Amendment SSA1-SB391

SB391-SSA1, s. 193 Section 193. 766.51 (7) of the statutes is amended to read:

SB391-SSA1,151,8 766.51 (7) A court may appoint a conservator or guardian under ch. 880 54 to exercise a disabled spouse's right to manage and control marital property.

SB391-SSA1, s. 194 Section 194. 767.29 (3) (a) of the statutes is amended to read:

SB391-SSA1,151,18 767.29 (3) (a) If maintenance payments or support money, or both, is ordered to be paid for the benefit of any person, individual who is committed by court order to an institution or is in confinement, or whose legal custody is vested by court order under ch. 48 or 938 in an agency, department or, relative, or other entity, the court or a circuit court commissioner may order such the maintenance payments or support money to be paid to the relative or, agency, institution, welfare department, or other entity having the legal or actual custody of said person the individual, and to be used for the latter's care and maintenance, without the appointment of a guardian under ch. 880 in this state.

SB391-SSA1, s. 195 Section 195. 786.01 of the statutes is amended to read:

SB391-SSA1,152,3 786.01 Conveyance of lands held in trust by persons under disability. Whenever any minor or person individual adjudicated incompetent to manage his or her affairs is seized or possessed of any lands or interest in any lands by way of mortgage or in trust only for others, the circuit court of the proper county may, upon the petition of the guardian of the minor or individual adjudicated incompetent person or of any person in any way interested in the real estate, make an order authorizing or compelling the minor or individual adjudicated incompetent person to convey and assure the lands or interest in the lands to any person entitled thereto, in such manner as the court directs.

SB391-SSA1, s. 196 Section 196. 786.02 of the statutes is amended to read:

SB391-SSA1,152,10 786.02 Specific performance of incompetent's contract of individual adjudicated incompetent. A circuit court may authorize or compel the specific performance of any contract made by any person who becomes individual who is adjudicated incompetent before the performance thereof of the contract, on the complaint or petition of the guardian of the individual adjudicated incompetent person or of any other person interested in the contract.

SB391-SSA1, s. 197 Section 197. 786.03 of the statutes is amended to read:

SB391-SSA1,152,21 786.03 Specific performance; order; appeal. No order authorizing or directing any such conveyance or the performance of any such contract shall be made until after hearing the parties and being satisfied that such conveyance ought to be made or such contract ought to be performed. The court may, by such order, direct the guardian of such individual adjudicated incompetent person, or a special guardian appointed in such proceeding, to do any act which is necessary to carry such order into effect. The court may further direct that the reasonable expenses of the proceedings be paid out of the proceeds of the sale. No appeal shall lie from such order unless notice of intention to appeal shall be filed with the court within 10 days after date of the order. The court may enforce such order by any proper proceedings.

SB391-SSA1, s. 198 Section 198. 786.04 of the statutes is amended to read:

SB391-SSA1,153,9 786.04 Specific performance; conveyance; warranties. The court may require the guardian to convey the real estate which such individual adjudicated incompetent person might or ought to have conveyed if still competent. Where such incompetent person individual contracted before incompetency to convey real estate by warranty deed, the guardian shall convey by warranty deed subject to any exceptions set forth in the incompetent's individual's contract to convey. The guardian shall not be personally liable because of any breach of such warranty, but such warranty deed shall have the same effect for all purposes as if the individual adjudicated incompetent had executed it at such time while competent. This section is applicable where an individual adjudicated incompetent before incompetency made an assignment of a contract to convey real estate but did not deed to the assignee the title to the premises covered by the contract.

SB391-SSA1, s. 199 Section 199. 786.05 of the statutes is amended to read:

SB391-SSA1,153,16 786.05 Specific performance; recording order; effect. A certified copy of such judgment directing such conveyance, which is recorded in the office of the register of deeds in the county where the lands lie, shall be prima facie evidence of the correctness of the proceedings and of the authority of the guardian to convey. Every such conveyance shall be as effectual in passing the estate as if the individual adjudicated incompetent were then competent and executed the conveyance.

SB391-SSA1, s. 200 Section 200. 786.06 (intro.) of the statutes is amended to read:

SB391-SSA1,153,21 786.06 Realty of wards; grounds for mortgage, sale, lease. (intro.) Any real estate, or interest therein belonging to a minor or to a person an individual adjudicated incompetent to manage personal affairs may be sold, mortgaged or leased:

SB391-SSA1, s. 201 Section 201. 786.06 (1) of the statutes is amended to read:

SB391-SSA1,154,2 786.06 (1) When the personal property and the income of the real estate of such minor or individual adjudicated incompetent person are together insufficient for the payment of his or her debts or for the maintenance and education of himself or herself and family;

SB391-SSA1, s. 202 Section 202. 786.06 (2) of the statutes is amended to read:

SB391-SSA1,154,7 786.06 (2) When the interests of such minor or individual adjudicated incompetent person require or will be substantially promoted by such disposition on account of such real estate or interest therein being exposed to waste or dilapidation, or being unproductive, or for other peculiar reasons or circumstances.

SB391-SSA1, s. 203 Section 203. 786.07 of the statutes is amended to read:

SB391-SSA1,155,3 786.07 Realty of wards or incompetents individuals adjudicated incompetent; application for sale or encumbrance. The application for the disposition must be made to the circuit court of the county in which the real estate or some part thereof is situated or to the circuit court of the county in which the general guardian for the minor or individual adjudicated incompetent person has been appointed, by petition of the general guardian of the minor or of the incompetent person individual or by any relative or other person in behalf of either. The petition must be verified and must set forth the facts which would authorize the selling, mortgaging or leasing of the real estate or some part of the real estate for one or more of the reasons set forth in s. 786.06. If the real estate sold or some part of the real estate is situated in a county other than that in which the proceeding is taken, a certified copy of the order confirming the sale containing the name of the purchaser, the selling price and a description of the property sold shall be recorded in the office of the register of deeds of the county in which the real estate or any part of the real estate is situated. When the minor or individual adjudicated incompetent person has a general guardian and the application is to any court other than the court in which the general guardian was appointed, notice of hearing of the application shall be given by mailing a copy of the notice to the judge of the court that appointed the general guardian, and also to the general guardian, unless he or she is the petitioner, at least 10 days before the date of the hearing.

SB391-SSA1, s. 204 Section 204. 786.08 (1) (a) of the statutes is amended to read:

SB391-SSA1,155,13 786.08 (1) (a) When the application is made on behalf of a minor or individual adjudicated incompetent, who has no general guardian, the court shall appoint some suitable person special guardian of the minor or incompetent individual in the proceeding; the special guardian shall give a bond to the judge of the court, to be filed with the clerk of the circuit court, in such sum, with such sureties, and in such form as the circuit court or judge directs, conditioned for the faithful performance of the trust reposed, for paying over, investing or accounting for all moneys that shall be received by the guardian, according to law and for observance of the directions of the court in relation to the trust.

SB391-SSA1, s. 205 Section 205. 786.08 (1) (b) of the statutes is amended to read:

SB391-SSA1,155,20 786.08 (1) (b) When the minor shall have a general guardian, such general the guardian may be appointed special guardian in said matter; or, such general the guardian, as such, may be authorized and empowered to act in and conduct such proceedings in the same manner, and with the same provisions as to an additional general guardian's bond, as is provided in said proceedings for the conduct thereof by the general guardian of individuals adjudicated incompetent persons.

SB391-SSA1, s. 206 Section 206. 786.08 (2) of the statutes is amended to read:

SB391-SSA1,156,2 786.08 (2) When the application is made on behalf of an individual adjudicated incompetent person, the guardian of the incompetent person individual shall, in the discretion of the court, give a bond to the judge of the court to be filed with the clerk of the circuit court, in such sum, additional to the guardian's original bond, as the court deems necessary, with such sureties and such conditions for the faithful performance of trust reposed as prescribed by this section.

SB391-SSA1, s. 207 Section 207. 786.10 of the statutes is amended to read:

SB391-SSA1,156,13 786.10 Order for lease, mortgage, sale. If, after an examination of the matter by the court or judge to which application is made, without a reference, or on the coming in of the report of the referee, and on examination of the matter, it shall satisfactorily appear that a disposition of any part of the real estate of such minor or individual adjudicated incompetent person or any interest therein is necessary and proper, for any of the causes mentioned in s. 786.06 such court or judge shall make an order directing and authorizing the guardian to contract for the leasing, mortgaging, or sale of such real estate or interest therein or of such part thereof as the court or judge shall deem proper in such manner and with such restrictions as shall be deemed expedient.

SB391-SSA1, s. 208 Section 208. 786.13 of the statutes is amended to read:

SB391-SSA1,157,2 786.13 Platting realty of wards before sale. Whenever an order shall have been made for the sale of any such real estate and it shall be made to appear to the court or judge that the interest of the minor or other ward would be promoted by platting such real estate the court or judge may, by order, authorize the guardian either alone or together with the cotenants, if any, or other owners, to make and acknowledge a plat of such real estate in the manner prescribed in ch. 236. A plat made pursuant to such order, certified and acknowledged in manner and form prescribed in ch. 236 and approved by the court or presiding judge, shall be as valid and effectual as if made by such the minor when of full age or by such incompetent person when of sound memory and understanding the individual adjudicated incompetent before the adjudication. After such plat shall have been duly made and recorded such guardians may make separate sales of any lot or lots, according to such plat, or of such ward's interest therein in the manner above prescribed.

SB391-SSA1, s. 209 Section 209. 786.14 of the statutes is amended to read:

SB391-SSA1,157,8 786.14 Realty of wards; will or conveyance not disregarded. No real estate or interest therein shall be sold, mortgaged or leased under the provisions of this chapter contrary to the provisions of any will by which the same was devised or of any conveyance by which the same was transferred to such the minor or individual adjudicated incompetent person.

SB391-SSA1, s. 210 Section 210. 786.15 of the statutes is amended to read:

SB391-SSA1,157,16 786.15 Realty of wards, validity of the conveyance. Every deed, mortgage, lease or other conveyance made in good faith by the guardian of a minor or individual adjudicated incompetent person, pursuant to any order or judgment of a circuit court, made under the provisions of this chapter, shall be as valid and effectual as if made by the minor when of full age or by the incompetent person when of sound memory and understanding individual adjudicated incompetent before the adjudication.

SB391-SSA1, s. 211 Section 211. 786.16 of the statutes is amended to read:

SB391-SSA1,157,23 786.16 Realty of wards; effect of sale; proceeds realty. No sale of the real estate of any minor or individual adjudicated incompetent person shall give to such the minor or incompetent person individual any other or greater interest or estate in the proceeds of such sale than the minor or incompetent person individual had in the estate so sold; but the said proceeds shall be deemed real estate of the same nature as the property sold.

SB391-SSA1, s. 212 Section 212. 786.17 (1) of the statutes is amended to read:

SB391-SSA1,158,11 786.17 (1) The court shall make an order for the application and disposition of the proceeds of any such sale or mortgage, and of the income derived from the investment thereof and of the rent accruing upon any such lease, and direct the investment of any portion thereof belonging to the minor or individual adjudicated incompetent person which that is not needed for the payment of debts or the immediate support of the person individual and the person's individual's family, so as to secure the same for the benefit of the minor or incompetent person individual, and shall direct a return of the investment to be made on oath as soon as possible, and shall require accounts to be rendered periodically by any guardian or other person who may be entrusted with the disposition of the proceeds or the income thereof.

SB391-SSA1, s. 213 Section 213. 786.18 (1) of the statutes is amended to read:

SB391-SSA1,158,18 786.18 (1) If the real estate or interest therein of any minor or any individual adjudicated incompetent person which that is directed to be sold is subject to an estate for life or for years in the whole or any part thereof the order for the sale may, in the discretion of the court or presiding judge, direct that such estate shall be sold, with the reversionary estate or interest of the minor or incompetent person individual.

SB391-SSA1, s. 214 Section 214. 786.19 of the statutes is amended to read:

SB391-SSA1,159,7 786.19 Ward's particular estate, disposition. Where the interest of the minor or individual adjudicated incompetent person in real estate consists of an estate for life or for years the court or presiding judge may, by order, authorize the guardian to join with the person individual holding the reversionary estate in a conveyance of the property to which such interest attaches, so as to fully convey the particular estate, on receiving from the proceeds of the sale a gross sum in satisfaction of such estate or such proceeds or the proper portion thereof to be invested, and the interest thereon paid to the person individual having such the estate until the termination thereof; in either case the amount to be ascertained as prescribed in s. 786.18. When the proceeds or a proportionate part of such proceeds is received by the guardian for investment, the order of the court or presiding judge must provide for the investment thereof until termination of the particular estate, and then for the payment thereof to the person individual entitled thereto.

SB391-SSA1, s. 215 Section 215. 786.20 of the statutes is amended to read:

SB391-SSA1,159,13 786.20 Minor, or incompetent , ward of the court. From the time of application on behalf of a minor or of an incompetent person having no guardian for the disposition of property, the minor or incompetent person shall be considered the ward of the court in which the application is made, so far as it relates to property, its proceeds and income.

SB391-SSA1, s. 216 Section 216. 786.21 of the statutes is amended to read:

SB391-SSA1,159,18 786.21 Estate of individual adjudicated incompetent, management. The real estate of an individual adjudicated incompetent person shall may not be leased for more than 5 years, or mortgaged or disposed of otherwise than is authorized and directed by this chapter.

SB391-SSA1, s. 217 Section 217. 786.25 (1) of the statutes is amended to read:

SB391-SSA1,160,2 786.25 (1) If a minor or individual adjudicated incompetent person residing outside this state owns any right, title, or interest in or to any real estate in this state and has a guardian or conservator who has been appointed in the state, territory or, district, or country where he or she resides and no guardian appointed in this state, the foreign guardian or conservator may file a copy of the appointment, authenticated so as to make the same receivable in evidence, in the circuit court for the county in which the real estate of the minor or individual adjudicated incompetent person is situated.

SB391-SSA1, s. 218 Section 218. 786.25 (2) of the statutes is amended to read:

SB391-SSA1,160,13 786.25 (2) Upon filing of the appointment under sub. (1) and proper application, the foreign guardian or conservator may be licensed by the court or presiding judge to lease, mortgage, or sell the real estate of his or her ward in the county under sub. (1), or any portion thereof, or interest therein, in the same manner and upon the same terms and conditions and for the same purposes as prescribed in this chapter in the case of a guardian appointed in this state. The court, or the presiding judge thereof, may, upon the petition of such foreign guardian or conservator, appoint some suitable person residing in this state, special guardian of the minor or individual adjudicated incompetent person to make the lease, mortgage, or sale in the manner provided by this chapter.

SB391-SSA1, s. 219 Section 219. 786.25 (3) of the statutes is amended to read:

SB391-SSA1,160,23 786.25 (3) In case a special guardian shall be appointed the moneys arising from such lease, mortgage or sale shall be paid out and disposed of or invested as may be directed by the court or judge appointing such special guardian. The duly authenticated copy of the appointment of any guardian or conservator appointed in any other state, district, territory, or country together with a duly authenticated copy of the appointment of the special guardian of such minor or individual adjudicated incompetent person, shall also be properly recorded and tract indexed at the ward's expense in the office of the register of deeds of the county in which such real estate is situated.

SB391-SSA1, s. 220 Section 220. 801.11 (2) (intro.) of the statutes is amended to read:

SB391-SSA1,161,6 801.11 (2) Natural person under disability. (intro.) Upon a natural person under disability by serving the summons in any manner prescribed in sub. (1) upon such the person under disability and, in addition, where required by par. (a) or (b), upon a person therein designated. A minor 14 years of age or older who is not mentally adjudicated incompetent and not otherwise under guardianship is not a person under disability for purposes of this subsection.

SB391-SSA1, s. 221 Section 221. 801.11 (2) (b) of the statutes is amended to read:

SB391-SSA1,161,13 801.11 (2) (b) Where the person under disability is known by the plaintiff to be under guardianship of any kind, a summons shall be served separately upon the guardian in any manner prescribed in sub. (1), (5) or (6). If no guardian has been appointed when service is made upon a person known to alleged by the plaintiff to be incompetent to have charge of the person's affairs, then service of the summons shall be made upon the guardian ad litem after appointment under s. 803.01.

SB391-SSA1, s. 222 Section 222. 802.10 (1) of the statutes is amended to read:

SB391-SSA1,161,20 802.10 (1) Application. This section applies to all actions and special proceedings except appeals taken to circuit court,; actions seeking the remedy available by certiorari, habeas corpus, mandamus, prohibition, and quo warranto,; actions in which all defendants are in default,; provisional remedies,; and actions under ss. 49.90 and s. 66.0114 and chs. 48, 54, 102, 108, 227, 348, 767, 778, 799 and 812, and proceedings under chs. 851 to 882.

SB391-SSA1, s. 223 Section 223. 803.01 (3) (title) of the statutes is amended to read:

SB391-SSA1,161,23 803.01 (3) (title) Infants Minors or individuals alleged or adjudicated incompetent persons.

SB391-SSA1, s. 224 Section 224. 803.01 (3) (a) of the statutes is amended to read:

SB391-SSA1,162,17 803.01 (3) (a) Appearance by guardian or guardian ad litem. If a party to an action or proceeding is a minor, or if the court has reason to believe that a party is mentally adjudicated incompetent or alleged to be incompetent to have charge of the party's affairs, the party shall appear by an attorney, by the general guardian of the party's property estate of the party who may appear by attorney, or by a guardian ad litem who may appear by an attorney. A guardian ad litem shall be appointed in all cases where in which the minor or individual alleged to be incompetent has no general guardian of property the estate, or where in which the general guardian fails to appear and act on behalf of the ward or individual adjudicated incompetent, or where in which the interest of the minor or individual adjudicated incompetent is adverse to that of the general guardian. Except as provided in s. 807.10, if the general guardian does appear and act and the interests of the general guardian are not adverse to the minor or individual adjudicated incompetent, a guardian ad litem shall may not be appointed. Except as provided in s. 879.23 (4), where if the interests of the minor or mentally individual alleged to be or adjudicated incompetent person are represented by an attorney of record, the court shall, except upon good cause stated in the record, appoint that attorney as the guardian ad litem.

SB391-SSA1, s. 225 Section 225. 803.01 (3) (b) 2. of the statutes is amended to read:

SB391-SSA1,163,2 803.01 (3) (b) 2. When the plaintiff is a minor 14 years of age or over, upon the plaintiff's application or upon the state's application under s. 767.045 (1) (c); or if the plaintiff is under that age or is mentally adjudicated incompetent or alleged to be incompetent, upon application of the plaintiff's guardian or of a relative or friend or upon application of the state under s. 767.045 (1) (c). If the application is made by a relative, a friend, or the state, notice thereof must first be given to the guardian if the plaintiff has one in this state; if the plaintiff has none, then to the person with whom the minor or mentally individual adjudicated incompetent resides or who has the minor or mentally individual adjudicated incompetent in custody.

SB391-SSA1, s. 226 Section 226. 803.01 (3) (b) 3. of the statutes is amended to read:

SB391-SSA1,163,10 803.01 (3) (b) 3. When the defendant is a minor 14 years of age or over, upon the defendant's application made within 20 days after the service of the summons or other original process; if the defendant is under that age or neglects to so apply or is mentally adjudicated incompetent or alleged to be incompetent, then upon the court's own motion or upon the application of any other party or any relative or friend or the defendant's guardian upon such notice of the application as the court directs or approves.

SB391-SSA1, s. 227 Section 227. 803.01 (3) (b) 4. of the statutes is amended to read:

SB391-SSA1,163,20 803.01 (3) (b) 4. If the appointment, for a plaintiff or a defendant, is after the commencement of the action, it shall be upon motion entitled in the action. If the appointment is for a plaintiff and is made before the action is begun, the petition for appointment shall be entitled in the name of the action proposed to be brought by the minor or individual adjudicated incompetent or alleged to be incompetent, and the appointment may be made before the summons is served. Upon the filing of a petition for appointment before summons, the clerk may impose the fee required for the commencement of an action, but in that event no additional commencement fee may be imposed when the summons is filed.

SB391-SSA1, s. 228 Section 228. 803.01 (3) (b) 5. of the statutes is amended to read:

SB391-SSA1,164,4 803.01 (3) (b) 5. The motion or petition under subd. 4. shall state facts showing the need and authority for the appointment. The hearing on the motion or petition under subd. 4., if made by a minor or mentally an individual adjudicated incompetent or alleged to be incompetent person for such person's the minor's or individual's guardian ad litem, may be held without notice and the appointment made by order. If the motion or petition is made for a minor or mentally an individual adjudicated incompetent or alleged to be incompetent who is an adverse party, the hearing shall be on notice.

SB391-SSA1, s. 229 Section 229. 803.01 (3) (b) 6. of the statutes is amended to read:

SB391-SSA1,164,11 803.01 (3) (b) 6. If a compromise or a settlement of an action or proceeding to which an unrepresented minor or mentally individual adjudicated incompetent or alleged to be incompetent person is a party is proposed, a guardian ad litem shall be appointed, upon petition in a special proceeding, to protect the interest of the minor or incompetent individual even though commencement of an action is not proposed. Any compromise or settlement shall be subject to s. 807.10.

SB391-SSA1, s. 230 Section 230. 803.01 (3) (c) (title) of the statutes is amended to read:

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: