SB391-SSA1,51,9
151.45 (10) (c) If a patient receiving inpatient care leaves an approved public
2treatment facility, the patient shall be encouraged to consent to appropriate
3outpatient or intermediate treatment. If it appears to the superintendent in charge
4of the treatment facility that the patient is an alcoholic or intoxicated person who
5requires help, the county department shall arrange for assistance in obtaining
6supportive services and residential facilities. If the patient is an individual who is
7adjudicated
incompetent person, the request for discharge from an inpatient facility
8shall be made by a legal guardian or other legal representative or by the individual
9who is adjudicated
incompetent if he or she was the original applicant.
SB391-SSA1, s. 96 10Section 96. 51.45 (13) (c) of the statutes is amended to read:
SB391-SSA1,52,1511 51.45 (13) (c) Effective and timely notice of the preliminary hearing, together
12with a copy of the petition and supporting affidavits under par. (a), shall be given to
13the person unless he or she has been taken into custody under par. (b), the spouse
14or
legal guardian if the person is adjudicated incompetent, the person's counsel, and
15the petitioner. The notice shall include a written statement of the person's right to
16an attorney, the right to trial by jury, the right to be examined by a physician, and
17the standard under which he or she may be committed under this section. If the
18person is taken into custody under par. (b), upon arrival at the approved public
19treatment facility, the person shall be advised both orally and in writing of the right
20to counsel, the right to consult with counsel before a request is made to undergo
21voluntary treatment under sub. (10), the right not to converse with examining
22physicians, psychologists or other personnel, the fact that anything said to
23examining physicians, psychologists or other personnel may be used as evidence
24against him or her at subsequent hearings under this section, the right to refuse
25medication under s. 51.61 (6), the exact time and place of the preliminary hearing

1under par. (d), the right to trial by jury, the right to be examined by a physician and
2of the reasons for detention, and the standards under which he or she may be
3committed prior to all interviews with physicians, psychologists, or other personnel.
4Such notice of rights shall be provided to the person's immediate family if they can
5be located and may be deferred until the person's incapacitated condition, if any, has
6subsided to the point where the person is capable of understanding the notice. Under
7no circumstances may interviews with physicians, psychologists, or other personnel
8be conducted until such notice is given, except that the person may be questioned to
9determine immediate medical needs. The person may be detained at the facility to
10which he or she was admitted or, upon notice to the attorney and the court,
11transferred by the county department to another appropriate public or private
12treatment facility, until discharged under this subsection. A copy of the petition and
13all supporting affidavits shall be given to the person at the time notice of rights is
14given under this paragraph by the superintendent, who shall provide a reasonable
15opportunity for the patient to consult counsel.
SB391-SSA1, s. 97 16Section 97. 51.45 (13) (e) of the statutes is amended to read:
SB391-SSA1,53,617 51.45 (13) (e) Upon a finding of probable cause under par. (d), the court shall
18fix a date for a full hearing to be held within 14 days. An extension of not more than
1914 days may be granted upon motion of the person sought to be committed upon a
20showing of cause. Effective and timely notice of the full hearing, the right to counsel,
21the right to jury trial, and the standards under which the person may be committed
22shall be given to the person, the immediate family other than a petitioner under par.
23(a) or sub. (12) (b) if they can be located, the spouse or legal guardian if the person
24is adjudicated incompetent, the superintendent in charge of the appropriate
25approved public treatment facility if the person has been temporarily committed

1under par. (b) or sub. (12), the person's counsel, unless waived, and to the petitioner
2under par. (a). Counsel, or the person if counsel is waived, shall have access to all
3reports and records, psychiatric and otherwise, which have been made prior to the
4full hearing on commitment, and shall be given the names of all persons who may
5testify in favor of commitment and a summary of their proposed testimony at least
696 hours before the full hearing, exclusive of Saturdays, Sundays and legal holidays.
SB391-SSA1, s. 98 7Section 98. 51.61 (1) (o) of the statutes is amended to read:
SB391-SSA1,53,198 51.61 (1) (o) Except as otherwise provided, have a right not to be filmed or
9taped, unless the patient signs an informed and voluntary consent that specifically
10authorizes a named individual or group to film or tape the patient for a particular
11purpose or project during a specified time period. The patient may specify in such
12the consent periods during which, or situations in which, the patient may not be
13filmed or taped. If a patient is legally adjudicated incompetent, such the consent
14shall be granted on behalf of the patient by the patient's guardian. A patient in
15Goodland Hall at the Mendota Mental Health Institute, or a patient detained or
16committed under ch. 980 and placed in a facility specified under s. 980.065, may be
17filmed or taped for security purposes without the patient's consent, except that such
18a patient may not be filmed in patient bedrooms or bathrooms for any purpose
19without the patient's consent.
SB391-SSA1, s. 99 20Section 99. 51.61 (1) (w) 3. of the statutes is amended to read:
SB391-SSA1,54,1021 51.61 (1) (w) 3. A patient, a patient's relative who may be liable for the cost of
22the patient's care and treatment, or a patient's guardian may request information
23about charges for care and treatment services at the treatment facility or community
24mental health program. If a treatment facility or community mental health program
25receives such a request, the treatment facility or community mental health program

1shall promptly provide to the individual making the request written information
2about the treatment facility's or community mental health program's charges for
3care and treatment services. Unless the request is made by the patient, the guardian
4of a patient adjudged adjudicated incompetent under ch. 880 in this state, the parent
5or guardian of a minor who has access to the minor's treatment records under s. 51.30
6(5) (b) 1., or a person designated by the patient's informed written consent under s.
751.30 (4) (a) as a person to whom information may be disclosed, information released
8under this subdivision is limited to general information about the treatment facility's
9or community mental health program's charges for care and treatment services and
10may not include information which may not be disclosed under s. 51.30.
SB391-SSA1, s. 100 11Section 100. Chapter 54 of the statutes is created to read:
SB391-SSA1,54,1312 Chapter 54
13 guardiansHIPS and CONSERVATORSHIPs
SB391-SSA1,54,1514 subchapter I
15 definitions
SB391-SSA1,54,16 1654.01 Definitions. In subchs I to VI:
SB391-SSA1,54,19 17(1) "Activities of daily living" means activities relating to the performance of
18self care, work, and leisure activities, including dressing, eating, grooming, mobility,
19and object manipulation.
SB391-SSA1,54,21 20(3) "Conservator" means a person who is appointed by a court at an individual's
21request under s. 54.76 (2) to manage the estate of the individual.
SB391-SSA1,54,24 22(4) "Court" means the circuit court or judge assigned to exercise probate
23jurisdiction or the assignee of the judge under s. 757.68 (4m) or 851.73 (1) (g) who is
24assigned relevant authority.
SB391-SSA1,55,2
1(5) "Decedent" means the deceased individual whose estate is subject to
2administration.
SB391-SSA1,55,6 3(6) "Degenerative brain disorder" means the loss or dysfunction of an
4individual's brain cells to the extent that he or she is substantially impaired in his
5or her ability to provide adequately for his or her own care or custody or to manage
6adequately his or her property or financial affairs.
SB391-SSA1,55,7 7(7) "Depository account" has the meaning given in s. 815.18 (2) (e).
SB391-SSA1,55,8 8(9) "Durable power of attorney" has the meaning given in s. 243.07 (1) (a).
SB391-SSA1,55,10 9(9g) "Foreign court" means a court of a foreign state having competent
10jurisdiction of a foreign ward.
SB391-SSA1,55,12 11(9i) "Foreign guardian" means a guardian appointed by a foreign court for a
12foreign ward.
SB391-SSA1,55,13 13(9k) "Foreign guardianship" means a guardianship issued by a foreign court.
SB391-SSA1,55,14 14(9m) "Foreign state" means a state other than this state.
SB391-SSA1,55,17 15(9p) "Foreign ward" means an individual who has been found by a foreign court
16to be incompetent or a spendthrift and who is subject to a guardianship order or
17related order in a foreign state.
SB391-SSA1,55,19 18(11) "Guardian of the estate" means a guardian appointed to comply with the
19duties specified in s. 54.19 and to exercise any of the powers specified in s. 54.20.
SB391-SSA1,55,22 20(12) "Guardian of the person" means a guardian appointed to comply with the
21duties specified in s. 54.25 (1) and to exercise any of the powers specified in s. 54.25
22(2).
SB391-SSA1,56,3 23(13) "Heir" means any person, including the surviving spouse, who is entitled
24under the statutes of intestate succession to an interest in property of a decedent.
25The state is an heir of the decedent and a person interested under s. 45.37 (10) and

1(11) when the decedent was a member of the Wisconsin Veterans Home at King or
2at the facilities operated by the department of veterans affairs under s. 45.385 at the
3time of the decedent's death.
SB391-SSA1,56,5 4(14) "Impairment" means a developmental disability, serious and persistent
5mental illness, degenerative brain disorder, or other like incapacities.
SB391-SSA1,56,8 6(15) "Incapacity" means the inability of an individual effectively to receive and
7evaluate information or to make or communicate a decision with respect to the
8exercise of a right or power.
SB391-SSA1,56,10 9(16) "Individual found incompetent" means an individual who has been
10adjudicated by a court as meeting the requirements of s. 54.10 (3).
SB391-SSA1,56,11 11(17) "Interested person" means any of the following:
SB391-SSA1,56,1212 (a) For purposes of a petition for guardianship, any of the following:
SB391-SSA1,56,1313 1. The proposed ward, if he or she has attained 14 years of age.
SB391-SSA1,56,1514 2. The spouse or adult child of the proposed ward, or the parent of a proposed
15ward who is a minor.
SB391-SSA1,56,1816 3. For a proposed ward who has no spouse, child, or parent, an heir, as defined
17in s. 851.09, of the proposed ward that may be reasonably ascertained with due
18diligence.
SB391-SSA1,56,2419 4. Any individual who is nominated as guardian, any individual who is
20appointed to act as guardian or fiduciary for the proposed ward by a court of any
21state, any trustee for a trust established by or for the proposed ward, any person
22appointed as agent under a power of attorney for health care, as defined in s. 155.01
23(4), or any person appointed as agent under a durable power of attorney under ch.
24243.
SB391-SSA1,57,3
15. If the proposed ward is a minor, the individual who has exercised principal
2responsibility for the care and custody of the proposed ward during the period of 60
3consecutive days immediately before the filing of the petition.
SB391-SSA1,57,64 6. If the proposed ward is a minor and has no living parent, any individual
5nominated to act as fiduciary for the minor in a will or other written instrument that
6was executed by a parent of the minor.
SB391-SSA1,57,117 7. If the proposed ward is receiving moneys paid, or if moneys are payable, by
8the federal department of veterans affairs, a representative of the federal
9department of veterans affairs, or, if the proposed ward is receiving moneys paid, or
10if moneys are payable, by the state department of veterans affairs, a representative
11of the state department of veterans affairs.
SB391-SSA1,57,1412 8. If the proposed ward is receiving long-term support services or similar public
13benefits, the county department of human services or social services that is providing
14the services or benefits.
SB391-SSA1,57,1715 9. The corporation counsel of the county in which the petition is filed and, if the
16petition is filed in a county other than the county of the proposed ward's residence,
17the corporation counsel of the county of the proposed ward's residence.
SB391-SSA1,57,1818 10. Any other person required by the court.
SB391-SSA1,57,2019 (b) For purposes of proceedings subsequent to an order for guardianship, any
20of the following:
SB391-SSA1,57,2121 1. The guardian.
SB391-SSA1,57,2222 2. The spouse or adult child of the ward or the parent of a minor ward.
SB391-SSA1,57,2423 3. The county of venue, through the county's corporation counsel, if the county
24has an interest.
SB391-SSA1,58,2
14. Any person appointed as agent under a durable power of attorney under ch.
2243, unless the agency is revoked or terminated by a court.
SB391-SSA1,58,43 5. Any other individual that the court may require, including any fiduciary that
4the court may designate.
SB391-SSA1,58,9 5(18) "Least restrictive" means that which places the least possible restriction
6on personal liberty and the exercise of rights and that promotes the greatest possible
7integration of an individual into his or her community that is consistent with
8meeting his or her essential requirements for health, safety, habilitation, treatment,
9and recovery and protecting him or her from abuse, exploitation, and neglect.
SB391-SSA1,58,13 10(19) "Meet the essential requirements for physical health or safety" means
11perform those actions necessary to provide the health care, food, shelter, clothes,
12personal hygiene, and other care without which serious physical injury or illness will
13likely occur.
SB391-SSA1,58,15 14(21) "Mortgage" means any agreement or arrangement in which property is
15used as security.
SB391-SSA1,58,18 16(23) "Personal representative" means any individual to whom letters to
17administer a decedent's estate have been granted by the court or by the probate
18registrar under ch. 865, but does not include a special administrator.
SB391-SSA1,58,19 19(24) "Physician" has the meaning given in s. 448.01 (5).
SB391-SSA1,58,23 20(25) "Property" means any interest, legal or equitable, in real or personal
21property, without distinction as to kind, including money, rights of a beneficiary
22under a contractual arrangement, choses in action, and anything else that may be
23the subject of ownership.
SB391-SSA1,58,25 24(26) "Proposed ward" means a minor, an individual alleged to be incompetent,
25or an alleged spendthrift, for whom a petition for guardianship is filed.
SB391-SSA1,59,1
1(27) "Psychologist" means a licensed psychologist, as defined in s. 455.01 (4).
SB391-SSA1,59,4 2(28) "Psychotropic medication" means a prescription drug, as defined in s.
3450.01 (20), that is used to treat or manage a psychiatric symptom or challenging
4behavior.
SB391-SSA1,59,8 5(29) "Sale" includes an option or agreement to transfer whether the
6consideration is cash or credit. It includes exchange, partition, and settlement of title
7disputes. The intent of this subsection is to extend and not to limit the meaning of
8"sale."
SB391-SSA1,59,17 9(30) "Serious and persistent mental illness" means a mental illness that is
10severe in degree and persistent in duration, that causes a substantially diminished
11level of functioning in the primary aspects of daily living and an inability to cope with
12the ordinary demands of life, that may lead to an inability to maintain stable
13adjustment and independent functioning without long-term treatment and support
14and that may be of lifelong duration. "Serious and persistent mental illness" includes
15schizophrenia as well as a wide spectrum of psychotic and other severely disabling
16psychiatric diagnostic categories, but does not include degenerative brain disorder
17or a primary diagnosis of a developmental disability or of alcohol or drug dependence.
SB391-SSA1,59,22 18(32) "Standby conservator" means an individual designated by the court under
19s. 54.76 (2) whose appointment as conservator becomes effective immediately upon
20the death, resignation, or court's removal of the initially appointed conservator, or
21if the initially appointed conservator is temporarily or permanently unable,
22unavailable, or unwilling to fulfill his or her duties.
SB391-SSA1,60,2 23(33) "Standby guardian" means an individual designated by the court under
24s. 54.52 (2) whose appointment as guardian becomes effective immediately upon the
25death, resignation, or court's removal of the initially appointed guardian, or if the

1initially appointed guardian is temporarily or permanently unable, unavailable, or
2unwilling to fulfill his or her duties.
SB391-SSA1,60,3 3(34) "Successor conservator" means an individual appointed under s. 54.76 (9).
SB391-SSA1,60,4 4(35) "Successor guardian" means an individual appointed under s. 54.54.
SB391-SSA1,60,7 5(36) "Surviving spouse" means an individual who was married to the decedent
6at the time of the decedent's death. "Surviving spouse" does not include any of the
7following:
SB391-SSA1,60,128 (a) An individual who obtains or consents to a final decree or judgment of
9divorce from the decedent or an annulment of their marriage, if the decree or
10judgment is not recognized as valid in this state, unless the 2 subsequently
11participated in a marriage ceremony purporting to marry each other or they
12subsequently held themselves out as husband and wife.
SB391-SSA1,60,1513 (b) An individual who, following an invalid decree or judgment of divorce or
14annulment obtained by the decedent, participates in a marriage ceremony with a 3rd
15individual.
SB391-SSA1,60,1716 (c) An individual who was party to a valid proceeding concluded by an order
17purporting to terminate all property rights based on the marriage with the decedent.
SB391-SSA1,60,21 18(38) "Will" includes a codicil and any document incorporated by reference in a
19testamentary document under s. 853.32 (1) or (2). "Will" does not include a copy,
20unless the copy has been proven as a will under s. 856.17, but "will" does include a
21properly executed duplicate original.
SB391-SSA1,60,2322 subchapter II
23 appointment of guardian
SB391-SSA1,61,3
154.10 Appointment of guardian. (1) A court may appoint a guardian of the
2person or a guardian of the estate, or both, for an individual if the court determines
3that the individual is a minor.
SB391-SSA1,61,6 4(2) (a) A court may appoint a guardian of the estate for an individual if the court
5finds by clear and convincing evidence that the individual is aged at least 18 years
6and is a spendthrift.
SB391-SSA1,61,97 (b) In appointing a guardian of the estate under this subsection or determining
8what powers are appropriate for the guardian of the estate to exercise under s. 54.18
9or 54.20, the court shall consider all of the following:
SB391-SSA1,61,1010 1. The report of the guardian ad litem, as required in s. 54.40 (4).
SB391-SSA1,61,1311 2. The medical or psychological report provided under s. 54.36 (1) and any
12additional medical, psychological, or other evaluation ordered by the court under s.
1354.40 (4) (e) or offered by a party and received by the court.
SB391-SSA1,61,1714 3. Whether other reliable resources are available to provide for the individual's
15personal needs or property management, and whether appointment of a guardian of
16the estate is the least restrictive means to provide for the individual's need for a
17substitute decision maker.
SB391-SSA1,61,1918 4. The preferences, desires, and values of the individual with regard to personal
19needs or property management.
SB391-SSA1,61,2120 5. The nature and extent of the individual's care and treatment needs and
21property and financial affairs.
SB391-SSA1,61,2322 6. Whether the individual's situation places him or her at risk of abuse,
23exploitation, neglect, or violation of rights.
SB391-SSA1,61,2524 7. The extent of the demands placed on the individual by his or her personal
25needs and by the nature and extent of his or her property and financial affairs.
SB391-SSA1,62,2
18. Any mental disability, alcoholism, or other drug dependence of the individual
2and the prognosis of the mental disability, alcoholism, or other drug dependence.
SB391-SSA1,62,53 9. Whether the effect on the individual's evaluative capacity is likely to be
4temporary or long term, and whether the effect may be ameliorated by appropriate
5treatment.
SB391-SSA1,62,66 10. Other relevant evidence.
SB391-SSA1,62,117 (c) Before appointing a guardian of the estate under this subsection or
8determining what powers are appropriate for the guardian of the estate to exercise
9under s. 54.18 or 54.20, the court shall determine if additional medical,
10psychological, social, vocational, or educational evaluation is necessary for the court
11to make an informed decision respecting the individual.
SB391-SSA1,62,1612 (d) In appointing a guardian of the estate under this subsection, the court shall
13authorize the guardian of the estate to exercise only those powers under ss. 54.18 and
1454.20 that are necessary to provide for the individual's personal needs and property
15management and to exercise the powers in a manner that is appropriate to the
16individual and that constitutes the least restrictive form of intervention.
SB391-SSA1,62,19 17(3) (a) A court may appoint a guardian of the person or a guardian of the estate,
18or both, for an individual based on a finding that the individual is incompetent only
19if the court finds by clear and convincing evidence that all of the following are true:
SB391-SSA1,62,2020 1. The individual is aged at least 17 years and 9 months.
SB391-SSA1,62,2421 2. For purposes of appointment of a guardian of the person, because of an
22impairment, the individual is unable effectively to receive and evaluate information
23or to make or communicate decisions to such an extent that the individual is unable
24to meet the essential requirements for his or her physical health and safety.
SB391-SSA1,63,4
13. For purposes of appointment of a guardian of the estate, because of an
2impairment, the individual is unable effectively to receive and evaluate information
3or to make or communicate decisions related to management of his or her property
4or financial affairs, to the extent that any of the following applies:
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