Chapter 54, GUARDIANSHIPS AND CONSERVATORSHIPS

54.01 Definitions. In subchs. I to VI: (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. (2) “Agency” means any public or private board…

54.10 Appointment of guardian. (1) A court may appoint a guardian of the estate for an individual if the court determines that the individual is a minor. Except as provided in ss. 48.427, 48.831, 48.977, and 48.978, an appointment of a guardian of the person of a minor shall be c…

54.12 Exceptions to appointment of guardian. (1) SMALL ESTATES. If a minor or an individual found incompetent, except for his or her incapacity, is entitled to possess assets valued at the amount specified in s. 867.03 (1g) or less, any court in which an action or proceeding invo…

54.15 Selection of guardian; nominations; preferences; other criteria. The court shall consider all of the following in determining who is appointed as guardian: (1) OPINIONS OF PROPOSED WARD AND FAMILY. The court shall take into consideration the opinions of the proposed ward an…

54.18 General duties and powers of guardian; limitations; immunity. (1) A ward retains all his or her rights that are not assigned to the guardian or otherwise limited by statute. A guardian acting on behalf of a ward may exercise only those powers that the guardian is authorized…

54.19 Duties of guardian of the estate. Subject to s. 54.18 (1) and except as specifically limited in the order of appointment, the guardian of the estate shall, following any applicable procedures of s. 54.22, do all of the following in order to provide a ward with the greatest …

54.20 Powers of guardian of the estate. (1) STANDARD. In exercising the powers under this section, the guardian of the estate shall use the judgment and care that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, including the perm…

54.21 Petition to transfer ward’s assets to another. (1) In this section: (a) “Disabled” has the meaning given in s. 49.468 (1) (a) 1. (b) “Other individual” means any of the following: 1. The ward’s spouse, if any. 2. The ward’s close friend, if any, and if the close friend meet…

54.22 Petition for authority to sell, mortgage, pledge, lease, or exchange ward’s property. Notwithstanding s. 54.20 (3) (g), (h), and (i), a person interested in the estate of a ward may petition the court to require the guardian to sell, mortgage, pledge, lease, or exchange any…

54.25 Duties and powers of guardian of the person. (1) DUTIES. A guardian of the person shall do all of the following: (a) Make an annual report on the condition of the ward to the court that ordered the guardianship and to the county department designated under s. 55.02 (2). Tha…

54.26 Guardian training requirements. 54.26(1)(1) Required training topics. 54.26(1)(a)(a) Every guardian of the person, unless exempted under sub. (2) (c), (d), or (e), shall complete training on all of the following topics: 54.26(1)(a)1.1. The duties and required responsibiliti…

54.30 Jurisdiction and venue. (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 as…

54.34 Petition for guardianship or for receipt and acceptance of a foreign guardianship. (1) 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: (a) The name, da…

54.36 Examination of proposed ward. (1) Whenever it is proposed to appoint a guardian on the ground that a proposed ward allegedly has incompetency or is a spendthrift, a physician or psychologist, or both, shall examine the proposed ward and furnish a written report stating the …

54.38 Notice. (1) FORM AND DELIVERY OF NOTICE. A notice shall be in writing. A copy of the petition, motion, or other required document shall be attached to the notice. Unless otherwise provided, notice may be delivered in person, by certified mail with return receipt requested, …

54.40 Guardian ad litem; appointment; duties; termination. (1) APPOINTMENT. The court shall appoint a guardian ad litem when a petition for appointment of a guardian is brought under s. 54.34 (1), when a petition for receipt and acceptance of a foreign guardianship is brought und…

54.42 Rights of proposed ward or ward. (1) RIGHT TO COUNSEL. (a) The proposed ward or ward has the right to counsel, if any of the following occurs: 1. The proposed ward or ward requests counsel. 2. The guardian ad litem or another person states to the court that the proposed war…

54.44 Hearing. 54.44(1)(1) Time of hearing; provision of reports. 54.44(1)(a)(a) Time of hearing for petition. A petition for guardianship, other than a petition under par. (b) or (c) or s. 54.50 (1), shall be heard within 90 days after it is filed. The guardian ad litem and atto…

54.46 Disposition of petition. After the hearing under s. 54.44, the court shall dispose of the case in one of the following ways: (1) DISMISSAL OF THE PETITION FOR GUARDIANSHIP. (a) If the court finds any of the following, the court shall dismiss the petition: 1. Contrary to the…

54.47 Lis pendens, void contracts. A certified copy of the petition and order for hearing provided for in ss. 54.34 and 54.38 may be filed in the office of the register of deeds for the county. If a guardian is appointed after a hearing on the petition and if the court’s order in…

54.48 Protective placement and protective services. A finding of incompetency and appointment of a guardian under this chapter is not grounds for involuntary protective placement or the provision of protective services. A protective placement and the provision of protective servi…

54.50 Temporary guardianships. (1) STANDARD. If it is demonstrated to the court that a proposed ward’s particular situation, including the needs of the proposed ward’s dependents, requires the immediate appointment of a temporary guardian of the person or estate, the court may ap…

54.52 Standby guardianship. (1) A person may at any time bring a petition for the appointment of a standby guardian of the person or estate of an individual who is determined under s. 54.10 to be incompetent or a spendthrift or for the appointment of a standby guardian of the est…

54.54 Successor guardian. (1) APPOINTMENT. If a guardian dies, is removed by order of the court, or resigns and the resignation is accepted by the court, the court, on its own motion or upon petition of any interested person, may appoint a competent and suitable person as success…

54.60 Inventory. (1) INVENTORY REQUIRED. The guardian of the estate shall prepare an inventory that lists all of the ward’s income and assets, including interests in property and any marital property interest, regardless of how the asset is titled. (2) CONTENTS OF INVENTORY. The …

54.62 Accounts. (1) ANNUAL ACCOUNTS. Except as provided in sub. (3) or unless waived by a court, every guardian, including a corporate guardian, shall, prior to April 15 of each year, file an account under oath that specifies the amount of the ward’s assets or income received and…

54.625 Transfer of guardianship funds of a Menominee. The court that has appointed a guardian of the estate of any minor or individual found incompetent who is a legally enrolled member of the Menominee Indian tribe, as defined in s. 49.385, or a lawful distributee, as defined in…

54.63 Expansion of order of guardianship; procedure. (1) If the guardian or another interested person submits to the court a written statement with relevant accompanying support requesting the removal of rights from the ward and transfer to the guardian of powers in addition to t…

54.64 Review of incompetency and termination of guardianship. (1) DURATION. Any guardianship of an individual found to be incompetent under this chapter shall continue during the life of the ward, until terminated by the court, or as provided under sub. (3) or (4). (2) REVIEW AND…

54.66 Final accounts. (1) RENDER FINAL ACCOUNT. If a court terminates a guardianship, or a guardian resigns, is removed, or dies, the guardian or the guardian’s personal representative or special administrator shall promptly render a final account to the court and to the ward or …

54.68 Review of conduct of guardian. 54.68(1)(1) Continuing jurisdiction of court. The court that appointed the guardian or that granted a petition for acceptance and receipt of a foreign guardianship has continuing jurisdiction over the guardian. Within a reasonable period of ti…

54.72 Guardian compensation and reimbursement. A guardian of the person or a guardian of the estate is entitled to compensation and to reimbursement for expenses as follows: (1) COMPENSATION. (a) Subject to the court’s approval, as determined under par. (b), a guardian shall rece…

54.74 Compensation of guardian ad litem. Unless the court otherwise directs or unless a petition to the court under this chapter is dismissed, the court shall order reasonable compensation to be paid to a guardian ad litem appointed under s. 54.40 (1) from the ward’s income or as…

54.75 Access to court records. All court records pertinent to the finding of incompetency are closed but subject to access as provided in s. 51.30 or 55.22 or under an order of a court under this chapter. The fact that an individual has been found incompetent and the name of and …

54.76 Conservator; appointment; duties and powers; termination. (1) Any adult resident who is unwilling or believes that he or she is unable properly to manage his or her assets or income may voluntarily apply to the circuit court of the county of his or her residence for appoint…

54.850 Definitions. In this subchapter: (1) “Administration” means any proceeding relating to a decedent’s estate whether testate or intestate. (2) “Beneficiary” means any person nominated in a will to receive an interest in property other than in a fiduciary capacity. (3) “Distr…

54.852 United States uniform veterans guardianship act. (1) DEFINITIONS. As used in this section: (a) “Administrator” means the secretary of the U.S. department of veterans affairs or his or her successor. (b) “Benefits” means all moneys paid or payable by the United States throu…

54.854 Uniform transfers to minors act; definitions. In ss. 54.854 to 54.898: (1) “Adult” means an individual who has attained the age of 21 years. (2) “Broker” means a person lawfully engaged in the business of effecting transactions in securities or commodities for that person’…

54.856 Scope and jurisdiction. (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 thi…

54.858 Nomination of custodian. (1) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming th…

54.860 Transfer by gift or exercise of power of appointment. A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor under s. 54.870. History: 1987 a. 191; 2005 a. 387 s. 530; S…

54.862 Transfer authorized by will or trust. (1) A personal representative or trustee may make an irrevocable transfer under s. 54.870 to a custodian for the benefit of a minor as authorized in the governing will or trust. (2) If the testator or settlor has nominated a custodian …

54.864 Other transfer by fiduciary. (1) Subject to sub. (3), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor under s. 54.870 in the absence of a will or under a will or trust that does…

54.866 Transfer by obligor. (1) Subject to subs. (2) and (3), a person not subject to s. 54.862 or 54.864 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor under s. 54.8…

54.868 Receipt for custodial property. A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian under ss. 54.854 to 54.898. History: 1987 a. 191; 2005 a. 387 s. 534; Stats. 2005 s. 54.86…

54.870 Manner of creating custodial property and effecting transfer; designation of initial custodian; control. (1) Custodial property is created and a transfer is made whenever: (a) An uncertificated security or a certificated security in registered form is either: 1. Registered…

54.872 Single custodianship. A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under ss. 54.854 to 54.898 by the same custodian for the benefit of the same minor constitutes a single custodianship. History: 1987 a. 19…

54.874 Validity and effect of transfer. (1) The validity of a transfer made in a manner prescribed in ss. 54.854 to 54.898 is not affected by: (a) Failure of the transferor to comply with s. 54.870 (3) concerning possession and control; (b) Designation of an ineligible custodian,…

54.876 Care of custodial property. (1) A custodian shall: (a) Take control of custodial property; (b) Register or record title to custodial property if appropriate; and (c) Collect, hold, manage, invest and reinvest custodial property. (2) In dealing with custodial property, a cu…

54.878 Powers of custodian. (1) A custodian, acting in a custodial capacity, has all the rights, powers and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers and authority in that capacity…