54.852(17)(17)Discharge of guardian and release of sureties. In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the U.S. department of veterans affairs showing that a minor ward has attained majority, or that an incompetent ward has been rated competent by the U.S. department of veterans affairs upon examination in accordance with law shall be prima facie evidence that the ward has attained majority, or has recovered competency. Upon hearing after notice as provided by this section and the determination by the court that the ward has attained majority or has recovered competency, an order shall be entered to that effect, and the guardian shall file a final account. Upon hearing after notice to the former ward and to the U.S. department of veterans affairs as in case of other accounts, upon approval of the final account, and upon delivery to the ward of the assets due from the guardian, the guardian shall be discharged and the sureties released.
54.852(18)(18)Liberal construction. This section shall be so construed to make uniform the law of those states which enact it.
54.852(19)(19)Short title. This section may be cited as the “Uniform Veterans Guardianship Act.”
54.852(20)(20)Modification of other statutes. Except where inconsistent with this section, the statutes relating to guardian and ward and the judicial practice relating thereto, including the right to trial by jury and the right of appeal, shall be applicable to beneficiaries and their estates.
54.852(21)(21)Application of section. The provisions of this section relating to surety bonds and the administration of estates of wards shall apply to all “income” and “estate” as defined in sub. (1) whether the guardian shall have been appointed under this section or under any other law of this state, special or general, prior or subsequent to June 5, 1947.
54.852 HistoryHistory: 1971 c. 41 ss. 8, 12; Stats. 1971 s. 880.60; 1973 c. 284; 1973 c. 333 s. 201m; 1979 c. 89; 1983 a. 189; 1989 a. 56; 1993 a. 486; 1999 a. 63, 85; 2005 a. 22; 2005 a. 387 ss. 518 to 525; Stats. 2005 s. 54.852.
54.85454.854Uniform transfers to minors act; definitions. In ss. 54.854 to 54.898:
54.854(1)(1)“Adult” means an individual who has attained the age of 21 years.
54.854(2)(2)“Broker” means a person lawfully engaged in the business of effecting transactions in securities or commodities for that person’s account or for the account of others.
54.854(3)(3)Notwithstanding s. 54.01 (3), “conservator” means a person appointed or qualified by a court to act as general, limited or temporary guardian of a minor’s property or a person legally authorized to perform substantially the same functions.
54.854(4)(4)Notwithstanding s. 54.01 (4), “court” means the circuit court.
54.854(5)(5)“Custodial property” means any interest in property transferred to a custodian under ss. 54.854 to 54.898 and the income from and proceeds of that interest in property.
54.854(6)(6)“Custodian” means a person so designated under s. 54.870 or a successor or substitute custodian designated under s. 54.888.
54.854(7)(7)“Financial institution” means a bank, trust company, savings bank, savings and loan association or other savings institution, or credit union, chartered and supervised under state or federal law.
54.854(8)(8)“Legal representative” means an individual’s personal representative or conservator.
54.854(9)(9)“Member of the minor’s family” means the minor’s parent, stepparent, spouse, grandparent, brother, sister, uncle or aunt, whether of the whole or half blood or by adoption.
54.854(10)(10)Notwithstanding s. 54.01 (20), “minor” means an individual who has not attained the age of 21 years.
54.854(11)(11)Notwithstanding s. 54.01 (23), “personal representative” means an executor, administrator, successor personal representative or special administrator of a decedent’s estate or a person legally authorized to perform substantially the same functions.
54.854(11m)(11m)“Qualified minor’s trust” means any trust, including a trust created by the custodian, that satisfies the requirements of section 2503 (c) of the Internal Revenue Code and the regulations implementing that section.
54.854(12)(12)“State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession subject to the legislative authority of the United States.
54.854(13)(13)“Transfer” means a transaction that creates custodial property under s. 54.870.
54.854(14)(14)“Transferor” means a person who makes a transfer under ss. 54.854 to 54.898.
54.854(15)(15)“Trust company” means a financial institution, corporation or other legal entity, authorized to exercise general trust powers.
54.854 HistoryHistory: 1987 a. 191; 1991 a. 221; 2005 a. 216; 2005 a. 387 s. 527; Stats. 2005 s. 54.854.
54.85654.856Scope and jurisdiction.
54.856(1)(1)Sections 54.854 to 54.898 apply to a transfer that refers to ss. 54.854 to 54.898 in the designation under s. 54.870 (1) by which the transfer is made if at the time of the transfer the transferor, the minor or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to ss. 54.854 to 54.898 despite a subsequent change in residence of a transferor, the minor or the custodian, or the removal of custodial property from this state.
54.856(2)(2)A person designated as custodian under s. 54.870 to 54.888 is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.
54.856(3)(3)A transfer that purports to be made and which is valid under the uniform transfers to minors act, the uniform gifts to minors act or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer the transferor, the minor or the custodian is a resident of the designated state or the custodial property is located in the designated state.
54.856 HistoryHistory: 1987 a. 191; 2005 a. 387 s. 528; Stats. 2005 s. 54.856.