AB859,14,2524 2. The surviving parent consents to the appointment of the person as the
25guardian of the person or of the estate, or both, of the minor.
AB859, s. 27
1Section 27. 880.09 (2) (c) of the statutes is created to read:
AB859,15,72 880.09 (2) (c) If both parents of the minor are deceased and if the last surviving
3parent did not nominate a guardian under sub. (4), (5) or (6), the court shall appoint
4as guardian of the person or of the estate, or both, of the minor a person who meets
5all of the following qualifications, unless the court finds that the appointment of the
6person as the guardian of the person or of the estate, or both, of the minor is not in
7the the best interests of the minor:
AB859,15,98 1. The last surviving parent consented to and fostered the person's formation
9of a parent-like relationship with the minor.
AB859,15,1110 2. The person resided with the minor and the last surviving parent prior to the
11death of that parent.
AB859,15,1512 3. The person assumed obligations of parenthood by taking significant
13responsibility for the minor's care, education and development, including
14contributing towards the minor's support, without expectation of financial
15compensation.
AB859,15,1816 4. The person has been in a parental role for a length of time sufficient for the
17person to have established with the minor a bonded, dependent relationship that is
18parental in nature.
AB859,15,2019 5. The person states that he or she agrees to serve as the guardian of the person
20or of the estate, or both, of the minor if appointed by the court.
AB859, s. 28 21Section 28. 880.15 (1g) of the statutes is created to read:
AB859,16,222 880.15 (1g) Preference. (a) If one or both of the parents of a minor, a
23developmentally disabled person or a person with other like incapacity are suitable
24and willing, the court shall appoint one or both of them as temporary guardian unless

1the proposed ward objects. The court shall appoint a corporate temporary guardian
2under s. 880.35 only if no suitable individual guardian is available.
AB859,16,83 (b) If one parent of a minor is deceased and if the deceased parent did not
4nominate a guardian under s. 880.09 (4), (5) or (6), the court shall appoint as
5temporary guardian of the person or of the estate, or both, of the minor a person who
6meets all of the following qualifications, unless the court finds that the appointment
7of the person as the temporary guardian of the person or of the estate, or both, of the
8minor is not in the best interests of the minor:
AB859,16,109 1. The person states that he or she agrees to serve as the temporary guardian
10of the person or of the estate, or both, of the minor if appointed by the court.
AB859,16,1211 2. The surviving parent consents to the appointment of the person as the
12temporary guardian of the person or of the estate, or both, of the minor.
AB859,16,1813 (c) If both parents of the minor are deceased and if the last surviving parent
14did not nominate a guardian under s. 880.09 (4), (5) or (6), the court shall appoint as
15temporary guardian of the person or of the estate, or both, of the minor a person who
16meets all of the following qualifications, unless the court finds that the appointment
17of the person as the temporary temporary guardian of the person or of the estate, or
18both, of the minor is not in the the best interests of the minor:
AB859,16,2019 1. The last surviving parent consented to and fostered the person's formation
20of a parent-like relationship with the minor.
AB859,16,2221 2. The person resided with the minor and the last surviving parent prior to the
22death of that parent.
AB859,17,223 3. The person assumed obligations of parenthood by taking significant
24responsibility for the minor's care, education and development, including

1contributing towards the minor's support, without expectation of financial
2compensation.
AB859,17,53 4. The person has been in a parental role for a length of time sufficient for the
4person to have established with the minor a bonded, dependent relationship that is
5parental in nature.
AB859,17,76 5. The person states that he or she agrees to serve as the temporary guardian
7of the person or of the estate, or both, of the minor if appointed by the court.
AB859, s. 29 8Section 29. 880.155 (title) of the statutes is amended to read:
AB859,17,10 9880.155 (title) Visitation by grandparents and, stepparents and certain
10other persons
.
AB859, s. 30 11Section 30. 880.155 (1) of the statutes is renumbered 880.155 (1) (intro.) and
12amended to read:
AB859,17,1313 880.155 (1) (intro.) In this section, "stepparent":
AB859,17,15 14(b) "Stepparent" means the surviving spouse of a deceased parent of a minor
15child, whether or not the surviving spouse has remarried.
AB859, s. 31 16Section 31. 880.155 (1) (a) of the statutes is created to read:
AB859,17,2217 880.155 (1) (a) "Person who has maintained a relationship similar to a
18parent-child relationship with the minor" means a person who is not a parent of a
19minor, but who has resided in the same home with the minor and a parent of the
20minor prior to the parent's death and who has maintained a relationship similar to
21a parent-child relationship with the minor within 2 years prior to the date on which
22a petition under sub. (2) is filed.
AB859, s. 32 23Section 32. 880.155 (2) of the statutes is amended to read:
AB859,18,1224 880.155 (2) If one or both parents of a minor child are deceased and the child
25minor is in the custody of the surviving parent or any other person, a grandparent

1or stepparent of the child minor or a person who has maintained a relationship
2similar to a parent-child relationship with the minor
may petition for visitation
3privileges with respect to the child minor, whether or not the person with custody is
4married. The grandparent or, stepparent or person who has maintained a
5relationship similar to a parent-child relationship with the minor
may file the
6petition in a guardianship or temporary guardianship proceeding under this chapter
7that affects the minor child or may file the petition to commence an independent
8action under this chapter. The court may grant reasonable visitation privileges to
9the grandparent or, stepparent or person who has maintained a relationship similar
10to a parent-child relationship with the minor
if the surviving parent or other person
11who has custody of the child minor has notice of the hearing and if the court
12determines that visitation is in the best interest of the child minor.
AB859, s. 33 13Section 33. 880.155 (3) of the statutes is amended to read:
AB859,18,1514 880.155 (3) Whenever possible, in making a determination under sub. (2), the
15court shall consider the wishes of the child minor.
AB859, s. 34 16Section 34. 880.155 (5) of the statutes is amended to read:
AB859,18,1817 880.155 (5) This section applies to every minor child in this state whose parent
18or parents are deceased, regardless of the date of death of the parent or parents.
AB859,18,1919 (End)
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