AB859: Bill Text

AB859,14,21 880.09 (2) (b) If one parent of a minor is deceased and if the deceased parent did not nominate a guardian under sub. (4), (5) or (6), the court shall appoint as guardian of the person or of the estate, or both, of the minor a person who meets all of the following qualifications, unless the court finds that the appointment of the person as the guardian of the person or of the estate, or both, of the minor is not in the best interests of the minor:

AB859,14,23 1. The person states that he or she agrees to serve as the guardian of the person or of the estate, or both, of the minor if appointed by the court.

AB859,14,25 2. The surviving parent consents to the appointment of the person as the guardian of the person or of the estate, or both, of the minor.

AB859, s. 27 Section 27. 880.09 (2) (c) of the statutes is created to read:

AB859,15,7 880.09 (2) (c) If both parents of the minor are deceased and if the last surviving parent did not nominate a guardian under sub. (4), (5) or (6), the court shall appoint as guardian of the person or of the estate, or both, of the minor a person who meets all of the following qualifications, unless the court finds that the appointment of the person as the guardian of the person or of the estate, or both, of the minor is not in the the best interests of the minor:

AB859,15,9 1. The last surviving parent consented to and fostered the person's formation of a parent-like relationship with the minor.

AB859,15,11 2. The person resided with the minor and the last surviving parent prior to the death of that parent.

AB859,15,15 3. The person assumed obligations of parenthood by taking significant responsibility for the minor's care, education and development, including contributing towards the minor's support, without expectation of financial compensation.

AB859,15,18 4. The person has been in a parental role for a length of time sufficient for the person to have established with the minor a bonded, dependent relationship that is parental in nature.

AB859,15,20 5. The person states that he or she agrees to serve as the guardian of the person or of the estate, or both, of the minor if appointed by the court.

AB859, s. 28 Section 28. 880.15 (1g) of the statutes is created to read:

AB859,16,2 880.15 (1g) Preference. (a) If one or both of the parents of a minor, a developmentally disabled person or a person with other like incapacity are suitable and willing, the court shall appoint one or both of them as temporary guardian unless the proposed ward objects. The court shall appoint a corporate temporary guardian under s. 880.35 only if no suitable individual guardian is available.

AB859,16,8 (b) If one parent of a minor is deceased and if the deceased parent did not nominate a guardian under s. 880.09 (4), (5) or (6), the court shall appoint as temporary guardian of the person or of the estate, or both, of the minor a person who meets all of the following qualifications, unless the court finds that the appointment of the person as the temporary guardian of the person or of the estate, or both, of the minor is not in the best interests of the minor:

AB859,16,10 1. The person states that he or she agrees to serve as the temporary guardian of the person or of the estate, or both, of the minor if appointed by the court.

AB859,16,12 2. The surviving parent consents to the appointment of the person as the temporary guardian of the person or of the estate, or both, of the minor.

AB859,16,18 (c) If both parents of the minor are deceased and if the last surviving parent did not nominate a guardian under s. 880.09 (4), (5) or (6), the court shall appoint as temporary guardian of the person or of the estate, or both, of the minor a person who meets all of the following qualifications, unless the court finds that the appointment of the person as the temporary temporary guardian of the person or of the estate, or both, of the minor is not in the the best interests of the minor:

AB859,16,20 1. The last surviving parent consented to and fostered the person's formation of a parent-like relationship with the minor.

AB859,16,22 2. The person resided with the minor and the last surviving parent prior to the death of that parent.

AB859,17,2 3. The person assumed obligations of parenthood by taking significant responsibility for the minor's care, education and development, including contributing towards the minor's support, without expectation of financial compensation.

AB859,17,5 4. The person has been in a parental role for a length of time sufficient for the person to have established with the minor a bonded, dependent relationship that is parental in nature.

AB859,17,7 5. The person states that he or she agrees to serve as the temporary guardian of the person or of the estate, or both, of the minor if appointed by the court.

AB859, s. 29 Section 29. 880.155 (title) of the statutes is amended to read:

AB859,17,10 880.155 (title) Visitation by grandparents and, stepparents and certain other persons.

AB859, s. 30 Section 30. 880.155 (1) of the statutes is renumbered 880.155 (1) (intro.) and amended to read:

AB859,17,13 880.155 (1) (intro.) In this section, "stepparent":

AB859,17,15 (b) "Stepparent" means the surviving spouse of a deceased parent of a minor child, whether or not the surviving spouse has remarried.

AB859, s. 31 Section 31. 880.155 (1) (a) of the statutes is created to read:

AB859,17,22 880.155 (1) (a) "Person who has maintained a relationship similar to a parent-child relationship with the minor" means a person who is not a parent of a minor, but who has resided in the same home with the minor and a parent of the minor prior to the parent's death and who has maintained a relationship similar to a parent-child relationship with the minor within 2 years prior to the date on which a petition under sub. (2) is filed.

AB859, s. 32 Section 32. 880.155 (2) of the statutes is amended to read:

AB859,18,12 880.155 (2) If one or both parents of a minor child are deceased and the child minor is in the custody of the surviving parent or any other person, a grandparent or stepparent of the child minor or a person who has maintained a relationship similar to a parent-child relationship with the minor may petition for visitation privileges with respect to the child minor, whether or not the person with custody is married. The grandparent or, stepparent or person who has maintained a relationship similar to a parent-child relationship with the minor may file the petition in a guardianship or temporary guardianship proceeding under this chapter that affects the minor child or may file the petition to commence an independent action under this chapter. The court may grant reasonable visitation privileges to the grandparent or, stepparent or person who has maintained a relationship similar to a parent-child relationship with the minor if the surviving parent or other person who has custody of the child minor has notice of the hearing and if the court determines that visitation is in the best interest of the child minor.

AB859, s. 33 Section 33. 880.155 (3) of the statutes is amended to read:

AB859,18,15 880.155 (3) Whenever possible, in making a determination under sub. (2), the court shall consider the wishes of the child minor.

AB859, s. 34 Section 34. 880.155 (5) of the statutes is amended to read:

AB859,18,18 880.155 (5) This section applies to every minor child in this state whose parent or parents are deceased, regardless of the date of death of the parent or parents.

AB859,18,19 (End)