Senate Bill 546
Distribution of a trust under a guardianship
Topics: Guardian and ward, Trust fund
Stopped in committee
It never got a , so it never came up for a vote. To try again, a lawmaker would have to start a new bill.
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Introduced, passed
Mar 5, 2012
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Committee, stopped here
Stopped here. No public hearing was held.
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Senate vote, not reached
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Assembly vote, not reached
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Governor, not reached
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Law, not reached
Latest entry in the official record, Apr 24, 2012: “Fiscal estimate received”
It never got a hearing in the Senate Committee on Judiciary, Utilities, Commerce, and Government Operations. See every bill that never got a hearing this session.
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Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Under current law, a court may appoint a guardian of the estate or a guardian of the person for an individual, who is known as a ward if a guardian has been appointed. For an adult individual who is found by the court to be a spendthrift, the court may appoint a guardian of the estate. For an individual who is found by the court to be incompetent, the court may appoint a guardian of the person, a guardian of the estate, or both. A court may appoint a guardian of the person, a guardian of the estate, or both, for a minor. Current law requires a guardian of the estate to perform certain duties generally related to the ward's finances and property, including taking possession of the ward's real and personal property and using the ward's income and property to maintain and support the ward and any dependents of the ward. The court may allow a guardian of the estate to exercise certain powers.
A guardian of the estate exercising one of those powers must use the judgment and care that persons of prudence, discretion, and intelligence exercise in the management of their own affairs. Also, a guardian of the estate, when exercising a court-approved power, must consider the functional limitations of the ward, such as the ward's understanding of the harm he or she is likely to suffer as the result of the inability to manage property and financial affairs, the ward's personal preferences and desires with regard to managing his or her activities of daily living, and the least restrictive form of intervention for the ward. Some of the powers under current law that a court may grant approval for a guardian of the estate to exercise include making gifts under certain terms, purchasing an annuity or insurance contract, continuing the business of the ward under the court's terms, and releasing or disclaiming any interest of the ward that is received by will, intestate succession, or other transfer. In addition, under current law, a guardian of the estate, with the court's approval, may transfer assets of the ward to: 1) the trustee of any existing revocable living trust that the ward has created for himself or herself and any dependents; 2) if the ward is a minor, the trustee of any trust created for the exclusive benefit of the ward that distributes to the ward at age 18 or 21, or 3) if the ward is a minor, his or her estate, as the ward has appointed by a written instrument.
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Under this bill, if a guardian of the estate exercises the power to transfer assets of a minor ward to a trust created for the exclusive benefit of the ward and the assets derive from an intestate estate, the court determines the age at which the trust distributes to the ward. The court must set the distribution at no earlier than the date the ward attains age 18 and no later than the date the ward attains age 25. The bill also requires the trustee of the trust, at the request of a beneficiary of the trust who has attained age 18, to make payments from the corpus of the trust for the health, welfare, maintenance, or education of the beneficiary. The bill specifies that, for purposes of determining eligibility for medical assistance for an adult who is the beneficiary of such a trust, the corpus of the trust is considered a resource available to the individual and payments made by the trustee from the corpus of the trust are considered income of the individual.
Who's behind it
Neal Kedzie, a Republican, is its .
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Author (1)
- Neal Kedzie · Republican, Senate
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
What happened
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Apr 24, 2012
A state agency sent in its estimate of the cost.
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Mar 23, 2012
The session ended, and the bill died with it.
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Mar 5, 2012
Sent to the Senate Committee on Judiciary, Utilities, Commerce, and Government Operations.
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Mar 5, 2012
Introduced in the Senate.
See the official record, word for word Hide the official record
- Mar 5, 2012 · Senate
Introduced by Senator Kedzie
- Mar 5, 2012 · Senate
Read first time and referred to committee on Judiciary, Utilities, Commerce, and Government Operations
- Mar 23, 2012 · Senate
Failed to pass pursuant to Senate Joint Resolution 1
- Apr 24, 2012 · Senate
Fiscal estimate received
Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate