54.74   Compensation of guardian ad litem.
54.75   Access to court records.
SUBCHAPTER VI
VOLUNTARY PROCEEDINGS;
CONSERVATORS
54.76   Conservator; appointment; duties and powers; termination.
SUBCHAPTER VII
UNIFORM GUARDIANSHIP ACTS
54.850   Definitions.
54.852   United States uniform veterans guardianship act.
54.854   Uniform transfers to minors act; definitions.
54.856   Scope and jurisdiction.
54.858   Nomination of custodian.
54.860   Transfer by gift or exercise of power of appointment.
54.862   Transfer authorized by will or trust.
54.864   Other transfer by fiduciary.
54.866   Transfer by obligor.
54.868   Receipt for custodial property.
54.870   Manner of creating custodial property and effecting transfer; designation of initial custodian; control.
54.872   Single custodianship.
54.874   Validity and effect of transfer.
54.876   Care of custodial property.
54.878   Powers of custodian.
54.880   Use of custodial property.
54.882   Custodian's expenses, compensation and bond.
54.884   Exemption of 3rd person from liability.
54.886   Liability to 3rd persons.
54.888   Renunciation, resignation, death or removal of custodian; designation of successor custodian.
54.890   Accounting by and determination of liability of custodian.
54.892   Termination of custodianship.
54.894   Applicability.
54.896   Effect on existing custodianships.
54.898   Uniformity of application and construction.
54.92   Uniform securities ownership by minors act.
54.93   Securities ownership by incompetents and spendthrifts.
54.950   Definitions.
54.952   Custodial trust; general.
54.954   Custodial trustee for future payment or transfer.
54.956   Form and effect of receipt and acceptance by custodial trustee, jurisdiction.
54.958   Transfer to custodial trustee by fiduciary or obligor; facility of payment.
54.960   Multiple beneficiaries; separate custodial trusts; survivorship.
54.962   General duties of custodial trustee.
54.964   General powers of custodial trustee.
54.966   Use of custodial trust property.
54.968   Determination of incapacity; effect.
54.970   Exemption of 3rd person from liability.
54.972   Liability to 3rd person.
54.974   Declination, resignation, incapacity, death or removal of custodial trustee, designation of successor custodial trustee.
54.976   Expenses, compensation and bond of custodial trustee.
54.978   Reporting and accounting by custodial trustee; determination of liability of custodial trustee.
54.980   Limitations of action against custodial trustee.
54.982   Distribution on termination.
54.984   Methods and forms for creating custodial trusts.
54.986   Applicable law.
54.988   Uniformity of application and construction.
Ch. 54 Cross-reference Cross-reference: See s. 46.011 for definitions applicable to chs. 46, 50, 51, 54, 55, and 58.
subch. I of ch. 54 SUBCHAPTER I
DEFINITIONS
54.01 54.01 Definitions. In subchs. I to VI:
54.01(1) (1)“Activities of daily living" means activities relating to the performance of self care, work, and leisure activities, including dressing, eating, grooming, mobility, and object manipulation.
54.01(2) (2)“Agency" means any public or private board, corporation, or association, including a county department under s. 51.42 or 51.437, that is concerned with the specific needs and problems of individuals with developmental disability, mental illness, alcoholism, or drug dependency and of aging individuals.
54.01(3) (3)“Conservator" means a person who is appointed by a court at an individual's request under s. 54.76 (2) to manage the estate of the individual.
54.01(4) (4)“Court" means the circuit court or judge assigned to exercise probate jurisdiction or the assignee of the judge under s. 757.68 (4m) or 851.73 (1) (g) who is assigned relevant authority.
54.01(5) (5)“Decedent" means the deceased individual whose estate is subject to administration.
54.01(6) (6)“Degenerative brain disorder" means the loss or dysfunction of an individual's brain cells to the extent that he or she is substantially impaired in his or her ability to provide adequately for his or her own care or custody or to manage adequately his or her property or financial affairs.
54.01(7) (7)“Depository account" has the meaning given in s. 815.18 (2) (e).
54.01(8) (8)“Developmental disability" means a disability attributable to intellectual disability, cerebral palsy, epilepsy, autism, or another neurological condition closely related to an intellectual disability or requiring treatment similar to that required for individuals with an intellectual disability, which has continued or can be expected to continue indefinitely, substantially impairs an individual from adequately providing for his or her own care or custody, and constitutes a substantial handicap to the afflicted individual. The term does not include dementia that is primarily caused by degenerative brain disorder.
54.01(9) (9)“Durable power of attorney" has the meaning given in s. 244.02 (3).
54.01(9g) (9g)“Foreign court" means a court of a foreign state having competent jurisdiction of a foreign ward.
54.01(9i) (9i)“Foreign guardian" means a guardian appointed by a foreign court for a foreign ward.
54.01(9k) (9k)“Foreign guardianship" means a guardianship issued by a foreign court.
54.01(9m) (9m)“Foreign state" means a state other than this state.
54.01(9p) (9p)“Foreign ward" means an individual who has been found by a foreign court to be incompetent or a spendthrift and who is subject to a guardianship order or related order in a foreign state.
54.01(10) (10)“Guardian" means a person appointed by a court under s. 54.10 to manage the income and assets and provide for the essential requirements for health and safety and the personal needs of an individual found incompetent or a spendthrift or to manage the income and assets of a minor. A person's assets may include, by court order, digital property, as defined in s. 711.03 (10).
54.01(11) (11)“Guardian of the estate" means a guardian appointed to comply with the duties specified in s. 54.19 and to exercise any of the powers specified in s. 54.20.
54.01(12) (12)“Guardian of the person" means a guardian appointed to comply with the duties specified in s. 54.25 (1) and to exercise any of the powers specified in s. 54.25 (2).
54.01(13) (13)“Heir" means any person, including the surviving spouse, who is entitled under the statutes of intestate succession to an interest in property of a decedent. The state is an heir of the decedent and a person interested under s. 45.51 (10) and (11) when the decedent was a member of the Wisconsin Veterans Home at King or at the facilities operated by the department of veterans affairs under s. 45.50 at the time of the decedent's death.
54.01(14) (14)“Impairment" means a developmental disability, serious and persistent mental illness, degenerative brain disorder, or other like incapacities.
54.01(15) (15)“Incapacity" means the inability of an individual effectively to receive and evaluate information or to make or communicate a decision with respect to the exercise of a right or power.
54.01(16) (16)“Individual found incompetent" means an individual who has been adjudicated by a court as meeting the requirements of s. 54.10 (3).
54.01(17) (17)“Interested person" means any of the following:
54.01(17)(a) (a) For purposes of a petition for guardianship, any of the following:
54.01(17)(a)1. 1. The proposed ward, if he or she has attained 14 years of age.
54.01(17)(a)2. 2. The spouse or adult child of the proposed ward, or the parent of a proposed ward who is a minor.
54.01(17)(a)3. 3. For a proposed ward who has no spouse, child, or parent, an heir, as defined in s. 851.09, of the proposed ward that may be reasonably ascertained with due diligence.
54.01(17)(a)4. 4. Any individual who is nominated as guardian, any individual who is appointed to act as guardian or fiduciary for the proposed ward by a court of any state, any trustee for a trust established by or for the proposed ward, any person appointed as agent under a power of attorney for health care, as defined in s. 155.01 (4), or any person appointed as agent under a durable power of attorney under ch. 244.
54.01(17)(a)5. 5. If the proposed ward is a minor, the individual who has exercised principal responsibility for the care and custody of the proposed ward during the period of 60 consecutive days immediately before the filing of the petition.
54.01(17)(a)6. 6. If the proposed ward is a minor and has no living parent, any individual nominated to act as fiduciary for the minor in a will or other written instrument that was executed by a parent of the minor.
54.01(17)(a)7. 7. If the proposed ward is receiving moneys paid, or if moneys are payable, by the federal department of veterans affairs, a representative of the federal department of veterans affairs, or, if the proposed ward is receiving moneys paid, or if moneys are payable, by the state department of veterans affairs, a representative of the state department of veterans affairs.
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2021-22 Wisconsin Statutes updated through 2023 Wis. Act 93 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on March 22, 2024. Published and certified under s. 35.18. Changes effective after March 22, 2024, are designated by NOTES. (Published 3-22-24)