SB518: Bill Text

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)