reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.82 - Delivery of certain nonresidents.

51.82
Delivery of certain nonresidents.
A person alleged to be of unsound mind found in this state, who has fled from another state, in which at the time of the flight: (a) The person was under detention by law in a hospital, asylum or other institution for the insane as a person of unsound mind; or (b) the person had been theretofore determined by legal proceedings to be of unsound mind, the finding being unreversed and in full force and effect, and the control of his or her person having been acquired by a court of competent jurisdiction of the state from which the person fled; or (c) the person was subject to detention in that state, being then the person's legal domicile (personal service of process having been made) based on legal proceedings pending there to have the person declared of unsound mind, shall on demand of the executive authority of the state from which the person fled, be delivered for removal thereto.
History:  1975 c. 430; 1991 a. 316.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.83 - Authentication of demand; discharge; costs.

51.83
Authentication of demand; discharge; costs.
(1)
Whenever the executive authority of any state demands of the executive authority of this state, any fugitive within the purview of s. 51.82 and produces a copy of the commitment, decree or other judicial process and proceedings, certified as authentic by the governor or chief magistrate of the state whence the person so charged has fled with an affidavit made before a proper officer showing the person to be such a fugitive, it is the duty of the executive authority of this state to cause the fugitive to be apprehended and secured, if found in this state, and to cause immediate notice of the apprehension to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to the agent when the agent appears.
(2)
If no such agent appears within 30 days from the time of the apprehension, the fugitive may be discharged. All costs and expenses incurred in the apprehending, securing, maintaining and transmitting such fugitive to the state making such demand, shall be paid by such state. Any agent so appointed who receives custody of the fugitive shall be empowered to transmit the fugitive to the state from which the fugitive has fled. The executive authority of this state is hereby vested with the power, on the application of any person interested, to demand the return to this state of any fugitive within the purview of ss. 51.81 to 51.85.
History:  1971 c. 40 s. 93; 1991 a. 316.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.84 - Limitation of time to commence proceeding.

51.84
Limitation of time to commence proceeding.
Any proceedings under ss. 51.81 to 51.85 shall be begun within one year after the flight referred to in ss. 51.81 to 51.85.
History:  1971 c. 40 s. 93; 1981 c. 314 s. 146.
The limitation period commences on the date the committing state discovers the patient in the asylum state. State ex rel. Melentowich v. Klink, 108 Wis. 2d 374, 321 N.W.2d 272 (1982).
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.85 - Interpretation.

51.85
Interpretation.
Sections 51.81 to 51.85 shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
History:  1971 c. 40 s. 93.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.90 - Antidiscrimination.

51.90
Antidiscrimination.
No employee, prospective employee, patient or resident of an approved treatment facility, or consumer of services provided under this chapter may be discriminated against because of age, race, creed, color, sex or handicap.
History:  1975 c. 430.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.95 - Short title.

51.95
Short title.
This chapter shall be known as the “State Alcohol, Drug Abuse, Developmental Disabilities and Mental Health Act".
History:  1975 c. 430 s. 59; Stats. 1975 s. 51.95; 1985 a. 264.
2023 Wisconsin Statutes & Annotations › Chapter 52 - Supported decision-making agreements. › 52.01 - Definitions.

52.01
Definitions.
In this chapter:
(1)
“Abuse” has the meaning given in s. 46.90 (1) (a).
(1m)
“Financial exploitation” has the meaning given in s. 46.90 (1) (ed).
(2)
“Functional impairment” means any of the following:
(a)
A physical, developmental, or mental condition that substantially limits one or more of an individual's major life activities, including any of the following:
1.
Capacity for independent living.
2.
Self direction.
3.
Self care.
4.
Mobility.
5.
Communication.
6.
Learning.
(b)
Impairment, as defined under s. 54.01 (14).
(c)
Other like incapacities, as defined under s. 54.01 (22).
(4)
“Health care provider” has the meaning given in s. 155.01 (7).
(5)
“Neglect” has the meaning given in s. 46.90 (1) (f).
(6)
“Supported decision-making” means a process of supporting and accommodating an adult with a functional impairment to enable the adult to make life decisions, including decisions related to where the adult wants to live, the services, supports, and medical care the adult wants to receive, whom the adult wants to live with, and where the adult wants to work, without impeding the self-determination of the adult.
(7)
“Supported decision-making agreement" is an agreement between an adult with a functional impairment and a supporter entered into under this chapter.
(8)
“Supporter" means an adult who is willing to enter into an agreement with an adult with a functional impairment to provide supported decision-making.
History:  2017 a. 345; 2021 a. 238 ss. 44, 45.
2023 Wisconsin Statutes & Annotations › Chapter 52 - Supported decision-making agreements. › 52.03 - Agreement not evidence of incapacity or incompetency.

52.03
Agreement not evidence of incapacity or incompetency.
Execution of a supported decision-making agreement may not be used as evidence of incapacity or incompetency and does not preclude an adult with a functional impairment who has entered into such an agreement from acting independently of the agreement.
History:  2017 a. 345; 2021 a. 238 s. 44.
2023 Wisconsin Statutes & Annotations › Chapter 52 - Supported decision-making agreements. › 52.10 - Scope.

52.10
Scope.
(1)
If an adult with a functional impairment decides voluntarily, without coercion, to enter into a supported decision-making agreement with a supporter, that adult may, in the agreement, authorize the supporter to do any of the following:
(a)
Provide supported decision-making to the adult with a functional impairment, including assistance in understanding the options, responsibilities, and consequences of that person's life decisions, without making those decisions on behalf of that person.
(b)
Assist the adult with a functional impairment in accessing, collecting, and obtaining information that is relevant to a given life decision, including medical, psychological, financial, educational, or treatment records, from any person.
(c)
Assist the adult with a functional impairment in understanding the information described in par. (b).
(d)
Assist the adult with a functional impairment in communicating the adult's decisions to appropriate persons.
(2)
A supporter is not a surrogate decision maker for the adult with a functional impairment and does not have the authority to sign legal documents on behalf of the adult with a functional impairment or bind the adult with a functional impairment to a legal agreement.
History:  2017 a. 345; 2021 a. 238 s. 44.
2023 Wisconsin Statutes & Annotations › Chapter 52 - Supported decision-making agreements. › 52.14 - Term of agreement; revocation.

52.14
Term of agreement; revocation.
(1)
Except as otherwise provided in this section, a supported decision-making agreement extends until terminated by either party or by the terms of the agreement.
(2)
A supported decision-making agreement is terminated if any of the following is true:
(a)
County adult protective services substantiated an allegation of neglect or abuse by the supporter.
(b)
The supporter is found criminally liable for conduct described under par. (a).
(c)
There is a restraining order against the supporter as described under s. 813.123.
(3)
An adult with a functional impairment may revoke his or her supported decision-making agreement and invalidate the supported decision-making agreement at any time by doing any of the following:
(a)
Canceling, defacing, obliterating, burning, tearing, or otherwise destroying the supported decision-making agreement or directing another in the presence of the adult with a functional impairment to so destroy the supported decision-making agreement.
(b)
Executing a statement, in writing, that is signed and dated by the adult with a functional impairment, expressing his or her intent to revoke the supported decision-making agreement.
(c)
Verbally expressing the intent of the adult with a functional impairment to revoke the supported decision-making agreement, in the presence of 2 witnesses.
(4)
Unless the supported decision-making agreement provides a different method for the supporter's resignation, a supporter may resign by giving notice to the adult with a functional impairment.
History:  2017 a. 345; 2021 a. 238 ss. 44, 45.
2023 Wisconsin Statutes & Annotations › Chapter 52 - Supported decision-making agreements. › 52.16 - Access to personal information.

52.16
Access to personal information.
(1)
A supporter is only authorized to assist the adult with a functional impairment in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement.
(2)
A supporter may assist with accessing or obtaining any information that will help the adult with a functional impairment make health care decisions, including medical, psychological, financial, education, or treatment records or research under ss. 51.30 and 146.83 and the federal Health Insurance Portability and Accountability Act of 1996, 45 CFR 164.502. A supporter may only access or obtain patient health care records, as defined under s. 146.81 (4), if the adult with a functional impairment has signed a release allowing the supporter to see protected health information, as defined under s. 146.816 (1) (f).
(3)
A supporter may assist with accessing or obtaining any information on education records under the federal Family Educational Rights and Privacy Act of 1974, 20 USC 1232g, if the adult with a functional impairment has signed a release allowing the supporter to access information under this subsection.
(4)
The supporter shall ensure the information under this section is kept privileged and confidential, as applicable, and is not subject to unauthorized access, use, or disclosure.
(5)
Notwithstanding the existence of a supported decision-making agreement, an adult with a functional impairment continues to have unrestricted access to personal information without the assistance of a supporter.
(6)
Notwithstanding the existence of a supported decision-making agreement, an adult with a functional impairment is able to request and receive assistance on any decision that is not covered under the supported decision-making agreement at any time.
History:  2017 a. 345; 2021 a. 238 s. 44.
2023 Wisconsin Statutes & Annotations › Chapter 52 - Supported decision-making agreements. › 52.18 - Authorization and witnesses.

52.18
Authorization and witnesses.
(1)
An adult with a functional impairment and his or her supporter entering into a supported decision-making agreement must sign and date the agreement in the presence of 2 or more subscribing witnesses or a notary public.
(2)
If the adult with a functional impairment and his or her supporter choose to sign and date the supported decision-making agreement before witnesses, the attesting witnesses must be at least 18 years of age.
History:  2017 a. 345; 2021 a. 238 s. 44.
2023 Wisconsin Statutes & Annotations › Chapter 52 - Supported decision-making agreements. › 52.32 - Reporting of suspected abuse, neglect, or financial exploitation.

52.32
Reporting of suspected abuse, neglect, or financial exploitation.
(1)
If a person who receives a copy of a supported decision-making agreement or is aware of the existence of a supported decision-making agreement has cause to believe that the adult with a functional impairment is being abused, neglected, or financially exploited by the supporter, the person may report under s. 46.90 or 55.043 the alleged abuse, neglect, or financial exploitation.
(2)
Nothing in this section may be construed as eliminating or limiting a person's requirement to report under any other statute or regulation.
History:  2017 a. 345; 2021 a. 238 s. 44.
2023 Wisconsin Statutes & Annotations › Chapter 53 - Uniform adult guardianship jurisdiction. › 53.01 - Purpose; construction.

53.01
Purpose; construction.
This chapter applies to the process of determining jurisdiction over the person for the purpose of a guardianship proceeding or matter. The chapter is intended to supplement but not replace the procedure for petitioning for a guardianship under ch. 54 and for protective placement or services under ch. 55. The purpose of this chapter is to resolve potential conflicts regarding jurisdiction between states and to make uniform the laws with respect to this chapter among those states. To the extent there is a conflict in procedure between this chapter and the provisions of ch. 54 or 55, the procedures in ch. 54 or 55 supersede the conflicting provision of this chapter.
History:  2017 a. 187.
2023 Wisconsin Statutes & Annotations › Chapter 53 - Uniform adult guardianship jurisdiction. › 53.04 - Communication between courts.

53.04
Communication between courts.
(1)
A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in sub. (2), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(2)
Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
History:  2017 a. 187.
2023 Wisconsin Statutes & Annotations › Chapter 53 - Uniform adult guardianship jurisdiction. › 53.05 - Cooperation between courts.

53.05
Cooperation between courts.
(1)
In a guardianship of the person proceeding or proceeding for appointment of a guardian of the estate in this state, a court of this state may request the appropriate court of another state to do any of the following:
(a)
Hold an evidentiary hearing.
(b)
Order a person in that state to produce evidence or give testimony under procedures of that state.
(c)
Order that an evaluation or assessment be made of the respondent.
(d)
Order any appropriate investigation of a person involved in a proceeding.
(e)
Forward to the court of this state a certified copy of the transcript or other record of a hearing under par. (a) or any other proceeding, any evidence otherwise produced under par. (b), and any evaluation or assessment prepared in compliance with an order under par. (c) or (d).
(f)
Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the individual subject to a guardianship of the person or of the estate.
(g)
Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 CFR 160.103.
(2)
If a court of another state in which a guardianship of the person proceeding or proceeding to appoint a guardian of the estate is pending requests assistance of the kind provided in sub. (1), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
History:  2017 a. 187; 2021 a. 238.
2023 Wisconsin Statutes & Annotations › Chapter 53 - Uniform adult guardianship jurisdiction. › 53.06 - Taking testimony in another state.

53.06
Taking testimony in another state.
(1)
In a guardianship of the person proceeding or proceeding for the appointment of a guardian of the estate, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(2)
In a guardianship of the person proceeding or proceeding for the appointment of a guardian of the estate, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(3)
Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
History:  2017 a. 187.
2023 Wisconsin Statutes & Annotations › Chapter 53 - Uniform adult guardianship jurisdiction. › 53.21 - Significant-connection factors.

53.21
Significant-connection factors.
In determining under ss. 53.23 and 53.31 whether a respondent has a significant connection with a particular state, the court shall consider all of the following:
(1)
The location of and strength of connection to the respondent's family, other significant social connections, and service providers.
(2)
The location of other persons required to be notified of the guardianship of the person proceeding or proceeding to appoint a guardian of the estate and the location of substantial evidence relating to the respondent.
(3)
The length of time the respondent at any time was physically present in the state, past or current status as a resident, and the duration of any absence.
(4)
The location of the resident's property.
(5)
The extent to which the respondent has ties to the state, such as voting registration, state or local tax return filing, vehicle registration, driver's license, work, social relationship, and receipt of services.
History:  2017 a. 187.
2023 Wisconsin Statutes & Annotations › Chapter 53 - Uniform adult guardianship jurisdiction. › 53.23 - Jurisdiction.

53.23
Jurisdiction.
A court of this state has personal jurisdiction to appoint a guardian of the person or issue an order appointing a guardian of the estate for a respondent if any of the following is satisfied:
(1)
This state is the respondent's home state.
(2)
On the date the petition is filed, this state is a significant-connection state and any of the following is satisfied:
(a)
The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum.
(b)
The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and before the court makes the appointment or issues the order all of the following are satisfied:
1.
A petition for an appointment or order is not filed in the respondent's home state.
2.
An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding, or, if an objection has been made, the objector has not established that exercise of jurisdiction by the court would be contrary to the interests of the respondent.
3.
The court in this state concludes that it is an appropriate forum under the factors set forth in s. 53.26.
(3)
This state does not have jurisdiction under either sub. (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States.
(4)
The requirements for special jurisdiction under s. 53.24 are met.
History:  2017 a. 187.
2023 Wisconsin Statutes & Annotations › Chapter 53 - Uniform adult guardianship jurisdiction. › 53.24 - Special jurisdiction.

53.24
Special jurisdiction.
(1)
A court of this state lacking jurisdiction under s. 53.23 (1) to (3) has special jurisdiction to do any of the following:
(a)
Appoint a temporary guardian of the person or guardian of the estate under s. 54.50 in accordance with the standards and procedures and for the time periods specified in s. 54.50.
(b)
Issue an order with respect to real or tangible personal property located in this state.
(c)
Appoint a guardian of the person or guardian of the estate for an individual subject to a guardianship of the person or of the estate for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to s. 53.31.
(2)
If a petition for the appointment of a temporary guardian is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the appointment of a temporary guardian.
History:  2017 a. 187.
2023 Wisconsin Statutes & Annotations › Chapter 53 - Uniform adult guardianship jurisdiction. › 53.25 - Exclusive and continuing jurisdiction.

53.25
Exclusive and continuing jurisdiction.
Except as otherwise provided in s. 53.24, a court that has appointed a guardian of the person or issued an order appointing a guardian of the estate consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
History:  2017 a. 187.
2023 Wisconsin Statutes & Annotations › Chapter 53 - Uniform adult guardianship jurisdiction. › 53.26 - Appropriate forum.

53.26
Appropriate forum.
(1)
A court of this state having jurisdiction under s. 53.23 to appoint a guardian of the person or issue an order appointing a guardian of the estate may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(2)
If a court of this state declines to exercise its jurisdiction under sub. (1), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian of the person or issuance of an order appointing a guardian of the estate be filed promptly in another state.
(3)
In determining whether it is an appropriate forum, the court shall consider all relevant factors, including all of the following:
(a)
Any expressed preference of the respondent.
(b)
Whether abuse, neglect, self-neglect, or financial exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, self-neglect, or financial exploitation.
(c)
The length of time the respondent was physically present in or had established residence in this or another state.
(d)
The distance of the respondent from the court in each state.
(e)
The financial circumstances of the respondent's estate.
(f)
The nature and location of the evidence.
(g)
The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence.
(h)
The familiarity of the court of each state with the facts and issues in the proceeding.
(i)
If an appointment is made, the court's ability to monitor the conduct of the guardian of the person or guardian of the estate.
History:  2017 a. 187.
2023 Wisconsin Statutes & Annotations › Chapter 53 - Uniform adult guardianship jurisdiction. › 53.27 - Jurisdiction declined by reason of conduct.

53.27
Jurisdiction declined by reason of conduct.
(1)
If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian of the person or issue an order appointing a guardian of the estate because of unjustifiable conduct, the court may do any of the following:
(a)
Decline to exercise jurisdiction.
(b)
Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or to prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian of the person or issuance of an order appointing a guardian of the estate is filed in a court of another state having jurisdiction.
(c)
Continue to exercise jurisdiction after considering all of the following:
1.
The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction.
2.
Whether it is a more appropriate forum than the court of any other state under the factors set forth in s. 53.26.
3.
Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of s. 53.23.
(2)
If a court of this state determines that it acquired jurisdiction to appoint a guardian of the person or issue an order appointing a guardian of the estate because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.
History:  2017 a. 187.
2023 Wisconsin Statutes & Annotations › Chapter 53 - Uniform adult guardianship jurisdiction. › 53.28 - Notice of proceeding.

53.28
Notice of proceeding.
If a petition for the appointment of a guardian of the person or issuance of an order appointing a guardian of the estate is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state.
History:  2017 a. 187.
2023 Wisconsin Statutes & Annotations › Chapter 53 - Uniform adult guardianship jurisdiction. › 53.29 - Proceedings in more than one state.

53.29
Proceedings in more than one state.
Except for a petition for the appointment of a temporary guardian or issuance of an order limited to property located in this state under s. 53.24 (1) (a) or (b), if a petition for the appointment of a guardian of the person or issuance of an order appointing a guardian of the estate is filed in this state and in another state and neither petition has been dismissed or withdrawn, all of the following rules apply:
(1)
If the court in this state has jurisdiction under s. 53.23, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to s. 53.23 before the appointment or issuance of the order.
(2)
If the court in this state does not have jurisdiction under s. 53.23, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
History:  2017 a. 187.
2023 Wisconsin Statutes & Annotations › Chapter 53 - Uniform adult guardianship jurisdiction. › 53.31 - Transfer of guardianship to another state.

53.31
Transfer of guardianship to another state.
(1)
A guardian of the person or guardian of the estate appointed in this state may petition the court to transfer the guardianship to another state.
(2)
Notice of a petition under sub. (1) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian under s. 54.38.
(3)
On the court's own motion or on request of the guardian of the person or guardian of the estate, the individual subject to a guardianship of the person or of the estate, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed under sub. (1).
(4)
The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian of the person or guardian of the estate to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that all of the following are satisfied:
(a)
The individual subject to the guardianship of the person or of the estate is physically present in or is reasonably expected to move permanently to the other state.
(b)
An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the individual subject to the guardianship of the person or of the estate.
(c)
For guardianship of the person, plans for care and services for the individual subject to the guardianship of the person in the other state are reasonable and sufficient.
(d)
For guardianship of the estate, adequate arrangements will be made for management of the property of the individual subject to a guardianship of the estate.
(5)
The court shall issue a final order confirming the transfer and terminating the guardianship upon its receipt of all of the following:
(a)
A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to s. 53.32.
(b)
The documents required to terminate a guardianship in this state.
(6)
The court may at any time appoint a guardian ad litem to represent the interests of the respondent. The court shall appoint a guardian ad litem if an objection is made under sub. (4) (b).
History:  2017 a. 187.
2023 Wisconsin Statutes & Annotations › Chapter 53 - Uniform adult guardianship jurisdiction. › 53.41 - Registration of guardianship of the person orders.

53.41
Registration of guardianship of the person orders.
If a guardian of the person has been appointed in another state and a petition for the appointment of a guardian of the person is not pending in this state, the guardian of the person appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship of the person order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
History:  2017 a. 187.
2023 Wisconsin Statutes & Annotations › Chapter 53 - Uniform adult guardianship jurisdiction. › 53.42 - Registration of guardianship of the estate orders.

53.42
Registration of guardianship of the estate orders.
If a guardian of the estate has been appointed in another state and a petition for an order to appoint a guardian of the estate is not pending in this state, the guardian of the estate appointed in the other state, after giving notice to the appointing court of an intent to register, may register the order appointing the guardian of the estate in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the individual subject to the guardianship of the estate is located, certified copies of the order and letters of office and of any bond.
History:  2017 a. 187.
2023 Wisconsin Statutes & Annotations › Chapter 53 - Uniform adult guardianship jurisdiction. › 53.43 - Effect of registration.

53.43
Effect of registration.
(1)
Upon registration of a guardianship order from another state, the guardian of the person or guardian of the estate may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian of the person or of the estate is not a resident of this state, subject to any conditions imposed upon nonresident parties.
(2)
A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.
History:  2017 a. 187.
2023 Wisconsin Statutes & Annotations › Chapter 53 - Uniform adult guardianship jurisdiction. › 53.52 - Relation to Electronic Signatures in Global and National Commerce Act.

53.52
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 USC 7001 to 7031, but does not modify, limit, or supersede section 101 (c) of that act, 15 USC 7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of that act, 15 USC 7003 (b).
History:  2017 a. 187.
2023 Wisconsin Statutes & Annotations › Chapter 54 - Guardianships and conservatorships. › 54.12 - Exceptions to appointment of guardian.

54.12
Exceptions to appointment of guardian.
(1)
Small estates. If a minor or an individual found incompetent, except for his or her incapacity, is entitled to possess assets valued at the amount specified in s. 867.03 (1g) or less, any court in which an action or proceeding involving the assets is pending may, without requiring the appointment of a guardian, order that the register in probate do one of the following:
(a)
Deposit the property in an interest-bearing account in a bank or other financial institution insured by an agency of the federal government or invest the property in interest-bearing obligations of the United States. The fee for services of the register in probate in depositing and disbursing the funds under this paragraph is prescribed in s. 814.66 (1) (n).
(b)
Make payment to the parent of the minor or to the person having actual custody of the minor.
(c)
Make payment to the minor.
(d)
Make payment to the person having actual or legal custody of the incompetent or to the person providing for the care and maintenance of the individual found incompetent for the benefit of the individual found incompetent.
(e)
Make payment to the agent under a durable power of attorney of the ward.
(f)
Make payment to the trustee of any trust created for the benefit of the ward.
(2)
Informal administration. If an individual found incompetent, except for his or her incapacity, a minor, or a spendthrift is entitled to possession of assets of a value of the amount specified in s. 867.03 (1g) (intro.) or less from an estate administered through informal administration under ch. 865, the personal representative may, without the appointment of a guardian, do any of the following:
(a)
With the approval of the register in probate, take one of the actions specified in sub. (1) (a) to (f).
(b)
With the approval of the guardian ad litem of the minor or individual found incompetent, take one of the actions specified in sub. (1) (a) to (f) and file proof of the action taken and of the approval of the guardian ad litem with the probate registrar instead of filing a receipt under s. 865.21.
(3)
Uniform gifts and transfers to minors. If a minor, except for his or her incapacity, is entitled to possession of personal property of any value, any court in which an action or proceeding involving the property is pending may, without requiring the appointment of a guardian, order payment, subject to any limitations the court may impose, to a custodian for the minor designated by the court under ss. 54.854 to 54.898 or under the uniform gifts to minors act or uniform transfers to minors act of any other state.
History:  1971 c. 41; 1973 c. 284; 1977 c. 50; 1981 c. 317; 1983 a. 369; 1985 a. 29, 142; 1987 a. 191; 1989 a. 138; 1991 a. 221; 1993 a. 486; 2005 a. 134; 2005 a. 387 ss. 100, 308, 310 to 312; Stats. 2005 s. 54.12; 2007 a. 96.
2023 Wisconsin Statutes & Annotations › Chapter 54 - Guardianships and conservatorships. › 54.18 - General duties and powers of guardian; limitations; immunity.

54.18
General duties and powers of guardian; limitations; immunity.
(1)
A ward retains all his or her rights that are not assigned to the guardian or otherwise limited by statute. A guardian acting on behalf of a ward may exercise only those powers that the guardian is authorized to exercise by statute or court order. A guardian may be granted only those powers necessary to provide for the personal needs or property management of the ward in a manner that is appropriate to the ward and that constitutes the least restrictive form of intervention.
(2)
A guardian shall do all of the following:
(a)
Exercise the degree of care, diligence, and good faith when acting on behalf of a ward that an ordinarily prudent person exercises in his or her own affairs.
(b)
Advocate for the ward's best interests, including, if the ward is protectively placed under ch. 55 and if applicable, advocating for the ward's applicable rights under ss. 50.09 and 51.61.
(c)
Exhibit the utmost degree of trustworthiness, loyalty, and fidelity in relation to the ward.
(d)
Notify the court of any change of address of the guardian or ward.
(3)
No guardian may do any of the following:
(a)
Lend funds of the ward to himself or herself.
(b)
Lend funds of the ward to another individual or to an entity, unless the court first approves the terms, rate of interest, and any requirement for security.
(c)
Purchase property of the ward, except at fair market value, subject to ch. 786, and with the approval of the court.
(4)
A guardian of the person or of the estate is immune from civil liability for his or her acts or omissions in performing the duties of the guardianship if he or she performs the duties in good faith, in the best interests of the ward, and with the degree of diligence and prudence that an ordinarily prudent person exercises in his or her own affairs.
History:  2005 a. 387 ss. 100, 397, 401, 516.
2023 Wisconsin Statutes & Annotations › Chapter 54 - Guardianships and conservatorships. › 54.19 - Duties of guardian of the estate.

54.19
Duties of guardian of the estate.
Subject to s. 54.18 (1) and except as specifically limited in the order of appointment, the guardian of the estate shall, following any applicable procedures of s. 54.22, do all of the following in order to provide a ward with the greatest amount of independence and self-determination with respect to property management in light of the ward's functional level, understanding, and appreciation of his or her functional limitations and the ward's personal wishes and preferences with regard to managing the activities of daily living:
(1)
Take possession of the ward's real and personal property, of any rents, income, and benefits accruing from the property, and of any proceeds arising from the sale, mortgage, lease, or exchange of the property, and prepare an inventory of these. Subject to this possession, the title of all the income and assets of the ward and the increment and proceeds of the income and assets of the ward remains vested in the ward and is not vested in the guardian.
(2)
Retain, expend, distribute, sell, or invest the ward's property, rents, income, benefits, and proceeds and account for all of them, subject to chs. 786 and 881.
(3)
Determine, if the ward has executed a will, the will's location, determine the appropriate persons to be notified in the event of the ward's death, and, if the death occurs, notify those persons.
(4)
Use the ward's income and property to maintain and support the ward and any dependents of the ward.
(5)
Prepare and file an annual account as specified in s. 54.62.
(6)
At the termination of the guardianship, deliver the ward's assets to the persons entitled to them.
(7)
With respect to claims, pay the legally enforceable debts of the ward, including by filing tax returns and paying any taxes owed, from the ward's estate and income and assets.
(8)
File, with the register of deeds of any county in which the ward possesses real property of which the guardian has actual knowledge, a sworn and notarized statement that specifies the legal description of the property, the date that the ward is determined to be incompetent, and the name, address, and telephone number of the ward's guardian and any surety on the guardian's bond.
(9)
For a ward who receives governmental benefits for which a representative payee is appropriate, if no representative payee is appointed, apply to be appointed the ward's representative payee, or ensure that a representative payee is appointed.
(10)
Perform any other duty required by the court order.
History:  2005 a. 387 ss. 100, 388, 413; 2007 a. 45.
2023 Wisconsin Statutes & Annotations › Chapter 54 - Guardianships and conservatorships. › 54.22 - Petition for authority to sell, mortgage, pledge, lease, or exchange ward's property.

54.22
Petition for authority to sell, mortgage, pledge, lease, or exchange ward's property.
Notwithstanding s. 54.20 (3) (g), (h), and (i), a person interested in the estate of a ward may petition the court to require the guardian to sell, mortgage, pledge, lease, or exchange any asset of the estate of the ward. Following the petition and upon any notice and hearing that the court requires, the court may so order, subject to ch. 786, for the purpose of paying the ward's debts, providing for the ward's care, maintenance, and education and the care, maintenance, and education of the ward's dependents, investing the proceeds, or for any other purpose that is in the best interest of the ward.
History:  2005 a. 387 s. 400.
Transfer of a disabled ward's property to a newly-established “Medicaid Payback Trust" was in the ward's best interest and authorized by ss. 49.454 (4) and 880.19 (5) (b) [now this section]. Marjorie A.G. v. Dodge County Department of Human Services, 2003 WI App 52, 261 Wis. 2d 679, 659 N.W.2d 438, 02-1121.
NOTE:  The above annotation relates to guardianships under former ch. 880, 2003 stats., prior to the revision of and renumbering of that chapter to this chapter by 2005 Wis. Act 387.
2023 Wisconsin Statutes & Annotations › Chapter 54 - Guardianships and conservatorships. › 54.26 - Guardian training requirements.

54.26
Guardian training requirements.
(1)
Required training topics.
(a)
Every guardian of the person, unless exempted under sub. (2) (c), (d), or (e), shall complete training on all of the following topics:
1.
The duties and required responsibilities of a guardian under the law and limits of a guardian's decision-making authority.
2.
Alternatives to guardianship, including supported decision-making agreements and powers of attorney.
3.
Rights retained by a ward.
4.
Best practices for a guardian to solicit and understand the wishes and preferences of a ward, involving a ward in decision making, and taking a ward's wishes and preferences into account in decisions made by the guardian.
5.
Restoration of a ward's rights and the process for removal of guardianship.
6.
Future planning and identification of a potential standby or successor guardian.
7.
Resources and technical support for guardians.
(b)
Every guardian of the estate shall complete training on all of the following topics:
1.
The duties and required responsibilities of a guardian under the law and limits of a guardian's decision-making authority.
2.
Inventory and accounting requirements.
(2)
Initial training requirements.
(a)
Before the final hearing for a permanent guardianship, any person nominated for appointment or seeking appointment as a guardian of the person is required to receive the training required under sub. (1) (a).
(b)
Before the final hearing for permanent guardianship, any person nominated for appointment or seeking appointment as a guardian of the estate is required to receive at least the training required under sub. (1) (b).
(c)
A guardian under s. 54.15 (7) who is regulated by the department is exempt from pars. (a) and (b).
(d)
A volunteer guardian who has completed the training requirements under sub. (1) is exempt from pars. (a) and (b) with regard to subsequent wards.
(e)
A guardian of a minor under s. 48.9795, 48.831, 48.977, 48.978, or 54.10 (1) is exempt from pars. (a) and (b).
History:  2021 a. 97.
2023 Wisconsin Statutes & Annotations › Chapter 54 - Guardianships and conservatorships. › 54.47 - Lis pendens, void contracts.

54.47
Lis pendens, void contracts.
A certified copy of the petition and order for hearing provided for in ss. 54.34 and 54.38 may be filed in the office of the register of deeds for the county. If a guardian is appointed after a hearing on the petition and if the court's order includes a finding that the ward may not make contracts, all contracts, except for necessaries at reasonable prices, and all gifts, sales, and transfers of property made by the ward after the filing of a certified copy of the order are void, unless notified by the guardian in writing.
History:  1971 c. 41 ss. 8, 12; Stats. 1971 s. 880.215; 1973 c. 284; 1997 a. 304; 2005 a. 387 s. 410; Stats. 2005 s. 54.47.
2023 Wisconsin Statutes & Annotations › Chapter 54 - Guardianships and conservatorships. › 54.48 - Protective placement and protective services.

54.48
Protective placement and protective services.
A finding of incompetency and appointment of a guardian under this chapter is not grounds for involuntary protective placement or the provision of protective services. A protective placement and the provision of protective services may be made only in accordance with ch. 55.
History:  2005 a. 264 s. 212; 2005 a. 387 s. 472; 2007 a. 45.
2023 Wisconsin Statutes & Annotations › Chapter 54 - Guardianships and conservatorships. › 54.52 - Standby guardianship.

54.52
Standby guardianship.
(1)
A person may at any time bring a petition for the appointment of a standby guardian of the person or estate of an individual who is determined under s. 54.10 to be incompetent or a spendthrift or for the appointment of a standby guardian of the estate of a minor, except that, as specified in s. 48.978 a petition for the appointment of a standby guardian of the person or estate, or both, of a minor to assume the duty and authority of guardianship on the incapacity, death, or debilitation and consent, of the minor's parent shall be brought under s. 48.978.
(2)
At any hearing conducted under this section the court may designate one or more standby guardians of the person or estate whose appointment shall become effective immediately upon the death, unwillingness, or inability to act, or resignation or court's removal of the initially appointed guardian or during a period, as determined by the initially appointed guardian, when the initially appointed guardian is temporarily unable to fulfill his or her duties, including during an extended vacation or illness. The powers and duties of the standby guardian shall be the same as those of the initially appointed guardian. The standby guardian shall receive a copy of the court order establishing or modifying the initial guardianship, and the order designating the standby guardian. Upon assuming office, the standby guardian shall so notify the court. Upon notification, the court shall issue new letters of guardianship that specify that the standby guardianship is permanent or that specify the time period for a limited standby guardianship.
History:  1973 c. 284; 1993 a. 486; 1997 a. 334; 2005 a. 387 ss. 507 to 509; Stats. 2005 s. 54.52; 2007 a. 45; 2015 a. 197, 380; 2019 a. 109.