SB391-SSA1,140,1611
214.37
(4) (k) 1. An affidavit stating that the person has standing under s.
12867.01 (3) (ac) or 867.02 (2) (ac) to petition for summary settlement or assignment
13of a decedent's estate or that the person is an heir of the decedent, or was guardian,
14as defined in s.
54.01 (10) or s. 880.01 (3)
, 2003 stats., of the decedent at the time of
15the decedent's death, and may obtain transfer of property of a decedent under s.
16867.03.
SB391-SSA1,140,1818
215.14
(9) (title)
Savings accounts of deceased or incompetent persons.
SB391-SSA1,140,2520
215.26
(8) (e) 1. Submits an affidavit stating that the person has standing
21under s. 867.01 (3) (ac) or 867.02 (2) (ac) to petition for summary settlement or
22assignment of a decedent's estate or that the person is an heir of the decedent, or was
23guardian, as defined in s.
54.01 (10) or s. 880.01 (3)
, 2003 stats., of the decedent at
24the time of the decedent's death, and may obtain transfer of property of a decedent
25under s. 867.03; and
SB391-SSA1,141,62
223.03
(6) (intro.) To act as trustee, personal representative, registrar of stocks
3and bonds, custodian, agent, guardian of
estates, guardian of any person the estate
4or guardian of the person of any individual subject to guardianship, assignee,
5receiver, and in any other fiduciary capacity authorized by the division, subject to all
6of the following conditions:
SB391-SSA1,141,16
8223.10 Organizations as fiduciaries. Except as provided in s.
880.35 54.15
9(7), no court or probate registrar in this state may appoint or issue letters to any
10corporation, limited liability company, association, partnership or business trust as
11trustee, personal representative, guardian, conservator, assignee, receiver, or in any
12other fiduciary capacity unless such corporation, limited liability company,
13association, partnership or business trust is subject to regulation and examination
14under s. 223.105, or is a national bank, state or federal savings and loan association,
15state or federal savings bank or federal credit union with authority to exercise such
16powers, or is a foreign corporation operating under s. 223.12.
SB391-SSA1,142,1118
243.07
(3) (a) If, following execution of a durable power of attorney,
a court of
19the principal's domicile appoints a conservator, guardian of the estate, or other the
20individual who is the principal is adjudicated incompetent and a guardian is
21appointed for him or her, a conservator is appointed for him or her under s. 54.76, or
22another fiduciary
is charged
by a court with the management of all
or some of the
23principal's property
or all of his or her property except specified exclusions, the agent
24is accountable to the fiduciary as well as to the principal. Unless the court finds that
25the durable power of attorney should remain in effect, the fiduciary has the same
1power to revoke or amend the power of attorney that the principal would have had
2if the principal were not disabled or incapacitated, the durable power of attorney
3executed under this chapter by the principal remains in effect, except that the court
4may under s. 54.46 (2) (c) or s. 54.76 (3g) or, for a fiduciary, after a hearing upon a
5petition, as applicable, for good cause shown, revoke the durable power of attorney
6and invalidate the basic power of attorney for finances and property or limit the
7authority of the agent under the terms of the basic power of attorney for finances and
8property. Unless the court makes this revocation or limitation, the guardian,
9conservator, or other fiduciary, as applicable, may not make decisions for the
10principal that may be made by the agent, unless the guardian, conservator, or
11fiduciary is the agent.
SB391-SSA1,142,1913
243.07
(3) (b) A principal may nominate, by a durable power of attorney, the
14conservator, guardian of his or her estate, or guardian of his or her person for
15consideration by the court if
protective guardianship or conservatorship proceedings
16for the principal's person or estate are
thereafter commenced
after execution of the
17durable power of attorney. The court shall make its appointment in accordance with
18the principal's most recent nomination in a durable power of attorney except for good
19cause or disqualification.
SB391-SSA1,143,221
243.10
(7) (c) If a principal, after executing a durable power of attorney, is
22adjudicated incompetent in this state, has a conservator appointed for him or her, or
23a court charges another fiduciary with the management of all or some of his or her
24property, a court may under s. 54.46 (2) (c) or 54.76 (3g) or, for a fiduciary, after a
25hearing upon a petition, as applicable, for good cause shown, revoke the durable
1power of attorney or limit the authority of the agent under the terms of the durable
2power of attorney.
SB391-SSA1,143,64
252.15
(2) (a) 4. a. The individual has been adjudicated incompetent
under ch.
5880 in this state, is under 14 years of age or is unable to give consent because he or
6she is unable to communicate due to a medical condition.
SB391-SSA1,143,138
252.15
(2) (a) 4. b. The health care provider obtains consent for the testing from
9the individual's guardian, if the individual is adjudicated incompetent
under ch. 880 10in this state; from the individual's parent or guardian, if the individual is under 14
11years of age; or from the individual's closest living relative or another with whom the
12individual has a meaningful social and emotional relationship if the individual is not
13a minor nor adjudicated incompetent.
SB391-SSA1, s. 170
14Section
170. 252.15 (2) (bm) (intro.) of the statutes is amended to read:
SB391-SSA1,143,1915
252.15
(2) (bm) (intro.) The health care provider that subjects a person to a test
16for the presence of HIV, antigen or nonantigenic products of HIV
, or an antibody to
17HIV under par. (a) 3. shall provide the test subject and the test subject's guardian,
18if the test subject is
an individual found incompetent
under ch. 880 in this state, with
19all of the following information:
SB391-SSA1,143,2521
252.15
(5) (a) 15. To anyone who provides consent for the testing under sub. (2)
22(a) 4. b., except that disclosure may be made under this subdivision only during a
23period in which the test subject is adjudicated incompetent
under ch. 880 in this
24state, is under 14 years of age
, or is unable to communicate due to a medical
25condition.
SB391-SSA1,144,92
253.10
(3) (c) 7. If the woman considering an abortion is a minor, unless s.
348.375 (4) (a) 2. applies, the requirements to provide information to the woman under
4subds. 1. to 6. apply
to also
to require provision of the information to the individual
5whose consent is also required under s. 48.375 (4) (a) 1. If the woman considering
6an abortion
has been adjudicated is an individual adjudicated incompetent
under ch.
7880 in this state, the requirements to provide information to the woman under subds.
81. to 6. apply to also require provision of the information to the person appointed as
9the woman's guardian.
SB391-SSA1,144,1211
343.06
(1) (L) To any person who has been declared incompetent under s. 54.25
12(2) (c) 1. d. to apply for an operator's license.
SB391-SSA1,144,15
14343.31 (title)
Revocation or suspension of licenses after certain
15convictions or declarations.
SB391-SSA1,144,2217
343.31
(2x) The department shall suspend a person's operating privilege upon
18receiving a record of a declaration under s. 54.25 (2) (c) 1. d. that the person is
19incompetent to apply for an operator's license. The department may reinstate the
20person's operator's license upon receiving a record of a declaration that the person
21is no longer incompetent to apply for an operator's license under s. 54.25 (2) (c) 1. d.,
22if the person is otherwise qualified under this chapter to obtain an operator's license.
SB391-SSA1,145,3
1343.31
(3) (a) Except as otherwise provided in this subsection or sub. (2m)
or, 2(2s)
, or (2x), all revocations or suspensions under this section shall be for a period of
3one year.
SB391-SSA1,145,155
403.308
(1) In an action with respect to an instrument, the authenticity of, and
6authority to make, each signature on the instrument is admitted unless specifically
7denied in the pleadings. If the validity of a signature is denied in the pleadings, the
8burden of establishing validity is on the person claiming validity, but the signature
9is presumed to be authentic and authorized unless the action is to enforce the liability
10of the purported signer and the signer is dead or
adjudicated incompetent at the time
11of trial of the issue of validity of the signature. If an action to enforce the instrument
12is brought against a person as the undisclosed principal of a person who signed the
13instrument as a party to the instrument, the plaintiff has the burden of establishing
14that the defendant is liable on the instrument as a represented person under s.
15403.402 (1).
SB391-SSA1,145,23
17440.121 Credential denial, nonrenewal, and revocation based on
18incompetency. Notwithstanding any other provision of chs. 440 to 480 relating to
19issuance or renewal of a credential, the department shall deny an application for an
20initial credential or credential renewal or revoke a credential issued to an individual
21for whom the department receives a record of a declaration under s. 54.25 (2) (c) 1.
22d. stating that the individual is incompetent to apply for a credential under chs. 440
23to 480.
SB391-SSA1,146,6
1565.30
(2) Payment of prizes to minors. If the prize for a winning lottery ticket
2or lottery share given to a minor is less than $1,000, the administrator may make
3payment of the prize by delivering to an adult member of the minor's family, or to the
4minor's guardian, a check or draft payable to the minor. If the prize is $1,000 or more,
5the administrator shall make payment to the minor by paying or delivering the
6money to a broker or financial institution under s.
880.65 54.870 (1) (b).
SB391-SSA1,146,178
609.65
(1) (intro.) If an enrollee of a limited service health organization,
9preferred provider plan, or defined network plan is examined, evaluated, or treated
10for a nervous or mental disorder pursuant to
a court order under s. 880.33 (4m) or
11(4r), 2003, stats., an emergency detention under s. 51.15, a commitment or a court
12order under s. 51.20
or 880.33 (4m) or (4r), an order for protective placement or
13protective services under ch. 55, an order under s. 55.14 or 55.19 (3) (e), or
an order
14under ch. 980, then, notwithstanding the limitations regarding participating
15providers, primary providers, and referrals under ss. 609.01 (2) to (4) and 609.05 (3),
16the limited service health organization, preferred provider plan, or defined network
17plan shall do all of the following:
SB391-SSA1,146,2219
628.10
(1) General. An intermediary's license issued under s. 628.04 remains
20in force until it is revoked or limited under sub. (2), until it is suspended under sub.
21(2) or s. 227.51 (3), until it is surrendered or until the licensee dies or is
in this state 22adjudicated incompetent
as defined in s. 880.01 (4).
SB391-SSA1,147,924
705.04
(2) If the account is a P.O.D. account, on the death of the original payee
25or the survivor of 2 or more original payees, any sums remaining on deposit belong
1to the P.O.D. beneficiaries if surviving, or to the survivor of them if one or more die
2before the original payee. Payment may be made to a minor P.O.D. beneficiary,
3however, only in accordance with a procedure approved in ch.
880 54. If 2 or more
4P.O.D. beneficiaries survive, they shall be entitled to payment of the sums on deposit
5in accordance with such written instructions as may have been filed with the
6financial institution, and if none, to payment in equal shares. There is no right of
7survivorship in the event of the death of one of 2 or more P.O.D. beneficiaries after
8their entitlement to payment has matured unless the terms of the account expressly
9provide for survivorship or for the account's continuance as a joint account.
SB391-SSA1,147,1611
706.03
(4) A conveyance by a minor or
an individual adjudicated incompetent
12in this state is effective only if executed by an authorized guardian on behalf of
such 13the minor or
individual adjudicated incompetent.
In the case of a limited
14incompetency, such This restriction does not apply if
an individual has been
15determined competent to make contracts under s. 880.33 (3) the individual's
16adjudication of incompetency permits him or her to contract.
SB391-SSA1,147,2318
706.09
(1) (f)
Lack of authority of officers, agents or fiduciaries. Any defect or
19insufficiency in authorization of any purported officer, partner, manager, agent
, or
20fiduciary to act in the name or on behalf of any corporation, partnership, limited
21liability company, principal, trust, estate, minor,
individual adjudicated 22incompetent
, or other holder of an interest in real estate purported to be conveyed
23in a representative capacity, after the conveyance has appeared of record for 5 years.
SB391-SSA1,148,16
1753.30
(1) The clerk of circuit court shall keep the books and records under s.
259.40 (2) (a) to (i) and ch. 799 and perform the duties under s. 59.40 (2) (j) to (q) for
3all matters in the circuit court except those under chs. 48
, 54, and 851 to
880 879.
4In counties having only one circuit judge, the circuit judge, with the approval of the
5chief judge of the judicial administrative district, may appoint the clerk of court
6register in probate. The appointments are revocable at the pleasure of the circuit
7judge. Appointments and revocations shall be in writing and shall be filed in the
8office of the register in probate. If appointed for this purpose, the clerk has the
9powers and duties of registers in probate. In prosecutions of ordinance violations in
10the circuit court in counties having a population of 500,000 or more, an assistant
11chief deputy clerk appointed under sub. (3) (a), or one of his or her deputies, shall
12enter upon the records of the court a statement of the offense charged, which shall
13stand as the complaint, unless the court directs formal complaint be made. The
14defendant's plea shall be guilty or not guilty, and shall be entered as not guilty on
15failure to plead, which plea of not guilty shall put all matters in such case at issue,
16any other provisions of law notwithstanding.
SB391-SSA1,149,218
757.48
(1) (a) Except as provided in s. 879.23 (4), in all matters in which a
19guardian ad litem is appointed by the court, the guardian ad litem shall be an
20attorney admitted to practice in this state. In order to be appointed as a guardian
21ad litem under s. 767.045, an attorney shall have completed 3 hours of approved
22continuing legal education that relates to the functions and duties of a guardian ad
23litem under ch. 767 and that includes training on the dynamics of domestic violence
24and the effects of domestic violence on victims of domestic violence and on children.
1In order to be appointed as a guardian ad litem under s. 54.40 (1), an attorney shall
2have complied with SRC chapter 36.
SB391-SSA1,149,84
757.48
(3) No guardian ad litem may be permitted to receive any
money or
5property assets or income of his or her ward, nor may any bond be required of a
6guardian ad litem, but all
money or property of his or her assets or income of the ward
7may be paid or delivered to
a general guardian of his or her property the ward's
8guardian of the estate, subject to the exceptions of s.
880.04 54.12.
SB391-SSA1,149,1810
757.69
(1) (h) Hear petitions for commitment and conduct probable cause
11hearings under ss. 51.20, 51.45 and 55.06 (11), conduct reviews of guardianships
12under ch. 54 and
reviews of protective placements and protective services under
chs. 13ch. 55
and 880, advise a person alleged to be mentally ill of his or her rights under
14the United States and Wisconsin constitutions
, and, if the person claims or appears
15to be unable to afford counsel, refer the person to the authority for indigency
16determinations specified under s. 977.07 (1) or, if the person is a child, refer that child
17to the state public defender
, who shall appoint counsel for the child without a
18determination of indigency, as provided in s. 48.23 (4).
SB391-SSA1,149,2520
758.19
(6) (a) In this subsection, "guardian ad litem costs" means the costs of
21guardian ad litem compensation that a county incurs under ch. 48,
54, 55, 767,
880 22or 938
or ch. 880, 2003 stats., that the county has final legal responsibility to pay
, or
23that the county is unable to recover from another person and that does not exceed
24the per hour rate established for time spent in court by private attorneys under s.
25977.08 (4m) (b).
SB391-SSA1,150,42
758.19
(6) (d) 1. The total cost of guardian ad litem compensation that the
3county incurred under chs. 48,
54, 55, 767,
880 and 938
and ch. 880, 2003 stats., in
4the previous calendar year.
SB391-SSA1,150,96
758.19
(6) (d) 2. The total guardian ad litem compensation that the county
7initially paid under chs. 48,
54, 55, 767,
880 and 938
and ch. 880, 2003 stats., and that
8was recovered in the previous calendar year by the county from another responsible
9person.
SB391-SSA1,151,511
765.11
(1) If any parent, grandparent, child, or natural guardian of a minor
12applicant for a marriage license, any brother, sister
, or guardian of either of the
13applicants for a marriage license, either of the applicants, the district attorney
, or a
14circuit court commissioner believes that the statements of the application are false
15or insufficient, or that
the applicants or either of them are an applicant is adjudicated 16incompetent
without the right to marry, that person may file with the court having
17probate jurisdiction in the county in which the marriage license is applied for, a
18petition under oath, setting forth the grounds of objection to the marriage
, and
19asking for an order requiring the parties making
such
the application to show cause
20why the marriage license should not be refused. Whereupon, the court, if satisfied
21that the grounds of objection are prima facie valid, shall issue an order to show cause
22as aforesaid, returnable as the court directs, but not more than 14 days after the date
23of the order, which shall be served forthwith upon the applicants for the marriage
24license residing in the state, and upon the clerk before whom the application has been
25made, and shall operate as a stay upon the issuance of the marriage license until
1further ordered; if either or both of the applicants are nonresidents of the state the
2order shall be served
forthwith immediately upon the nonresident by publication of
3a class 1 notice, under ch. 985, in the county
wherein
in which the application is
4pending, and by mailing a copy thereof to the nonresident at the address contained
5in the application.
SB391-SSA1,151,87
766.51
(7) A court may appoint a conservator or guardian under ch.
880 54 to
8exercise a disabled spouse's right to manage and control marital property.
SB391-SSA1,151,1810
767.29
(3) (a) If maintenance payments or support money, or both, is ordered
11to be paid for the benefit of any
person, individual who is committed by court order
12to an institution or is in confinement
, or whose legal custody is vested by court order
13under ch. 48 or 938 in an agency, department
or, relative,
or other entity, the court
14or a circuit court commissioner may order
such the maintenance payments or
15support money to be paid to the relative
or, agency, institution, welfare department
, 16or other entity having the legal or actual custody of
said person the individual, and
17to be used for the latter's care and maintenance, without the appointment of a
18guardian
under ch. 880 in this state.
SB391-SSA1,152,3
20786.01 Conveyance of lands held in trust by persons under disability. 21Whenever any minor or
person individual adjudicated incompetent
to manage his or
22her affairs is seized or possessed of any lands or interest in any lands by way of
23mortgage or in trust only for others, the circuit court of the proper county may, upon
24the petition of the guardian of the minor or
individual adjudicated incompetent
25person or of any person in any way interested in the real estate, make an order
1authorizing or compelling the minor or
individual adjudicated incompetent
person 2to convey and assure the lands or interest in the lands to any person entitled thereto,
3in such manner as the court directs.
SB391-SSA1,152,10
5786.02 Specific performance of incompetent's contract of individual
6adjudicated incompetent. A circuit court may authorize or compel the specific
7performance of any contract made by any
person who becomes individual who is
8adjudicated incompetent before
the performance
thereof of the contract, on the
9complaint or petition of the guardian of the
individual adjudicated incompetent
10person or of any other person interested in the contract.
SB391-SSA1,152,21
12786.03 Specific performance; order; appeal. No order authorizing or
13directing any such conveyance or the performance of any such contract shall be made
14until after hearing the parties and being satisfied that such conveyance ought to be
15made or such contract ought to be performed. The court may, by such order, direct
16the guardian of such
individual adjudicated incompetent
person, or a special
17guardian appointed in such proceeding, to do any act which is necessary to carry such
18order into effect. The court may further direct that the reasonable expenses of the
19proceedings be paid out of the proceeds of the sale. No appeal shall lie from such
20order unless notice of intention to appeal shall be filed with the court within 10 days
21after date of the order. The court may enforce such order by any proper proceedings.
SB391-SSA1,153,9
23786.04 Specific performance; conveyance; warranties. The court may
24require the guardian to convey the real estate which such
individual adjudicated 25incompetent
person might or ought to have conveyed if still competent. Where such
1incompetent person individual contracted before incompetency to convey real estate
2by warranty deed, the guardian shall convey by warranty deed subject to any
3exceptions set forth in the
incompetent's individual's contract to convey. The
4guardian shall not be personally liable because of any breach of such warranty, but
5such warranty deed shall have the same effect for all purposes as if the
individual
6adjudicated incompetent had executed it at such time while competent. This section
7is applicable where an
individual adjudicated incompetent before incompetency
8made an assignment of a contract to convey real estate but did not deed to the
9assignee the title to the premises covered by the contract.
SB391-SSA1,153,16
11786.05 Specific performance; recording order; effect. A certified copy of
12such judgment directing such conveyance, which is recorded in the office of the
13register of deeds in the county where the lands lie, shall be prima facie evidence of
14the correctness of the proceedings and of the authority of the guardian to convey.
15Every such conveyance shall be as effectual in passing the estate as if the
individual
16adjudicated incompetent were then competent and executed the conveyance.
SB391-SSA1,153,21
18786.06 Realty of wards; grounds for mortgage, sale, lease. (intro.) Any
19real estate, or interest therein belonging to a minor or to
a person an individual
20adjudicated incompetent
to manage personal affairs may be sold, mortgaged or
21leased:
SB391-SSA1,154,223
786.06
(1) When the personal property and the income of the real estate of such
24minor or
individual adjudicated incompetent
person are together insufficient for the
1payment of his or her debts or for the maintenance and education of himself or herself
2and family;
SB391-SSA1,154,74
786.06
(2) When the interests of such minor or
individual adjudicated 5incompetent
person require or will be substantially promoted by such disposition on
6account of such real estate or interest therein being exposed to waste or dilapidation,
7or being unproductive, or for other peculiar reasons or circumstances.
SB391-SSA1,155,3
9786.07 Realty of wards or incompetents individuals adjudicated
10incompetent; application for sale or encumbrance. The application for the
11disposition must be made to the circuit court of the county in which the real estate
12or some part thereof is situated or to the circuit court of the county in which the
13general guardian for the minor or
individual adjudicated incompetent
person has
14been appointed, by petition of the
general guardian of the minor or of the
incompetent
15person individual or by any relative or other person in behalf of either. The petition
16must be verified and must set forth the facts which would authorize the selling,
17mortgaging or leasing of the real estate or some part of the real estate for one or more
18of the reasons set forth in s. 786.06. If the real estate sold or some part of the real
19estate is situated in a county other than that in which the proceeding is taken, a
20certified copy of the order confirming the sale containing the name of the purchaser,
21the selling price and a description of the property sold shall be recorded in the office
22of the register of deeds of the county in which the real estate or any part of the real
23estate is situated. When the minor or
individual adjudicated incompetent
person has
24a
general guardian and the application is to any court other than the court in which
25the
general guardian was appointed, notice of hearing of the application shall be
1given by mailing a copy of the notice to the judge of the court that appointed the
2general guardian, and also to the
general guardian, unless he or she is the petitioner,
3at least 10 days before the date of the hearing.