Guardianship - the Basics
All Stats. citations below can be found in Wisconsin
Statutes (exit DHFS) (Revisor of Statutes Bureau). You can highlight
and copy the citation and paste it into the search feature.
The county is responsible for ensuring that guardianship is
established as part of their protective services role
- Services include client evaluation, referral to Probate Court and
case management (§ 55.02(2), Stats.)
- Be aware of potential "county of responsibility" issues.
The criteria for residence is set forth in § 51.40, Wis. Stats. That
process can be initiated by any interested party to clarify residency
/ county of responsibility.
Selection of a guardian of the person and/or estate:
- There is court preference for appointing a relative or an individual
rather than corporate guardian since the relative or individual may
know the client's preferences better. (§ 54.15(5) and (7), Wis.
Stats.)
- The court must consider, but is not bound by opinions or wishes of
the family, and must appoint a guardian based on "best
interests." (§ 54.15(1), Wis. Stats.)
- Requirements and responsibilities of volunteer & corporate
guardians are defined in § 54.15(7) and § 54.15(9), Wis. Stats. The
Department monitors corporate
guardians pursuant to HFS
85, Wis. Admin. Code (exit DHFS - scroll down to HFS 85).
Planning for the future - possible options include:
- Co - guardianship (§ 54.10(5), § 54.15(5) and § 54.46(2)(a), Wis.
Stats.)
- Standby guardianship (§ 54.01(33) and § 54.52, Wis. Stats.)
- Successor guardianship (§ 54.54, Wis. Stats.)
A ward retains all of his or her rights that are not assigned to the
guardian or otherwise limited by statute.
A guardian may exercise only those powers that they are 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. (§54.18(1), Stats.)
Basic Civil Rights, per Chapter 55 Protective Service System
Declaration of Policy:
"[Any protective services provided] should, to the maximum
degree of feasibility … 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 services and assure their
availability to all individuals when in need of them, and to place
the least possible restriction on personal liberty and the exercise of
constitutional rights consistent with due process and protection
from abuse, financial exploitation, neglect, and self-neglect…"
(§55.001, Stats., emphasis added)
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Last Updated: April 03, 2007 |
