attorney for health care instrument. Unless the court makes this revocation or
12limitation, the ward's guardian may not make health care decisions for the ward that
13may be made by the health care agent
, unless the guardian is the health care agent
14under those terms.
SB391-SSA1, s. 476 15Section 476. 880.33 (9) of the statutes is renumbered 54.25 (2) (c) 1. g. and
16amended to read:
SB391-SSA1,229,1217 54.25 (2) (c) 1. g. All the rights and privileges afforded a proposed incompetent
18under this section shall be given to any person who is alleged to be ineligible to
19register to vote or to vote in an election by reason that such person is incapable of
20understanding the objective of the elective process. The determination of the court
21shall be limited to a finding that the elector is either eligible or ineligible
The right
22to register to vote or to vote in an election by reason that the person is or is not
23capable
, if the court finds that the individual is incapable of understanding the
24objective of the elective process. Also, in accordance with s. 6.03 (3), any elector of
25a municipality may petition the circuit court for a determination that an individual

1residing in the municipality is incapable of understanding the objective of the
2elective process and thereby ineligible to register to vote or to vote in an election. This
3determination shall be made by the court in accordance with the procedures specified
4in this paragraph. If a petition is filed under this subd. 1. g., the finding of the court
5shall be limited to a determination as to voting eligibility. The appointment of a
6guardian is not required for an individual whose sole limitation is ineligibility to
7vote.
The determination of the court shall be communicated in writing by the clerk
8of court to the election official or agency charged under s. 6.48, 6.92, 6.925, or 6.93
9with the responsibility for determining challenges to registration and voting which
10that may be directed against that elector. The determination may be reviewed as
11provided in s. 880.34 (4) and (5) 54.64 (2) and any subsequent determination of the
12court shall be likewise communicated by the clerk of court.
SB391-SSA1, s. 477 13Section 477. 880.331 (title) of the statutes is renumbered 54.40 (title) and
14amended to read:
SB391-SSA1,229,16 1554.40 (title) Guardian ad litem in incompetency cases; appointment;
16duties; termination
.
SB391-SSA1, s. 478 17Section 478. 880.331 (1) of the statutes is renumbered 54.40 (1) and amended
18to read:
SB391-SSA1,230,619 54.40 (1) Appointment. The court shall appoint a guardian ad litem whenever
20it is proposed that the court appoint a guardian on the ground of incompetency under
21s. 880.33,
when a petition for appointment of a guardian is brought under s. 54.34
22(1), when a petition for receipt and acceptance of a foreign guardianship is brought
23under s. 54.34 (3), to review the scope of a guardianship, to
protectively place a person
24or order protective services under s. 55.06, to review any protective placement or
25protective service order under s. 55.06 or, to terminate a protective placement under

1s. 55.06, to expand an order of guardianship under s. 54.63, to review incompetency
2and terminate a guardianship under s. 54.64, to review the conduct of a guardian
3under s. 54.68, to expand an order of guardianship under s. 54.3, to review
4incompetency and terminate a guardianship under s. 54.64, to review the conduct of
5a guardian under s. 54.68, or at any other time that the court determines it is
6necessary
.
SB391-SSA1, s. 479 7Section 479. 880.331 (2) of the statutes is renumbered 54.40 (2) and amended
8to read:
SB391-SSA1,230,149 54.40 (2) Qualifications. The guardian ad litem shall be an attorney admitted
10to practice in this state and in compliance with SCR chapter 36. No person one who
11is an interested party person in a proceeding, appears as counsel in a proceeding on
12behalf of any party, or is a relative or representative of an interested party person
13may be appointed guardian ad litem in that proceeding or in any other proceeding
14that involves the same proposed ward or ward
.
SB391-SSA1, s. 480 15Section 480. 880.331 (3) of the statutes is renumbered 54.40 (3) and amended
16to read:
SB391-SSA1,230,2417 54.40 (3) Responsibilities. The guardian ad litem shall be an advocate for the
18best interests of the proposed ward or alleged incompetent ward as to guardianship,
19protective placement, and protective services. The guardian ad litem shall function
20independently, in the same manner as an attorney for a party to the action, and shall
21consider, but shall not be is not bound by, the wishes of the proposed ward or alleged
22incompetent
ward or the positions of others as to the best interests of the proposed
23ward or alleged incompetent ward. The guardian ad litem has none of the rights or
24duties of a general guardian.
SB391-SSA1, s. 481
1Section 481. 880.331 (4) (intro.) of the statutes is renumbered 54.40 (4)
2(intro.).
SB391-SSA1, s. 482 3Section 482. 880.331 (4) (a) of the statutes is renumbered 54.40 (4) (a) and
4amended to read:
SB391-SSA1,231,75 54.40 (4) (a) Interview the proposed ward or alleged incompetent ward and
6explain the contents of the petition, the applicable hearing procedure, the right to
7counsel, and the right to request or continue a limited guardianship.
SB391-SSA1, s. 483 8Section 483. 880.331 (4) (b) of the statutes is renumbered 54.40 (4) (b) and
9amended to read:
SB391-SSA1,231,1310 54.40 (4) (b) Advise the proposed ward or alleged incompetent ward, both orally
11and in writing, of that person's rights to be present at the hearing, to a jury trial, to
12an appeal, to counsel, and to an independent medical or psychological examination
13on the issue of competency, at county expense if the person is indigent.
SB391-SSA1, s. 484 14Section 484. 880.331 (4) (c) of the statutes is renumbered 54.40 (4) (e) and
15amended to read:
SB391-SSA1,231,1716 54.40 (4) (e) Request that the court order additional medical, psychological, or
17other evaluation, if necessary.
SB391-SSA1, s. 485 18Section 485. 880.331 (4) (d) of the statutes is renumbered 54.40 (4) (f) and
19amended to read:
SB391-SSA1,232,220 54.40 (4) (f) If applicable, inform the court and petitioner's attorney or, if none,
21the petitioner
that the proposed ward or alleged incompetent ward objects to a
22finding of incompetency, the present or proposed placement, or the recommendation
23of the guardian ad litem as to the proposed ward's or alleged incompetent's ward's
24best interests or that the proposed ward's or alleged incompetent's ward's position
25on these matters is ambiguous. If the guardian ad litem recommends that the

1hearing be held in a place other than a courtroom, the guardian ad litem shall provide
2the information under this paragraph as soon as possible.
SB391-SSA1, s. 486 3Section 486. 880.331 (4) (e) of the statutes is renumbered 54.40 (4) (i) and
4amended to read:
SB391-SSA1,232,65 54.40 (4) (i) Present evidence concerning the best interests of the proposed
6ward or alleged incompetent ward, if necessary.
SB391-SSA1, s. 487 7Section 487. 880.331 (4) (f) of the statutes is renumbered 54.40 (4) (j) and
8amended to read:
SB391-SSA1,232,109 54.40 (4) (j) Report to the court on any other relevant matter that the court
10requests.
SB391-SSA1, s. 488 11Section 488. 880.331 (5) (intro.) of the statutes is renumbered 55.195 (intro.)
12and amended to read:
SB391-SSA1,232,16 1355.195 Duties in of guardian ad litem for reviews. (intro.) In any review
14of a protective placement under s. 55.06 or of a protective service services order under
15s. 55.05, except as provided in s. 55.19 (2), the guardian ad litem shall do all of the
16following:
SB391-SSA1, s. 489 17Section 489. 880.331 (5) (a) of the statutes is renumbered 55.195 (1) and
18amended to read:
SB391-SSA1,232,2019 55.195 (1) Interview the ward to explain the review procedure, the right to an
20independent evaluation, the right to counsel, and the right to a hearing.
SB391-SSA1, s. 490 21Section 490. 880.331 (5) (b) of the statutes is renumbered 55.195 (2) and
22amended to read:
SB391-SSA1,232,2323 55.195 (2) Provide the information under par. (a) sub. (1) to the ward in writing.
SB391-SSA1, s. 491 24Section 491. 880.331 (5) (c) of the statutes is renumbered 55.195 (3) and
25amended to read:
SB391-SSA1,233,2
155.195 (3) Secure Request that the court order an additional medical,
2psychological, or other
evaluation of the ward, if necessary.
SB391-SSA1, s. 492 3Section 492. 880.331 (5) (d) of the statutes is renumbered 55.195 (4).
SB391-SSA1, s. 493 4Section 493. 880.331 (5) (e) of the statutes is renumbered 55.195 (5) and
5amended to read:
SB391-SSA1,233,76 55.195 (5) Review the ward's condition, placement, and rights with the
7guardian.
SB391-SSA1, s. 494 8Section 494. 880.331 (5) (f) of the statutes is renumbered 55.195 (6) and
9amended to read:
SB391-SSA1,233,1310 55.195 (6) If relevant, report to the court that the ward objects to the finding
11of continuing incompetency, the present or proposed placement, the position of the
12guardian, or the recommendation of the guardian ad litem as to the best interests of
13the ward or if there is ambiguity about the ward's position on these matters.
SB391-SSA1, s. 495 14Section 495. 880.331 (5) (g) of the statutes is renumbered 55.195 (8).
SB391-SSA1, s. 496 15Section 496. 880.331 (6) of the statutes is renumbered 54.40 (5) and amended
16to read:
SB391-SSA1,233,1917 54.40 (5) Communication to a jury. In jury trials under this chapter or ch. 55
18or 880, the court or guardian ad litem may tell the jury that the guardian ad litem
19represents the best interests of the proposed ward or alleged incompetent ward.
SB391-SSA1, s. 497 20Section 497. 880.331 (7) of the statutes is renumbered 54.40 (6) and amended
21to read:
SB391-SSA1,234,1022 54.40 (6) Termination and extension of appointment. The appointment of a
23guardian ad litem under sub. (1) terminates upon the entry of the court's final order
24or upon the termination of any appeal in which the guardian ad litem participates,
25even if counsel has been appointed for the proposed ward or alleged incompetent

1ward. The court may extend that appointment, or reappoint a guardian ad litem
2whose appointment under this section has terminated, by an order specifying the
3scope of responsibilities of the guardian ad litem. At any time, the guardian ad litem,
4any party, or the person individual for whom the appointment is made may request
5that the court terminate any extension or reappointment. The guardian ad litem
6may appeal, or may participate in an appeal or may do neither. If an appeal is taken
7by any party and the guardian ad litem chooses not to participate in that appeal, he
8or she shall file with the appellate court a statement of reasons for not participating.
9Irrespective of the guardian ad litem's decision not to participate in an appeal, the
10appellate court may order the guardian ad litem to participate in the appeal.
SB391-SSA1, s. 498 11Section 498. 880.331 (8) of the statutes is renumbered 54.74 and amended to
12read:
SB391-SSA1,235,3 1354.74 Compensation of guardian ad litem. On order of the court, the
14guardian ad litem appointed under this chapter shall be allowed reasonable
15compensation to be paid by the county of venue, unless
Unless the court otherwise
16directs or unless the guardian ad litem is appointed for a minor, in which case the
17compensation of the guardian ad litem shall be paid by the minor's parents or the
18county of venue as provided in s. 48.235 (8)
or unless a petition to the court under this
19chapter is dismissed, the court shall order reasonable compensation to be paid to a
20guardian ad litem appointed under s. 54.40 (1) from the ward's income or assets, if
21sufficient, or, if insufficient, by the county of venue. If a petition to the court under
22this chapter is dismissed, the court shall order the petitioner to pay the compensation
23of the guardian ad litem
. If the court orders a county to pay the compensation of the
24guardian ad litem, the amount ordered may not exceed the compensation paid to a
25private attorneys attorney under s. 977.08 (4m) (b). The guardian ad litem shall

1receive compensation for performing all duties required under s. 54.40 (4) and for any
2other acts that are approved by the court and are reasonably necessary to promote
3the ward's best interests.
SB391-SSA1, s. 499 4Section 499. 880.34 (title) of the statutes is renumbered 54.64 (title) and
5amended to read:
SB391-SSA1,235,7 654.64 (title) Duration Review of incompetency and termination of
7guardianship
; review.
SB391-SSA1, s. 500 8Section 500. 880.34 (1) of the statutes is renumbered 54.64 (1) and amended
9to read:
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