SB518: Bill Text

SB518,14,18 53.29 Proceedings in more than one state. Except for a petition for the appointment of a temporary guardian or issuance of an order limited to property located in this state under s. 53.24 (1) (a) or (b), if a petition for the appointment of a guardian of the person or issuance of an order appointing a guardian of the estate is filed in this state and in another state and neither petition has been dismissed or withdrawn, all of the following rules apply:

SB518,14,21 (1) If the court in this state has jurisdiction under s. 53.23, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to s. 53.23 before the appointment or issuance of the order.

SB518,15,2 (2) If the court in this state does not have jurisdiction under s. 53.23, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.

SB518,15,4 subchapter iii transfer of guardianship

SB518,15,7 53.31 Transfer of guardianship to another state. (1) A guardian of the person or guardian of the estate appointed in this state may petition the court to transfer the guardianship to another state.

SB518,15,10 (2) Notice of a petition under sub. (1) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian under s. 54.38.

SB518,15,14 (3) On the court's own motion or on request of the guardian of the person or guardian of the estate, the individual subject to a guardianship of the person or of the estate, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed under sub. (1).

SB518,15,19 (4) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian of the person or guardian of the estate to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that all of the following are satisfied:

SB518,15,22 (a) The individual subject to the guardianship of the person or of the estate is physically present in or is reasonably expected to move permanently to the other state.

SB518,15,25 (b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the individual subject to the guardianship of the person or of the estate.

SB518,16,3 (c) For guardianship of the person, plans for care and services for the individual subject to the guardianship of the person in the other state are reasonable and sufficient.

SB518,16,5 (d) For guardianship of the estate, adequate arrangements will be made for management of the property of the individual subject to a guardianship of the estate.

SB518,16,7 (5) The court shall issue a final order confirming the transfer and terminating the guardianship upon its receipt of all of the following:

SB518,16,9 (a) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to s. 53.32.

SB518,16,10 (b) The documents required to terminate a guardianship in this state.

SB518,16,13 (6) The court may at any time appoint a guardian ad litem to represent the interests of the respondent. The court shall appoint a guardian ad litem if an objection is made under sub. (4) (b).

SB518,16,22 53.32 Accepting guardianship transferred from another state. (1) To confirm transfer of a guardianship of the person or of the estate transferred to this state under provisions similar to s. 53.31, the guardian of the person or guardian of the estate must petition the court in this state to accept the guardianship. The petition must include a certified copy of the other state's provisional order of transfer. The petition shall also include a proposed order specifying the powers to be granted in this state and a sworn statement that, to the best of the petitioner's knowledge, the proposed order is consistent with the authority granted to the guardian in the other state.

SB518,17,2 (2) Notice of a petition under sub. (1) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian of the person or issuance of an order appointing a guardian of the estate in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.

SB518,17,6 (3) On the court's own motion or on request of the guardian of the person or guardian of the estate, the individual subject to a guardianship of the person or of the estate, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed under sub. (1).

SB518,17,8 (4) The court shall issue an order provisionally granting a petition filed under sub. (1) unless any of the following circumstances occurs:

SB518,17,13 (a) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the individual subject to a guardianship of the person or of the estate or that the proposed powers to be given to the guardian significantly expand the powers granted to the guardian in the other state.

SB518,17,15 (b) The guardian of the person or guardian of the estate is ineligible for appointment in this state.

SB518,17,20 (5) The court shall issue a final order accepting the proceeding and appointing the guardian of the person or guardian of the estate as guardian in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to s. 53.31 transferring the proceeding to this state.

SB518,17,25 (6) Not later than 60 days after issuance of a final order accepting transfer of a guardianship of the person or of the estate, the court shall determine whether the guardianship needs to be modified to conform to the law of this state. If a petitioner requests the expansion of powers that were granted to a guardian in another state, a hearing shall be held that conforms to the requirements of s. 54.63.

SB518,18,4 (7) In granting a petition under this section, the court shall recognize a guardianship order from the other state, including the determination of incapacity of the individual subject to a guardianship of the person or of the estate and the appointment of the guardian of the person or guardian of the estate.

SB518,18,9 (8) The denial by a court of this state of a petition to accept a guardianship transferred from another state does not affect the ability of the guardian of the person or of the estate to seek appointment as guardian in this state under s. 54.10 or 54.76 if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.

SB518,18,13 (9) The court may at any time appoint a guardian ad litem to represent the interests of the respondent or to assist the court in conforming the order to the laws of this state. The court shall appoint a guardian ad litem if an objection is made under sub. (4) (a).

SB518,18,16 subchapter IV registration and recognition of orders from other states

SB518,18,23 53.41 Registration of guardianship of the person orders. If a guardian of the person has been appointed in another state and a petition for the appointment of a guardian of the person is not pending in this state, the guardian of the person appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship of the person order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.

SB518,19,6 53.42 Registration of guardianship of the estate orders. If a guardian of the estate has been appointed in another state and a petition for an order to appoint a guardian of the estate is not pending in this state, the guardian of the estate appointed in the other state, after giving notice to the appointing court of an intent to register, may register the order appointing the guardian of the estate in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the individual subject to the guardianship of the estate is located, certified copies of the order and letters of office and of any bond.

SB518,19,12 53.43 Effect of registration. (1) Upon registration of a guardianship order from another state, the guardian of the person or guardian of the estate may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian of the person or of the estate is not a resident of this state, subject to any conditions imposed upon nonresident parties.

SB518,19,14 (2) A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.

SB518,19,15 subchapter V

SB518,19,16 uniformity; federal law

SB518,19,19 53.51 Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

SB518,19,25 53.52 Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 USC 7001 to 7031, but does not modify, limit, or supersede section 101 (c) of that act, 15 USC 7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of that act, 15 USC 7003 (b).

SB518,2 Section 2. 54.30 (1) of the statutes is amended to read:

SB518,20,9 54.30 (1) Jurisdiction. Except as provided in s. 54.38 (1), the circuit court has subject matter jurisdiction over all petitions for guardianship. A guardianship of the estate of any individual, once granted, shall extend to all of the ward's income and assets in this state and shall exclude the jurisdiction of every other circuit court, except as provided in ch. 786. Jurisdiction under this subsection also extends to the petition by a foreign guardian for the receipt and acceptance of a foreign guardianship, except as provided in s. 54.38 (1m) ch. 53 and, if the petition is granted, to the accepted guardianship. Personal jurisdiction is subject to ch. 53.

SB518,3 Section 3 . 54.30 (4) of the statutes is created to read:

SB518,20,15 54.30 (4) Conflicts of jurisdiction or venue. Before making a determination of jurisdiction or venue under this section, the circuit court shall first make any applicable determination of jurisdiction or venue under ch. 53. If any determination of jurisdiction or venue made under this section conflicts with a determination made under ch. 53, the court shall apply the determination made under ch. 53.

SB518,4 Section 4 . 54.34 (1) (intro.) of the statutes is amended to read:

SB518,20,19 54.34 (1) (intro.) Any Subject to ch. 53, any person may petition for the appointment of a guardian for an individual. The petition shall state all of the following, if known to the petitioner:

SB518,5 Section 5 . 54.34 (3) (intro.) of the statutes is renumbered 54.34 (3) and amended to read:

SB518,20,25 54.34 (3) A petition for the receipt and acceptance by this state of a foreign guardianship of a foreign ward who resides in or intends to move to this state may include other petitions related to the foreign guardianship, such as a petition to modify the terms of the foreign guardianship, and shall include all of the following:.

SB518,6 Section 6. 54.34 (3) (a) to (j) of the statutes are repealed.

SB518,7 Section 7 . 54.38 (1m) of the statutes is repealed.

SB518,8 Section 8 . 54.44 (1) (c) 1. of the statutes is amended to read:

SB518,21,7 54.44 (1) (c) 1. If a motion for a hearing on a petition for receipt and acceptance of a foreign guardianship is made by the foreign ward, by a person who has received notice under s. 54.38 (1m) (a) 3. 53.32 (2), or on the court's own motion, a hearing on the petition shall be heard within 90 days after the petition is filed.

SB518,9 Section 9 . Initial applicability.

SB518,21,10 (1) This act first applies to guardianship proceedings initiated on the effective date of this subsection.

SB518,21,11 (End)