LRB-4287/3
DAK:kmg&kaf:hmh
1997 - 1998 LEGISLATURE
February 18, 1998 - Introduced by Senators Darling and Roessler, cosponsored
by Representatives Sykora, Musser and F. Lasee. Referred to Committee on
Judiciary, Campaign Finance Reform and Consumer Affairs.
SB466,1,3
1An Act to create 880.24 (3) of the statutes;
relating to: requiring payment from
2a ward's estate of reasonable attorney fees and costs for successful petitioners
3in incompetency and guardianship proceedings.
Analysis by the Legislative Reference Bureau
Under current law, any relative, public official or other person may petition for
a finding of incompetence and appointment of a guardian for another. When a court
finds, after a hearing that is brought to review the petition, that an individual is
incompetent, the court orders appointment of a guardian for the person and estate
of the individual (the ward). The guardian must pay the ward's just debts from the
ward's estate.
This bill provides that the court that finds a person to be incompetent and
appoints a guardian also must allow payment, from the ward's estate, of the
successful petitioner's reasonable attorney fees and costs. This requirement first
applies to guardianship petitions that are pending on the day on which the bill
becomes law.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB466, s. 1
1Section
1. 880.24 (3) of the statutes is created to read:
SB466,2,42
880.24
(3) Fees and costs of petitioner. When a guardian is appointed, the
3court shall allow from the ward's estate payment of the petitioner's reasonable
4attorney fees and costs.
SB466,2,76
(1) This act first applies to petitions filed under section 880.07 (1) of the statutes
7that are pending on the effective date of this subsection.
