55.001 – Declaration of policy.
55.001 Declaration of policy. The legislature recognizes that many citizens of the state, because of serious and persistent mental illness, degenerative brain disorder, developmental disabilities, or other like incapacities, are in need of protective services or protective placement. Except as provided in s. 49.45 (30m) (a), the protective services or protective placement should, to the […]
55.01 – Definitions.
55.01 Definitions. In this chapter: (1) “Abuse” has the meaning given in s. 46.90 (1) (a). (1d) “Activated power of attorney for health care” means a power of attorney for health care that has taken effect in the manner specified in s. 155.05 (2). (1e) “Adult at risk” means any adult who has a physical […]
55.02 – Protective services and protective placement: duties.
55.02 Protective services and protective placement: duties. (1) Department duties. (a) The department shall do all of the following: 1. Cooperate with county departments to develop and operate a coordinated, statewide system for protective services and protective placement. The protective services and protective placement system shall be designed to encourage independent living and to avoid […]
55.03 – Status of guardian.
55.03 Status of guardian. (1) Agency as both guardian and provider prohibited. No agency acting as a guardian appointed under s. 48.9795, ch. 54, 2017 stats., or ch. 880, 2003 stats., may be a provider of protective services or protective placement for its ward under this chapter. (2) Transfer of guardianship and legal custody. Nothing […]
54.978 – Reporting and accounting by custodial trustee; determination of liability of custodial trustee.
54.978 Reporting and accounting by custodial trustee; determination of liability of custodial trustee. (1) (a) Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property at all of the following […]
54.980 – Limitations of action against custodial trustee.
54.980 Limitations of action against custodial trustee. (1) Except as provided in sub. (3), unless previously barred by adjudication, consent or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered […]
54.982 – Distribution on termination.
54.982 Distribution on termination. (1) Upon termination of a custodial trust by the beneficiary or the beneficiary’s conservator or guardian of the estate, the custodial trustee shall transfer the unexpended custodial trust property as follows: (a) To the beneficiary, if not incapacitated or deceased. (b) To the conservator, guardian of the estate or other recipient […]
54.984 – Methods and forms for creating custodial trusts.
54.984 Methods and forms for creating custodial trusts. (1) If a transaction, including a declaration with respect to or a transfer of specific property, otherwise satisfies applicable law, the criteria of s. 54.952 are satisfied by any of the following: (a) The execution and either delivery to the custodial trustee or recording of an instrument […]
54.986 – Applicable law.
54.986 Applicable law. (1) Sections 54.950 to 54.988 apply to a transfer or declaration creating a custodial trust that refers to this subchapter if, at the time of the transfer or declaration, the transferor, beneficiary or custodial trustee is a resident of or has its principal place of business in this state or custodial trust […]
54.972 – Liability to 3rd person.
54.972 Liability to 3rd person. (1) A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property or a tort committed in the course of administering the custodial trust may be asserted by a 3rd person against […]