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2023 Wisconsin Statutes & Annotations › Chapter 54 - Guardianships and conservatorships. › 54.958 - Transfer to custodial trustee by fiduciary or obligor; facility of payment.

54.958
Transfer to custodial trustee by fiduciary or obligor; facility of payment.
(1)
Unless otherwise directed by an instrument designating a custodial trustee pursuant to s. 54.954, a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator or guardian of the estate may make a transfer to an adult member of the beneficiary's family or to a trust company as custodial trustee for the use and benefit of the incapacitated individual. If the value of the property or the debt exceeds $10,000, the transfer is not effective unless authorized by the court.
(2)
A written acknowledgment of delivery, signed by a custodial trustee, is a sufficient receipt and discharge for property transferred to the custodial trustee pursuant to this section.
History:  1991 a. 246; 2005 a. 387 s. 558; Stats. 2005 s. 54.958.
2023 Wisconsin Statutes & Annotations › Chapter 54 - Guardianships and conservatorships. › 54.960 - Multiple beneficiaries; separate custodial trusts; survivorship.

54.960
Multiple beneficiaries; separate custodial trusts; survivorship.
(1)
Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of husband and wife, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship or survivorship is required as to marital property.
(2)
Custodial trust property held under this subchapter by the same custodial trustee for the use and benefit of the same beneficiary may be administered as a single custodial trust.
(3)
A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary pursuant to ss. 54.962 and 54.978 for the administration of the custodial trust.
History:  1991 a. 246; 2005 a. 387 s. 559; Stats. 2005 s. 54.960.
2023 Wisconsin Statutes & Annotations › Chapter 54 - Guardianships and conservatorships. › 54.962 - General duties of custodial trustee.

54.962
General duties of custodial trustee.
(1)
If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.
(2)
If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other law restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee's discretion, may retain any custodial trust property received from the transferor. If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise.
(3)
Subject to sub. (2), a custodial trustee shall take control of and collect, hold, manage, invest and reinvest custodial trust property.
(4)
A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is so identified if an appropriate instrument so identifying the property is recorded, and custodial trust property subject to registration is so identified if it is registered or held in an account in the name of the custodial trustee designated in substance: “as custodial trustee for .... (name of beneficiary) under the Wisconsin Uniform Custodial Trust Act".
(5)
A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary.
(6)
The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust.
History:  1991 a. 246; 2005 a. 387 s. 560; Stats. 2005 s. 54.962.
2023 Wisconsin Statutes & Annotations › Chapter 54 - Guardianships and conservatorships. › 54.964 - General powers of custodial trustee.

54.964
General powers of custodial trustee.
(1)
A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over custodial trust property which an unmarried adult owner has over individually owned property, but a custodial trustee may exercise those rights and powers in a fiduciary capacity only.
(2)
This section does not relieve a custodial trustee from liability for a violation of s. 54.962.
History:  1991 a. 246; 2005 a. 387 s. 561; Stats. 2005 s. 54.964.
2023 Wisconsin Statutes & Annotations › Chapter 54 - Guardianships and conservatorships. › 54.966 - Use of custodial trust property.

54.966
Use of custodial trust property.
(1)
A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time.
(2)
If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee considers advisable for the use and benefit of the beneficiary and individuals who were supported by the beneficiary when the beneficiary became incapacitated or who are legally entitled to support by the beneficiary. Expenditures may be made in the manner, when and to the extent that the custodial trustee determines suitable and proper, without court order and without regard to other support, income or property of the beneficiary.
(3)
A custodial trustee may establish checking, savings or other similar accounts of reasonable amounts from or against which either the custodial trustee or the beneficiary may withdraw funds or write checks. Funds withdrawn from, or checks written against, the account by the beneficiary are distributions of custodial trust property by the custodial trustee to the beneficiary.
History:  1991 a. 246; 2005 a. 387 s. 562; Stats. 2005 s. 54.966.
2023 Wisconsin Statutes & Annotations › Chapter 54 - Guardianships and conservatorships. › 54.968 - Determination of incapacity; effect.

54.968
Determination of incapacity; effect.
(1)
The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if any of the following applies:
(a)
The custodial trust was created under s. 54.958.
(b)
The transferor has so directed in the instrument creating the custodial trust period.
(c)
The custodial trustee has determined that the beneficiary is incapacitated.
(2)
A custodial trustee may determine that the beneficiary is incapacitated in reliance upon any of the following:
(a)
Previous direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney.
(b)
The certificate of the beneficiary's physician.
(c)
Other persuasive evidence.
(3)
If a custodial trustee for an incapacitated beneficiary reasonably concludes that the beneficiary's incapacity has ceased, or that circumstances concerning the beneficiary's ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer the trust as for a beneficiary who is not incapacitated.
(4)
On petition of the beneficiary, the custodial trustee or other person interested in the custodial trust property or the welfare of the beneficiary, the court shall determine whether the beneficiary is incapacitated.
(5)
Absent determination of incapacity of the beneficiary under sub. (2) or (4), a custodial trustee who has reason to believe that the beneficiary is incapacitated shall administer the custodial trust in accordance with the provisions of this subchapter applicable to an incapacitated beneficiary.
(6)
Incapacity of a beneficiary does not terminate any of the following:
(a)
The custodial trust.
(b)
Any designation of a successor custodial trustee.
(c)
Rights or powers of the custodial trustee.
(d)
Any immunities of 3rd persons acting on instructions of the custodial trustee.
History:  1991 a. 246; 2005 a. 387 s. 563; Stats. 2005 s. 54.968.
2023 Wisconsin Statutes & Annotations › Chapter 54 - Guardianships and conservatorships. › 54.970 - Exemption of 3rd person from liability.

54.970
Exemption of 3rd person from liability.
A 3rd person in good faith and without a court order may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee. In the absence of knowledge to the contrary, the 3rd person is not responsible for determining any of the following:
(1)
The validity of the purported custodial trustee's designation.
(2)
The propriety of, or the authority under this subchapter for, any action of the purported custodial trustee.
(3)
The validity or propriety of an instrument executed or instruction given pursuant to this subchapter either by the person purporting to make a transfer or declaration or by the purported custodial trustee.
(4)
The propriety of the application of property vested in the purported custodial trustee.
History:  1991 a. 246; 2005 a. 253; 2005 a. 387 s. 564; Stats. 2005 s. 54.970.
2023 Wisconsin Statutes & Annotations › Chapter 54 - Guardianships and conservatorships. › 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 the custodial trust property by proceeding against the custodial trustee in a fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable.
(2)
A custodial trustee is not personally liable to a 3rd person in any of the following situations:
(a)
On a contract properly entered into in a fiduciary capacity unless the custodial trustee fails to reveal that capacity or to identify the custodial trust in the contract.
(b)
For an obligation arising from control of custodial trust property or for a tort committed in the course of the administration of the custodial trust unless the custodial trustee is personally at fault.
(3)
A beneficiary is not personally liable to a 3rd person for an obligation arising from beneficial ownership of custodial trust property or for a tort committed in the course of administration of the custodial trust unless the beneficiary is personally in possession of the custodial trust property giving rise to the liability or is personally at fault.
(4)
Subsections (2) and (3) do not preclude actions or proceedings to establish liability of the custodial trustee or beneficiary to the extent the person sued is protected as the insured by liability insurance.
History:  1991 a. 246; 2005 a. 253; 2005 a. 387 s. 565; Stats. 2005 s. 54.972.
2023 Wisconsin Statutes & Annotations › Chapter 54 - Guardianships and conservatorships. › 54.976 - Expenses, compensation and bond of custodial trustee.

54.976
Expenses, compensation and bond of custodial trustee.
Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary or by court order, all of the following apply to a custodial trustee:
(1)
A custodial trustee is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciary services.
(2)
A custodial trustee has a noncumulative election, to be made no later than 6 months after the end of each calendar year, to charge a reasonable compensation for fiduciary services performed during that year.
(3)
A custodial trustee need not furnish a bond or other security for the faithful performance of fiduciary duties.
History:  1991 a. 246; 2005 a. 387 s. 567; Stats. 2005 s. 54.976.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 the person's life. 74 Atty. Gen. 188.
Landmark Reforms Signed Into Law: Guardianship and Adult Protective Services. Abramson & Raymond. Wis. Law. Aug. 2006.
2023 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.
2023 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; 2021 a. 240 s. 30.
2023 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.
2023 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.
2023 Wisconsin Statutes & Annotations › Chapter 55 - Protective service system. › 55.06 - Protective services and protective placement; eligibility.

55.06
Protective services and protective placement; eligibility.
To be eligible for court-ordered protective placement or protective services, an individual shall have filed a petition to transfer a foreign guardianship, whether present in the state or not, or shall be a resident of the state; and shall have a need for protective placement or protective services. The individual shall have attained the age of 18, but an individual who is alleged to have a developmental disability may receive protective placement or protective services upon attaining the age of 14. Protective placement or protective services may be ordered under this chapter only for an individual who is adjudicated incompetent in this state or for a minor who is alleged to have a developmental disability, and only if there is a finding of a need for protective placement under s. 55.08 (1), and ss. 55.055 (5), 55.13, and 55.135 are inappropriate or do not apply. A procedure for court-ordered protective placement or protective services may be initiated 6 months before a minor attains age 18.
History:  1973 c. 284; 1975 c. 41; 1975 c. 94 s. 3; 1975 c. 189 s. 99 (2); 1975 c. 393, 421, 422; 1975 c. 430 ss. 67 to 71, 80; 1977 c. 26, 299, 428; 1977 c. 449 s. 497; 1979 c. 32 s. 92 (1); 1979 c. 110 s. 60 (1); 1979 c. 221; 1981 c. 314 s. 146; 1981 c. 379; 1983 a. 27; 1983 a. 189 s. 329 (19); 1983 a. 219; 1985 a. 29 ss. 1143, 3202 (23); 1987 a. 366; 1989 a. 31, 359; 1991 a. 269; 1993 a. 187, 451; 1995 a. 27, 92; 1997 a. 237, 283; 2001 a. 109; 2003 a. 33, 326; 2005 a. 253, 264, 387; 2007 a. 45.
Guardianships & Protective Placements. Viney. Wis. Law. Aug. 1991.
Guardianships and Protective Placements in Wisconsin After Agnes T. Fennell. Wis. Law. May 1995.
NOTE:  The above annotations relate to protective placements under this chapter prior to the revision of this chapter by 2005 Wis. Act 264.
The ch. 55 exclusion in s. 51.20 (1) (a) 2. e. includes an individual who is already subject to an order for protective placement or services, if there is another placement or additional services available under this chapter that would be effective in reducing the probability of the requisite harm to less than a substantial probability. This exclusion may apply to an individual who is not yet subject to an order under this chapter but who is eligible for one. Involuntary administration of medication under this section may be one of the additional services that would satisfy this exclusion, if the guardian consents and depending on the individual's circumstances. Dane County v. Kelly M., 2011 WI App 69, 333 Wis. 2d 719, 798 N.W.2d 697, 10-1486.
Rehabilitation is a necessary element of treatment under ch. 51. Because there are no techniques that can be employed to bring about rehabilitation from Alzheimer's disease, an individual with the disease cannot be rehabilitated. Accordingly, an Alzheimer's patient is not a proper subject for ch. 51 treatment. Fond du Lac County v. Helen E.F., 2012 WI 50, 340 Wis. 2d 500, 814 N.W.2d 179, 10-2061.
2023 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 County Department of Health & 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 the person's 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 County Department of Health & Human Services v. Susan H., 2010 WI App 82, 326 Wis. 2d 246, 785 N.W.2d 677, 09-1997.
2023 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.
2023 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.
2023 Wisconsin Statutes & Annotations › Chapter 55 - Protective service system. › 55.107 - Reimbursement of counsel provided by the state.

55.107
Reimbursement of counsel provided by the state.
(1)
At or after the conclusion of a proceeding under this chapter in which the state public defender has provided legal counsel for an adult individual, the court may inquire as to the individual's ability to reimburse the state for the costs of representation. If the court determines that the individual is able to make reimbursement for all or part of the costs of representation, the court may order the individual to reimburse the state an amount not to exceed the maximum amount established by the public defender board under s. 977.075 (4). Upon the court's request, the state public defender shall conduct a determination of indigency under s. 977.07 and report the results of the determination to the court.
(2)
Reimbursement ordered under this section shall be made to the clerk of courts of the county where the proceedings took place. The clerk of courts shall transmit payments under this section to the county treasurer, who shall deposit 25 percent of the payment amount in the county treasury and transmit the remainder to the secretary of administration. Payments transmitted to the secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L).
(3)
By January 31st of each year, the clerk of courts for each county shall report to the state public defender the total amount of reimbursements ordered under sub. (1) in the previous calendar year and the total amount of reimbursements paid to the clerk under sub. (2) in the previous year.
History:  2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 55 - Protective service system. › 55.13 - Emergency protective services.

55.13
Emergency protective services.
(1)
Emergency protective services may be provided for not more than 72 hours when there is reason to believe that, if the emergency protective services are not provided, the individual entitled to the services or others will incur a substantial risk of serious physical harm.
(2)
If the county department or agency with which the county department contracts under s. 55.02 (2) that is providing emergency protective services to an individual under sub. (1) has reason to believe that the individual meets the criteria for protective services under s. 55.08 (2), the county department or agency may file a petition under s. 55.075. If a petition is filed, a preliminary hearing shall be held within 72 hours, excluding Saturdays, Sundays, and legal holidays, to establish probable cause that the criteria under s. 55.08 (2) are present. The county department or agency shall provide the individual with written notice and orally inform the individual of the time and place of the preliminary hearing. If the individual is not under guardianship, a petition for guardianship shall accompany the petition under s. 55.08 (2), except in the case of a minor who is alleged to have a developmental disability.
(3)
Upon finding probable cause under sub. (2), the court may order emergency protective services to continue to be provided for up to 60 days pending the hearing on protective services under s. 55.10.
(4)
If it is necessary to enter a premises forcibly to provide or investigate the need for emergency protective services, the staff member of a county department shall obtain a court order authorizing entry and shall make the entry accompanied by a sheriff, police officer, or member of a fire department. When it appears probable that substantial physical harm, irreparable injury, or death may occur to an individual, the police officer, fire fighter, or sheriff may enter a premises without a court order if the time required to obtain such an order would result in greater risk of physical harm to the individual.
(5)
If a forcible entry is made under sub. (4), a report of the exact circumstances, including the date, time, place, factual basis for the need of the entry, and the exact services rendered, shall be made and forwarded to the court within 14 days after entry by the person making the entry.
History:  2005 a. 264 ss. 98, 99, 100, 163; 2007 a. 45.
2023 Wisconsin Statutes & Annotations › Chapter 55 - Protective service system. › 55.175 - Discharge from protective placement.

55.175
Discharge from protective placement.
Prior to discharge of an individual from a protective placement, the county department that is responsible for protective placement shall review the need for continuing protective services, continuation of full or limited guardianship, or, if the individual has no guardian, guardianship. If the county department's recommendation includes a course of action for which court approval would be required, the county department shall make the recommendation to the court. Prior to discharge of the individual from any mental health institute or center for the developmentally disabled, the department shall make the review under s. 51.35 (7).
History:  2005 a. 264 s. 151; 2005 a. 387 s. 119; 2007 a. 45.
2023 Wisconsin Statutes & Annotations › Chapter 55 - Protective service system. › 55.195 - Duties of guardian ad litem for protective services reviews.

55.195
Duties of guardian ad litem for protective services reviews.
In any review of a protective services order made under s. 55.12, except as provided in s. 55.19 (2), the guardian ad litem shall do all of the following:
(1)
Interview the ward to explain the review procedure, the right to an independent evaluation, the right to counsel, and the right to a hearing.
(2)
Provide the information under sub. (1) to the ward in writing.
(3)
Request that the court order an additional medical, psychological, or other evaluation of the ward, if necessary.
(4)
Review the annual report and relevant reports on the ward's condition and protective services.
(5)
Review the ward's condition, protective services, and rights with the guardian.
(6)
If relevant, report to the court that the ward objects to the finding of continuing incompetency, the present or proposed protective services, the position of the guardian, or the recommendation of the guardian ad litem as to the best interests of the ward or if there is ambiguity about the ward's position on these matters.
(7)
Provide a summary written report to the court.
(8)
If relevant, report to the court that the ward requests the appointment of counsel or an adversary hearing.
(9)
Attend the hearing.
History:  2005 a. 387 ss. 123, 124, 488 to 495; Stats. 2005 s. 55.195; 2007 a. 45.
The guardian ad litem is entitled to petition for review as an interested person, which includes any official or representative of a public or private agency, corporation, or association concerned with the person's welfare. A guardian ad litem appointed by the circuit court to represent the ward's best interest becomes an official of a public agency concerned with the person's welfare by virtue of that appointment. Linda L. v. Collis, 2006 WI App 105, 294 Wis. 2d 637, 718 N.W.2d 205, 05-0494.
NOTE:  The above annotation relates to protective placements under this chapter prior to the revision of this chapter by 2005 Wis. Act 264.
2023 Wisconsin Statutes & Annotations › Chapter 55 - Protective service system. › 55.20 - Appeals.

55.20
Appeals.
An appeal may be taken to the court of appeals from a final judgment or final order under this chapter within the time period specified in s. 808.04 (3) and in accordance with s. 809.30 by the subject of the petition or the individual's guardian, by any petitioner, or by the representative of the public.
History:  2005 a. 264 s. 155.
The guardian ad litem is entitled to petition for review as an interested person, which includes any official or representative of a public or private agency, corporation, or association concerned with the person's welfare. A guardian ad litem appointed by the circuit court to represent the ward's best interest becomes an official of a public agency concerned with the person's welfare by virtue of that appointment. Linda L. v. Collis, 2006 WI App 105, 294 Wis. 2d 637, 718 N.W.2d 205, 05-0494.
NOTE:  The above annotation relates to protective placements under this chapter prior to the revision of this chapter by 2005 Wis. Act 264.
2023 Wisconsin Statutes & Annotations › Chapter 55 - Protective service system. › 55.21 - Centers for the developmentally disabled.

55.21
Centers for the developmentally disabled.
Protective placements to centers for the developmentally disabled and discharges from such institutions shall be in compliance with s. 51.35 (4).
History:  2005 a. 264 s. 153.