54.21 Petition to transfer ward’s assets to another.

486 words·~2 min read·/wi/chapter-54/54-21-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)In this section:

(a)“Disabled” has the meaning given in s. 49.468

(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 meets the requirements of s. 50.94

(e)1. and 2.

3. The guardian ad litem of the ward’s minor child, if any.

4. The ward’s disabled child, if any.

5. Any of the ward’s siblings who has an ownership interest in property that is co-owned with the ward.

6. Any of the ward’s children who provides care for the ward as specified in 42 USC 1396p

(A)iv.

(c)“Will, trust, or other instrument” includes a revocable or irrevocable trust, a durable power of attorney, or a marital property agreement.

(2)A guardian or other individual who seeks an order authorizing and directing the guardian of the estate to transfer any of a ward’s income or assets to or for the benefit of any person shall submit to the court a petition that specifies all of the following:

(a)Whether a proceeding by anyone seeking this authority with respect to the ward’s income and assets was previously commenced and, if so, a description of the nature of the proceeding and the disposition made of it.

(b)The amount and nature of the ward’s financial obligations, including moneys currently and prospectively required to provide for the ward’s maintenance, support, and well-being and to provide for others dependent upon the ward for support, regardless of whether the ward is legally obligated to provide the support. If the petitioner has access to a copy of a court order or written agreement that specifies support obligations of the ward, the petitioner shall attach the copy to the petition.

(c)The income and assets of the ward that is the subject of the petition, the proposed disposition of the property, and the reasons for the disposition.

(d)The wishes, if ascertainable, of the ward.

(e)As specified in sub.

(3), whether the ward has previously executed a will or similar instrument.

(f)A description of any significant gifts or patterns of gifts that the ward has made.

(g)The current and likely future effect of the proposed transfer of assets on the ward’s eligibility for public benefits, including medical assistance.

(h)Whether the guardian of the person and the guardian of the estate, if not the petitioner, agree with or object to the transfer.

(i)The names, post-office addresses, and relationships to the ward of all of the following:

1. Any presumptive adult heirs of the ward who can be ascertained with reasonable diligence.

2. If the ward has previously executed a will, trust, or other instrument, the named or described beneficiaries, if known, under the most recent will, trust, or other instrument executed by the ward.