SB391-SSA1, s. 405
12Section
405. 880.191 (1) of the statutes is renumbered 54.60 (7) and amended
13to read:
SB391-SSA1,207,2414
54.60
(7) Verification, examination in court. Every guardian
of the estate 15shall verify by
the guardian's oath
to the best of the guardian's information and belief
16that every inventory required of the guardian
and verification shall be to the effect
17that the inventory is true of of the estate includes all
property which belongs to his
18or her decedent's estate or his or her ward, which has come to the guardian's
19possession or knowledge, and that upon diligent inquiry the guardian has not been
20able to discover any property belonging to the estate or ward which is not included
21therein income and assets of the ward. The court, at the request of any party
22interested, or on its own motion
, may examine the guardian
of the estate on oath
in
23relation thereto, as to the inventory or
in relation to any supposed omission
from the
24inventory.
SB391-SSA1, s. 406
1Section
406. 880.191 (2) of the statutes is renumbered 54.60 (8) and amended
2to read:
SB391-SSA1,208,83
54.60
(8) Citation to file inventory and to account. If any guardian neglects
4to file the inventory or account when required by law, the
circuit judge court shall call
5the
guardian's attention
of the guardian of the estate to the neglect. If the guardian
6still neglects of the estate continues to neglect his or her duty
in the premises, the
7court shall order the guardian
of the estate to file the inventory
, and the costs may
8be adjudged against the guardian
of the estate.
SB391-SSA1, s. 408
10Section
408. 880.195 of the statutes is renumbered 54.625 and amended to
11read:
SB391-SSA1,208,23
1254.625 Transfer of Menominees guardianship funds to trust of a
13Menominee. The
circuit court
which that has appointed a guardian of the estate
14of any minor or
individual found incompetent who is a
legally enrolled member of the
15Menominee Indian tribe
, as defined in s. 49.385
, or a lawful distributee
thereof, as
16defined in s. 54.850 (3), of the member may direct the guardian to transfer the assets
17in the guardian's possession of the minor or
individual found incompetent
in the
18guardian's possession to the trustees of the trust created by the secretary of interior
19or his or her delegate
which that receives property of the minors or
incompetents 20individuals found incompetent that is transferred from the United States or any
21agency thereof as provided by P.L.
83-399, as amended, and the assets shall
22thereafter be held, administered
, and distributed in accordance with the terms and
23conditions of the trust.
SB391-SSA1, s. 410
1Section
410. 880.215 of the statutes is renumbered 54.47 and amended to
2read:
SB391-SSA1,209,14
354.47 Lis pendens, void contracts. A certified copy of the petition and order
4for hearing provided for in ss.
880.07 54.34 and
880.08 54.38 may be filed in the office
5of the register of deeds for the county
; and if. If a guardian
shall be is appointed
upon
6such application after a hearing on the petition and if the court's order includes a
7finding that the ward may not make contracts, all contracts, except for necessaries
8at reasonable prices, and all gifts, sales
, and transfers of property made by
such
9insane or incompetent person or spendthrift, the ward after the filing of a certified
10copy of
such petition and the order
as aforesaid, shall be void. The validity of a
11contract made by a person under limited guardianship is not void, however, unless
12the determination is made by the court in its finding under s. 880.33 (3) that the ward
13is incapable of exercising the power to make contracts are void, unless notified by the
14guardian in writing.
SB391-SSA1, s. 413
17Section
413. 880.22 (1) of the statutes is renumbered 54.19 (7) and amended
18to read:
SB391-SSA1,209,2419
54.19
(7) Every general guardian shall
With respect to claims, pay the
just 20legally enforceable debts of the ward
out of, including by filing tax returns and paying
21any taxes owed,from the ward's
personal estate and
the income
of the ward's real
22estate, if sufficient, and if not, then out of the ward's real estate upon selling the same
23as provided by law. But a temporary guardian shall pay the debts of his or her ward
24only on order of the court and assets.
SB391-SSA1, s. 415
1Section
415. 880.22 (2) of the statutes is renumbered 54.20 (2) (L) and
2amended to read:
SB391-SSA1,210,133
54.20
(2) (L)
The guardian or a creditor of any ward may apply Apply to the
4court for adjustment of
any claims against the ward incurred
prior to before entry
5of the order appointing the guardian or the filing of a lis pendens as provided in s.
6880.215 54.47. The court shall by order fix the time and place it will adjust claims
7and the time within which all claims
must shall be presented
or be barred. Notice
8of
the time and place so fixed and limited these times and the place shall be given by
9publication as
in estates of decedents; and all statutes relating to claims against and
10in favor of estates of decedents provided in s. 879.05 (4), and ch. 859 generally shall
11apply.
As in the settlement of estates of deceased persons, after After the court has
12made the order
, no action or proceeding may be commenced or maintained in any
13court against the ward upon any claim
of over which the circuit court has jurisdiction.
SB391-SSA1, s. 417
15Section
417. 880.23 of the statutes is renumbered 54.20 (3) (j) and amended
16to read:
SB391-SSA1,210,2217
54.20
(3) (j)
The guardian shall settle Settle all
claims and accounts of the ward
18and
may demand, sue for, collect and receive all debts and claims for damages due
19him or her, or may, with the approval of the circuit court, compound and discharge
20the same, and shall appear for and represent
his or her the ward in all actions and
21proceedings except
where those for which another person is appointed
for that
22purpose.
SB391-SSA1, s. 420
1Section
420. 880.24 (2) of the statutes is renumbered 54.42 (4) and amended
2to read:
SB391-SSA1,211,73
54.42
(4) Ward's Right to payment of expenses in contesting proceedings. 4When If a guardian is appointed
, the court
may shall, if the court determines it
5reasonable, allow
reasonable payment from the ward's income or assets of expenses
6incurred by the ward in contesting the appointment.
These expenses are payable
7before other attorney or guardian ad litem fees.
SB391-SSA1, s. 421
8Section
421. 880.24 (3) (title) of the statutes is renumbered 54.46 (3) (title) and
9amended to read:
SB391-SSA1,211,1010
54.46
(3) (title)
Fees and costs of petitioner.
SB391-SSA1, s. 422
11Section
422. 880.24 (3) (a) (intro.) of the statutes is renumbered 54.46 (3) (a)
12(intro.) and amended to read:
SB391-SSA1,211,1813
54.46
(3) (a)
Petitioner's attorney fees and costs. (intro.)
Except as provided in
14par. (b), when If a guardian is appointed, the court shall award from the ward's
estate 15income and assets payment of the petitioner's reasonable attorney fees and costs
,
16including those fees and costs, if any, related to protective placement of the ward, 17unless the court finds, after considering all of the following, that it would be
18inequitable to do so:
SB391-SSA1, s. 423
19Section
423. 880.24 (3) (a) 1. to 3. of the statutes are renumbered 54.46 (3) (a)
201. to 3.
SB391-SSA1, s. 424
21Section
424. 880.24 (3) (a) 4. of the statutes is renumbered 54.46 (3) (a) 5.
SB391-SSA1, s. 425
22Section
425. 880.24 (3) (b) of the statutes is renumbered 54.46 (3) (a) 4. and
23amended to read:
SB391-SSA1,212,324
54.46
(3) (a) 4.
If the court finds that Whether the ward had executed a durable
25power of attorney under s. 243.07 or a power of attorney for health care under s.
1155.05 or had engaged in other advance planning
to avoid guardianship, the court
2may not make the award specified in par. (a) for financial and health care decision
3making.
SB391-SSA1, s. 426
4Section
426. 880.245 of the statutes is renumbered 54.62 (6) and amended to
5read:
SB391-SSA1,212,136
54.62
(6) Accounting by agent 3rd parties to guardian.
The circuit court, upon
7the application of any If a guardian appointed by
it a court so requests, the court may
8order any person
who has been entrusted by the guardian with
any part of the estate
9of a
decedent or ward to appear before the court
, and
may require the person to render
10a full account, on oath, of
any property or papers belonging to the estate which have
11come to the person's possession the income or assets and of his or her
proceedings
12thereon action regarding the income or assets. If the person refuses to appear and
13render an account
, the court may proceed against him or her as for contempt.
SB391-SSA1, s. 428
15Section
428. 880.25 (1) of the statutes is renumbered 54.62 (1) and amended
16to read:
SB391-SSA1,213,1017
54.62
(1) Annual reports. Every Except as provided in sub. (3) or unless
18waived by a court, every guardian,
except including a corporate guardian, shall, prior
19to April 15 of each year, file an account under oath
specifying that specifies the
20amount of
property the ward's assets or income received and held or invested by the
21guardian, the nature and manner of the investment, and the guardian's receipts and
22expenditures during the preceding calendar year.
When ordered by the court, The
23court may order the guardian
shall within 30 days
to render and file
, within 30 days, 24a like account for
any shorter term less than a year. In lieu of the filing of these
25accounts before April 15 of each year, the court may, by appropriate order upon
1motion of the guardian, direct the guardian of an estate to
thereafter render and file
2the annual accountings within 60 days after the anniversary date of the guardian's
3qualification as guardian, with the accounting period from the anniversary date of
4qualification to the ensuing annual anniversary date.
When any guardian of a minor
5has custody of the ward and the care of the ward's education, the guardian's report
6shall state the time that the ward attended school during the time for which the
7account is rendered and the name of the school. The guardian shall also report any
8change in the status of the surety upon the guardian's bond.
If the court determines
9it to be in the ward's best interests, the court may specify the persons to whom the
10guardian shall distribute copies of the account.
SB391-SSA1, s. 429
11Section
429. 880.25 (2) of the statutes is renumbered 54.62 (2) and amended
12to read:
SB391-SSA1,213,2013
54.62
(2) Display of assets. Upon rendering the account the guardian shall
14produce for examination by the court, or
some by a person satisfactory to the court,
15evidence of all
of the ward's securities,
evidences of deposit depository accounts, and
16other investments
reported, which shall be described in the account in sufficient
17detail so that they may be readily identified.
It shall be ascertained The court or
18person satisfactory to the court shall ascertain whether the
evidence of securities,
19evidences of deposit depository accounts, and
other investments correspond with the
20account.
SB391-SSA1, s. 430
21Section
430. 880.25 (3) of the statutes is renumbered 54.66 (2) and amended
22to read:
SB391-SSA1,214,423
54.66
(2) Small estates. When the whole estate of a ward or of several wards
24jointly, under the same guardianship, does not exceed $1,000 in value, the The 25guardian
shall be required to render of a ward with a small estate, as specified in s.
154.62 (3) (a), need not file a final account
only upon the termination of the guardian's
2guardianship, unless otherwise ordered by the court.
The guardian shall instead
3provide the court with a list of the ward's assets that remain at the time the
4guardianship terminates, including at the death of the ward.
SB391-SSA1, s. 431
5Section
431. 880.25 (4) of the statutes is renumbered 54.62 (5) and amended
6to read:
SB391-SSA1,214,147
54.62
(5) Examination of accounts. The account shall be
promptly examined
8under the court's direction and if it as the court directs. If the account is not
9satisfactory
it shall be examined on 8 days' notice and
, the court shall
make such
10order thereon order action as justice requires
. Notice and shall direct that notice be
11provided to the guardian
may be served personally or by certified mail
as the court
12directs. When the examination of a guardian's account is upon notice
. If notice is
13provided to the guardian under this subsection, the court may appoint a guardian
14ad litem
of for the ward
may be appointed.
SB391-SSA1, s. 432
15Section
432. 880.25 (5) of the statutes is renumbered 54.62 (7) (intro.) and
16amended to read:
SB391-SSA1,214,1917
54.62
(7) Notice of final action on an account. (intro.) No action by the court
18upon any on an account
shall be is final unless
it is upon
the guardian first provides 19notice
. to all of the following, as applicable:
SB391-SSA1, s. 434
21Section
434. 880.252 of the statutes is renumbered 54.62 (8) and amended to
22read:
SB391-SSA1,215,1323
54.62
(8) Accounts; failure of a guardian to file. If a guardian fails to file the
24guardian's account as required by law or ordered by the court, the court may, upon
25its own motion or upon the petition of any
interested party
interested, issue an order
1to the sheriff ordering, order the guardian to show cause
before the court why the
2guardian should not immediately make and file the guardian's reports or accounts.
3The court shall direct that a copy of the order be served on the guardian at least 20
4days before the date that the court has ordered the guardian to appear in court. If
5a guardian fails, neglects or refuses to make and file any report or account after
6having been cited by the court
so to do
so, or if the guardian fails to appear in court
7as directed by a citation issued
under direction and by
authority of the court, the
8court may,
upon on its own motion or
upon on the petition of any interested party,
9issue a warrant directed to the sheriff ordering that the guardian be brought before
10the court to show cause why the guardian should not be punished for contempt. If
11the court finds that the failure, refusal
, or neglect is willful or inexcusable, the
12guardian may be fined not to exceed
$50 $250 or imprisoned not to exceed 10 days
13or both.
SB391-SSA1, s. 435
14Section
435. 880.253 of the statutes is renumbered 54.62 (9) and amended to
15read:
SB391-SSA1,215,2016
54.62
(9) Formal accounting
Accounting by guardians at any time. The
judge 17court may at any time require an accounting by any guardian at a hearing
, after
18providing notice to all interested persons
, including sureties on the bond of a
19guardian.
The sureties on a bond of a guardian may once in every 3-year period
20petition the court for such a hearing.
SB391-SSA1, s. 437
22Section
437. 880.26 (1) (intro.) of the statutes is renumbered 54.64 (3) (intro.)
23and amended to read:
SB391-SSA1,215,2524
54.64
(3) Guardianship
Termination of guardianship of the person. (intro.)
25A guardianship of the person shall terminate
when
if any of the following occurs:
SB391-SSA1, s. 438
1Section
438. 880.26 (1) (a) of the statutes is renumbered 54.64 (3) (c) and
2amended to read:
SB391-SSA1,216,53
54.64
(3) (c) A
formerly minor ward attains
his or her majority, unless the minor
4is incompetent age 18, unless the guardianship was ordered on the grounds of
5incompetency.
SB391-SSA1, s. 439
6Section
439. 880.26 (1) (b) of the statutes is renumbered 54.64 (3) (d) and
7amended to read:
SB391-SSA1,216,98
54.64
(3) (d) A minor ward
lawfully
whose guardianship was not ordered on the
9grounds of incompetency marries.
SB391-SSA1, s. 440
10Section
440. 880.26 (1) (c) of the statutes is renumbered 54.64 (3) (a) and
11amended to read:
SB391-SSA1,216,1512
54.64
(3) (a) The court adjudicates a
former ward who was formerly found to
13be incompetent to be
competent no longer incompetent or a ward who was formerly
14found to be a spendthrift to be capable of handling his or her income and assets, or
15terminates the guardianship under sub. (2) (d).
SB391-SSA1, s. 441
16Section
441. 880.26 (2) (intro.) of the statutes is renumbered 54.64 (4) (intro.)
17and amended to read:
SB391-SSA1,216,1918
54.64
(4) Guardianship
Termination of guardianship of the estate. (intro.)
19A guardianship of the estate shall terminate
when
if any of the following occurs:
SB391-SSA1, s. 442
20Section
442. 880.26 (2) (a) of the statutes is renumbered 54.64 (4) (c) and
21amended to read:
SB391-SSA1,216,2222
54.64
(4) (c) A
formerly minor ward attains
his or her majority age 18.
SB391-SSA1, s. 443
23Section
443. 880.26 (2) (b) of the statutes is renumbered 54.64 (4) (d) and
24amended to read:
SB391-SSA1,217,2
154.64
(4) (d) A minor ward
lawfully whose guardianship was not ordered on the
2grounds of incompetency marries and the court approves the termination.
SB391-SSA1, s. 444
3Section
444. 880.26 (2) (c) of the statutes is renumbered 54.64 (4) (a) and
4amended to read:
SB391-SSA1,217,85
54.64
(4) (a) The court adjudicates a
former ward who was formerly found to
6be incompetent
or a spendthrift to be
no longer incompetent or a ward who was
7formerly found to be a spendthrift to be capable of handling his or her
property 8income and assets.
SB391-SSA1, s. 445
9Section
445. 880.26 (2) (d) of the statutes is renumbered 54.64 (4) (e) and
10amended to read:
SB391-SSA1,217,1211
54.64
(4) (e) A ward dies, except when the estate can be settled as provided by
12s.
880.28 54.66 (4).
SB391-SSA1, s. 446
13Section
446. 880.26 (3) of the statutes is renumbered 54.64 (5) (intro.) and
14amended to read:
SB391-SSA1,217,1915
54.64
(5) Depleted guardianships guardianship. (intro.)
When the If a court
16determines that the
estate income and assets of
the a ward
is below $5,000 do not
17exceed the amount specified in s. 867.03 (1g) and
are reduced to a point where it is
18to the advantage of the ward to dispense with the guardianship, the court may
19terminate do one of the following:
SB391-SSA1,218,3
20(a) Terminate the guardianship and
authorize order disposition of the
21remaining assets as provided by s.
880.04 (2) 54.12 (1). The court, as a part of the
22disposition, may order
a suitable amount paid to the county treasurer under order
23of the court or reserved in the guardianship to assure the ward a decent burial, a
24marker and care for the grave. In the case of an insolvent guardianship, the court
25may order an amount not exceeding $400 reserved in the guardianship or paid to the
1county treasurer under order of the court to assure the ward a decent burial the
2guardian to make appropriate financial arrangements for the burial or other
3disposition of the remains of the ward.
SB391-SSA1, s. 447
4Section
447. 880.27 of the statutes is renumbered 54.66 (1) and amended to
5read:
SB391-SSA1,218,176
54.66
(1) Settlement of accounts Render final account. Upon termination
7of If a court terminates a guardianship, or
upon resignation, removal or death of a
8guardian
, such resigns, is removed, or dies, the guardian or the guardian's personal
9representative
or special administrator shall
forthwith promptly render
the
10guardian's a final account to the court and to the
ward or former ward, the successor
11guardian
, or the deceased ward's personal representative
as the case may be. Upon
12approval of the account and filing proper receipts the guardian shall be discharged
13and the guardian's bond released or special administrator, as appropriate. If the
14ward dies and the guardian and the deceased ward's personal representative or
15special administrator are the same person, the deceased ward's personal
16representative or special administrator shall give notice of the termination and
17rendering of the final account to all interested persons of the ward's estate.
SB391-SSA1, s. 448
18Section
448. 880.28 of the statutes is renumbered 54.66 (4) and amended to
19read:
SB391-SSA1,218,2320
54.66
(4) Summary settlement of small estates. When If a ward dies leaving
21an estate
which that can be settled summarily under s. 867.01, the court may
22approve
such the settlement and distribution by the guardian
, under the procedures
23of s. 867.01 without
the necessity of appointing a personal representative.
SB391-SSA1, s. 449
24Section
449. 880.29 of the statutes is renumbered 54.64 (6) and amended to
25read:
SB391-SSA1,219,13
154.64
(6) Delivery of property to foreign guardian in another state. When
2property of a nonresident ward is in the possession of or due from a guardian or
3personal representative appointed in this state, the appointing court may order
such 4the property delivered to the
foreign guardian
upon filing appointed in the state of
5the nonresident ward after a verified petition, accompanied by a copy of
his or her 6the nonresident guardian's appointment and bond, authenticated so as to be
7admissible in evidence,
is filed with the court and
upon after 10 days' notice
is
8provided to the resident guardian or personal representative.
Such The petition
9shall be denied if granting it
shall appear appears to be against the interests of the
10ward.
The Any receipt
of obtained from the
foreign nonresident guardian for the
11property so delivered shall be taken and filed with the other papers in the proceeding,
12and a certified copy
thereof of the receipt shall be sent to the court
which that 13appointed
such the nonresident guardian.
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.