reglab/housing_qa huggingface dataset:
WI Stat § 54.978 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 54 - Guardianships and conservatorships.|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 times:1. Once each year.2. Upon request at reasonable times by the beneficiary or the beneficiary's legal representative.3. Upon resignation or removal of the custodial trustee.4. Upon termination of the custodial trust.(b) The statements under par. (a) must be provided to the beneficiary or to the beneficiary's legal representative, if any.(c) Upon termination of the beneficiary's interest, the custodial trustee shall furnish a current statement to the person to whom the custodial trust property is to be delivered. (2) A beneficiary, the beneficiary's legal representative, an adult member of the beneficiary's family, a person interested in the custodial trust property or a person interested in the welfare of the beneficiary may petition the court for an accounting by the custodial trustee or the custodial trustee's legal representative. (3) A successor custodial trustee may petition the court for an accounting by a predecessor custodial trustee. (4) In an action or proceeding under this subchapter or in any other proceeding, the court may require or permit the custodial trustee or the custodial trustee's legal representative to account. The custodial trustee or the custodial trustee's legal representative may petition the court for approval of final accounts. (5) If a custodial trustee is removed, the court shall require an accounting and order delivery of the custodial trust property and records to the successor custodial trustee and the execution of all instruments required for transfer of the custodial trust property. (6) On petition of the custodial trustee or any person who could petition for an accounting, the court, after notice to interested persons, may issue instructions to the custodial trustee or review the propriety of the acts of a custodial trustee or the reasonableness of compensation determined by the custodial trustee for the services of the custodial trustee or others.History:  1991 a. 246; 2005 a. 387 s. 568; Stats. 2005 s. 54.978.
WI Stat § 54.980 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 54 - Guardianships and conservatorships.|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 or the legal representative of an incapacitated or deceased beneficiary or payee who meets one of the following conditions:(a) Has received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within 2 years after receipt of the final account or statement.(b) Who has not received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within 3 years after the termination of the custodial trust. (2) Except as provided in sub. (3), a claim for relief to recover from a custodial trustee for fraud, misrepresentation, concealment related to the final settlement of the custodial trust or concealment of the existence of the custodial trust is barred unless an action or proceeding to assert the claim is commenced within 5 years after the termination of the custodial trust. (3) A claim for relief by the following claimants is not barred by this section except as follows:(a) For a minor, until the earlier of 2 years after the claimant becomes an adult or dies.(b) For an incapacitated adult, until the earliest of 2 years after the appointment of a conservator, the removal of the incapacity or the death of the claimant.(c) For an adult, now deceased, who was not incapacitated, until 2 years after the claimant's death.History:  1991 a. 246; 2005 a. 387 s. 569; Stats. 2005 s. 54.980.
WI Stat § 54.982 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 54 - Guardianships and conservatorships.|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 designated by the court for an incapacitated beneficiary. (2) Upon termination of a custodial trust by the beneficiary's death, the custodial trustee shall distribute the unexpended custodial trust property in the following order:(a) As last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary.(b) To the survivor of multiple beneficiaries if survivorship is provided for pursuant to s. 54.960.(c) As designated in the instrument creating the custodial trust.(d) To the estate of the deceased beneficiary. (3) If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated. (4) Death of a beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust.History:  1991 a. 246; 2005 a. 387 s. 570; Stats. 2005 s. 54.982.
WI Stat § 54.986 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 54 - Guardianships and conservatorships.|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 property is located in this state. The custodial trust remains subject to this subchapter despite a later change in residence or principal place of business of the transferor, beneficiary or custodial trustee, or removal of the custodial trust property from this state. (2) A transfer made pursuant to a law of another state substantially similar to this subchapter is governed by the law of that state and may be enforced in this state.History:  1991 a. 246; 2005 a. 387 s. 572; Stats. 2005 s. 54.986.
WI Stat § 54.988 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 54 - Guardianships and conservatorships.|54.988 - Uniformity of application and construction.

54.988  Uniformity of application and construction. Sections 54.950 to 54.988 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subchapter among states enacting it. History:  1991 a. 246; 2005 a. 387 s. 573; Stats. 2005 s. 54.988.
WI Stat § 55.001 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 55 - Protective service system.|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 maximum degree of feasibility under programs, services and resources that the county board of supervisors or the Milwaukee County mental health board, as applicable, is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, allow the individual the same rights as other citizens, and at the same time protect the individual from financial exploitation, abuse, neglect, and self-neglect. This chapter is designed to establish those protective services and protective placements, to assure their availability to all individuals when in need of them, and to place the least possible restriction on personal liberty and exercise of constitutional rights consistent with due process and protection from abuse, financial exploitation, neglect, and self-neglect. History:  1973 c. 284; 1979 c. 221; 1995 a. 92; 2003 a. 33; 2005 a. 264, 388; 2009 a. 180; 2013 a. 203.Neither a district attorney nor a corporation counsel has a duty to petition for protective placement, determination of incompetency, or otherwise intervene when an apparently competent elderly person with a life threatening illness chooses to remain at home under a doctor's and family care rather than seeking a higher level of care that might extend her life. 74 Atty. Gen. 188.Landmark Reforms Signed Into Law: Guardianship and Adult Protective Services. Abramson & Raymond. Wis. Law. Aug. 2006.
WI Stat § 55.02 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 55 - Protective service system.|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 protective placement whenever possible.2. Monitor and supervise the implementation and operation of the protective services and protective placement system.3. Provide technical assistance to county departments providing protective services and protective placement.4. Evaluate the protective services and protective placement system.(b) The department may provide protective services and protective placement directly or contract for the provision of protective services or protective placement. (2)  County department duties. (a) The chairperson of each county board of supervisors shall designate a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 that is providing services in the county on its own or through a joint mechanism with another county department or county to have the responsibility for planning for the provision of protective services and protective placement and for directly providing protective services, protective placement, or both, or entering into a contract under s. 46.036 with a responsible agency for the provision of protective services, protective placement, or both.(b) In addition to the responsibilities specified in par. (a), the county department shall:1. Monitor and evaluate protective services and protective placements.2. Prepare and submit reports required by the department, or by a court if protective services or protective placement are ordered by a court.3. Develop requirements for submittal by guardians of the person of reports to the county department under s. 54.25 (1) (a).4. Designate at least one appropriate medical facility or protective placement facility as an intake facility for the purpose of emergency protective placements under s. 55.135. (3)  Corporation counsel. The corporation counsel of the county in which the petition is brought may or, if requested by the court, shall assist in conducting proceedings under this chapter. History:  1973 c. 284; 1975 c. 393; 1979 c. 221; 1981 c. 379; 1985 a. 29 s. 3200 (56); 1985 a. 176; 1985 a. 332 s. 251 (3); 1993 a. 445; 2001 a. 103; 2005 a. 264 ss. 80, 116; 2005 a. 387, 388; 2007 a. 45.
WI Stat § 55.03 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 55 - Protective service system.|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 in this chapter may be construed to prohibit the transfer of guardianship and legal custody under s. 48.427 or s. 48.43. (3)  Guardian authority and responsibility applicable to parent of minor. Where any responsibility or authority is created under this chapter upon or in relation to a guardian, the responsibility or authority is deemed to apply to a parent or person in the place of a parent in the case of a minor who is or who is alleged to have a developmental disability. (4)  Guardian authority for making protective placement. No guardian or temporary guardian may make a permanent protective placement of his or her ward unless ordered by a court under s. 55.12, but a guardian or temporary guardian may admit a ward to certain residential facilities under s. 55.055 or make an emergency protective placement under s. 55.135.History:  1973 c. 284; 1979 c. 330; 2005 a. 264 ss. 81, 83, 117; 2005 a. 387; 2007 a. 45; 2019 a. 109; s. 35.17 correction in (1).
WI Stat § 55.045 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 55 - Protective service system.|55.045 - Funding.

55.045  Funding. Except as provided in s. 49.45 (30m) (a), the appropriate county department shall within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, provide for the reasonable program needs of individuals who are provided protective placement or who receive protective services under this chapter, including reasonable expenses for the evaluations required by s. 55.11. Payment and collections for protective placement or protective services provided in public facilities specified in s. 46.10 shall be governed in accordance with s. 46.10. The department may require that an individual who is provided protective placement or receives protective services under this chapter provide reimbursement for services or care and custody received, based on the ability of the individual to pay for such costs.History:  1995 a. 92; 1999 a. 32; 2003 a. 33; 2005 a. 264.
WI Stat § 55.05 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 55 - Protective service system.|55.05 - Voluntary protective services.

55.05  Voluntary protective services. (1) Preference. The department in administering the protective services program shall contract with county departments and other agencies. If the county department contracts for protective services, the department and the county departments shall give preference to an agency with consumer and other citizen representation. The department shall provide services only if no other suitable agency is available. Courts shall adhere to the same preferences in ordering protective services. (2)  Conditions required. The department or a county department or agency with which the county department contracts under s. 55.02 (2) that provides protective services may provide the services under any of the following conditions:(a) An individual who needs or believes he or she needs protective services requests the services.(b) An interested person requests protective services on behalf of an individual in need of services. A guardian may request and consent to protective services on behalf of the guardian's ward. An agent under an activated power of attorney for health care may request and consent to protective services on behalf of the agent's principal. (3)  Voluntary protective services preferred. An individual shall receive protective services voluntarily unless ordered by the court under s. 55.12, requested by the individual's guardian or agent under an activated power of attorney for health care, or provided on an emergency basis in accordance with s. 55.13.History:  1973 c. 284; 1975 c. 393; 1981 c. 379; 1985 a. 29 s. 3200 (56); 1985 a. 135 s. 83 (3); 1985 a. 176; 1987 a. 161 ss. 7, 13m; 1987 a. 366; 1989 a. 200; 1991 a. 316; 1993 a. 187, 316, 445; 2005 a. 264, 387.
WI Stat § 55.08 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 55 - Protective service system.|55.08 - Protective services or protective placement: standards.

55.08  Protective services or protective placement: standards. (1) Protective placement. A court may under s. 55.12 order protective placement for an individual who meets all of the following standards:(a) The individual has a primary need for residential care and custody.(b) The individual is a minor who is not alleged to have a developmental disability and on whose behalf a petition for guardianship has been submitted, or is an adult who has been determined to be incompetent by a circuit court.(c) As a result of developmental disability, degenerative brain disorder, serious and persistent mental illness, or other like incapacities, the individual is so totally incapable of providing for his or her own care or custody as to create a substantial risk of serious harm to himself or herself or others. Serious harm may be evidenced by overt acts or acts of omission.(d) The individual has a disability that is permanent or likely to be permanent. (2)  Protective services. A court may under s. 55.12 order protective services for an individual who meets all of the following standards:(a) The individual has been determined to be incompetent by a circuit court or is a minor who is alleged to have a developmental disability and on whose behalf a petition for a guardianship has been submitted.(b) As a result of developmental disability, degenerative brain disorder, serious and persistent mental illness, or other like incapacities, the individual will incur a substantial risk of physical harm or deterioration or will present a substantial risk of physical harm to others if protective services are not provided.History:  2005 a. 264 ss. 119 to 122, 158; 2005 a. 387 s. 111; 2005 a. 388 s. 164; 2007 a. 45.Under s. 55.17, the court may order a termination of a protective placement only if the standards in sub. (1) are no longer met; if they are met, the court must order a continuation, though it may change the placement if the person is not in the least restrictive setting. Nowhere does s. 55.17 provide that the court may terminate an order for protective placement if under s. 55.055 (1) the person could remain in the facility without a protective order. Jackson Co. Department of Health and Human Services v. Susan H., 2010 WI App 82, 326 Wis. 2d 246, 785 N.W.2d 677, 09-1997.“Care" in sub. (1) (c) means that the person's incapacity to provide for his or her daily needs creates a substantial risk of serious harm to the person or others. The only reasonable construction of the “custody" alternative in sub. (1) (c) is that the person cannot provide for himself or herself the protection from abuse, financial exploitation, neglect, and self-neglect that the control and supervision by others can provide. Jackson Co. Department of Health and Human Services v. Susan H., 2010 WI App 82, 326 Wis. 2d 246, 785 N.W.2d 677, 09-1997.
WI Stat § 55.09 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 55 - Protective service system.|55.09 - Notice of petition and hearing for protective services or placement.

55.09  Notice of petition and hearing for protective services or placement. (1) Notice to individual. Notice of a petition for protective placement or protective services shall be served upon the individual sought to be protected, by personal service, at least 10 days before the time set for a hearing. The person serving the notice shall inform the individual sought to be protected of the complete contents of the notice and shall return a certificate to the circuit judge verifying that the petition has been delivered and notice given. The notice shall include the names of all petitioners. (2)  Other notice required. In addition to the notice required under sub. (1), notice shall be served, personally or by mail, at least 10 days before the time set for a hearing, upon all of the following:(a) The guardian ad litem, legal counsel, and guardian, if any, of the individual sought to be protected.(b) The agent under an activated power of attorney for health care, if any, of the individual sought to be protected.(c) The presumptive adult heirs, if any, of the individual sought to be protected.(d) Other persons who have physical custody of the individual sought to be protected whose names and addresses are known to the petitioner or can with reasonable diligence be ascertained.(e) The county department.(f) Any governmental or private body or group from whom the individual sought to be protected is known to be receiving aid.(g) Any other persons or entities that the court may require.(h) The department, if the individual sought to be protected may be placed in a center for the developmentally disabled.(i) The county department that is participating in the program under s. 46.278 of the county of residence of the individual sought to be protected, if the individual has a developmental disability and may be placed in an intermediate facility or a nursing facility, except that, for an individual sought to be protected to whom s. 46.279 (4m) applies, this notice shall instead be served on the department. (3)  Notice of petition for involuntary administration of psychotropic medication. Notice of a petition under s. 55.14 shall be served personally or by mail upon the corporation counsel and county department.History:  2005 a. 264 ss. 127, 159; 2005 a. 387 s. 115; 2007 a. 45.
WI Stat § 55.105 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 55 - Protective service system.|55.105 - Appointment of counsel.

55.105  Appointment of counsel. (1) In any situation under this chapter in which an adult individual has a right to be represented by legal counsel, the individual shall be referred as soon as practicable to the state public defender, who shall appoint counsel for the individual under s. 977.08 without a determination of indigency. (2) In any situation under this chapter in which a minor has a right to be represented by legal counsel, legal counsel for the minor shall be appointed as provided in s. 48.23 (4). (3) Notwithstanding subs. (1) and (2), an individual subject to proceedings under this chapter is entitled to retain counsel of his or her own choosing at his or her own expense.History:  2007 a. 20.