54.62(4)(a)(a) For a married ward, the court may waive filing of an annual account under sub. (1) or permit the filing of a modified annual account, which shall be signed by the ward’s guardian and spouse and shall consist of all of the following:
54.62(4)(a)1.1. Total assets of the ward, as determined under ch. 766, on January 1 of the year in question.
54.62(4)(a)2.2. Income in the name of the ward, without regard to ch. 766, and the ward’s joint income.
54.62(4)(a)3.3. Expenses incurred on behalf of the ward, including the ward’s proportionate share of household expenses if the ward and the ward’s spouse reside in the same household, without regard to ch. 766.
54.62(4)(a)4.4. Total marital property of the ward, as determined under ch. 766, on December 31 of the year in question.
54.62(4)(b)(b) The court shall provide notice of the waiver under par. (a) to any adult child of the ward.
54.62(5)(5)Examination of accounts. The account shall be examined as the court directs. If the account is not satisfactory, the court shall order action as justice requires and shall direct that notice be provided to the guardian personally or by certified mail. If notice is provided to the guardian under this subsection, the court may appoint a guardian ad litem for the ward.
54.62(6)(6)Accounting by 3rd parties to guardian. If a guardian appointed by a court so requests, the court may order any person entrusted by the guardian with part of the estate of a ward to appear before the court and to render a full account, on oath, of the income or assets and of his or her action regarding the income or assets. If the person refuses to appear and render an account, the court may proceed against him or her as for contempt.
54.62(7)(7)Notice of final action on an account. No action by the court on an account is final unless the guardian first provides notice to all of the following, as applicable:
54.62(7)(a)(a) The ward.
54.62(7)(b)(b) Any guardian ad litem appointed by the court.
54.62(7)(c)(c) Any personal representative or special administrator appointed by the court.
54.62(8)(8)Accounts; failure of a guardian to file. If a guardian fails to file the guardian’s account as required by law or ordered by the court, the court may, upon its own motion or upon the petition of any interested party, order the guardian to show cause why the guardian should not immediately make and file the guardian’s reports or accounts. The court shall direct that a copy of the order be served on the guardian at least 20 days before the date that the court has ordered the guardian to appear in court. If a guardian fails, neglects or refuses to make and file any report or account after having been cited by the court to do so, or if the guardian fails to appear in court as directed by a citation issued by the court, the court may, on its own motion or on the petition of any interested party, issue a warrant directed to the sheriff ordering that the guardian be brought before the court to show cause why the guardian should not be punished for contempt. If the court finds that the failure, refusal, or neglect is willful or inexcusable, the guardian may be fined not to exceed $250 or imprisoned not to exceed 10 days or both.
54.62(9)(9)Accounting by guardians at any time. The court may at any time require an accounting by any guardian at a hearing, after providing notice to all interested persons, including sureties on the bond of a guardian.
54.62 HistoryHistory: 2005 a. 387 ss. 100, 426, 428, 429, 431, 432, 434, 435; 2007 a. 45.
54.62554.625Transfer 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 s. 54.850 (3), of the member may direct the guardian to transfer the assets in the guardian’s possession of the minor or individual found incompetent to the trustees of the trust created by the secretary of interior or his or her delegate that receives property of the minors or individuals found incompetent that is transferred from the United States or any agency thereof as provided by P.L. 83-399, as amended, and the assets shall thereafter be held, administered, and distributed in accordance with the terms and conditions of the trust.
54.625 HistoryHistory: 1971 c. 41 s. 8; Stats. 1971 s. 880.195; 1977 c. 449; 1995 a. 27; 2005 a. 387 s. 408; Stats. 2005 s. 54.625.
54.6354.63Expansion of order of guardianship; procedure.
54.63(1)(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 those specified in the order of appointment of the guardian, based on an expansion of the ward’s incapacity, the court shall do all of the following:
54.63(1)(a)(a) Appoint a guardian ad litem for the ward.
54.63(1)(b)(b) Order that notice, including notice concerning potential court action if circumstances are extraordinary, be given to all of the following:
54.63(1)(b)1.1. The county department of social services or human services if the ward is protectively placed or receives long-term support services as a public benefit.
54.63(1)(b)2.2. The ward.
54.63(1)(b)3.3. The guardian.
54.63(1)(b)4.4. The agent under the ward’s power of attorney for health care under ch. 155, if any, and the agent under the ward’s durable power of attorney under ch. 244, if any.
54.63(1)(b)5.5. Any other persons determined by the court.
54.63(2)(2)
54.63(2)(a)(a) If, after 10 days after notice is provided under sub. (1) (b), or earlier if the court determines that the circumstances are extraordinary, no person submits to the court an objection to the request under sub. (1), the court may amend the order entered under s. 54.46 (2) and enter a determination and the amended order that specifies any change in the powers of the guardian.
54.63(2)(b)(b) If, within 10 days after notice is provided under sub. (1) (b), a person submits to the court an objection to the request under sub. (1), the court shall hold a hearing, unless the objector declines a hearing, under the procedure specified in s. 54.64 (2).