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:
SB391-SSA1,63,55 a. The individual has property that will be dissipated in whole or in part.
SB391-SSA1,63,66 b. The individual is unable to provide for his or her support.
SB391-SSA1,63,77 c. The individual is unable to prevent financial exploitation.
SB391-SSA1,63,118 4. The individual's need for assistance in decision making or communication
9is unable to be met effectively and less restrictively through appropriate and
10reasonably available training, education, support services, health care, assistive
11devices, or other means that the individual will accept.
SB391-SSA1,63,1412 (b) Unless the proposed ward is unable to communicate decisions effectively in
13any way, the determination under par. (a) may not be based on mere old age,
14eccentricity, poor judgment, or physical disability.
SB391-SSA1,63,1815 (c) In appointing a guardian under this subsection, declaring incompetence to
16exercise a right under s. 54.25 (2) (c), or determining what powers are appropriate
17for the guardian to exercise under s. 54.18, 54.20, or 54.25 (2) (d), the court shall
18consider all of the following:
SB391-SSA1,63,1919 1. The report of the guardian ad litem, as required in s. 54.40 (4).
SB391-SSA1,63,2220 2. The medical or psychological report provided under s. 54.36 (1) and any
21additional medical, psychological, or other evaluation ordered by the court under s.
2254.40 (4) (e) or offered by a party and received by the court.
SB391-SSA1,64,223 3. Whether the proposed ward has engaged in any advance planning for
24financial and health care decision making that would avoid guardianship, including

1by executing a durable power of attorney under ch. 243, a power of attorney for health
2care, as defined in s. 155.01 (10), a trust, or a jointly held account.
SB391-SSA1,64,63 4. Whether other reliable resources are available to provide for the individual's
4personal needs or property management, and whether appointment of a guardian is
5the least restrictive means to provide for the individual's need for a substitute
6decision maker.
SB391-SSA1,64,87 5. The preferences, desires, and values of the individual with regard to personal
8needs or property management.
SB391-SSA1,64,109 6. The nature and extent of the individual's care and treatment needs and
10property and financial affairs.
SB391-SSA1,64,1211 7. Whether the individual's situation places him or her at risk of abuse,
12exploitation, neglect, or violation of rights.
SB391-SSA1,64,1413 8. Whether the individual can adequately understand and appreciate the
14nature and consequences of his or her impairment.
SB391-SSA1,64,1515 9. The individual's management of the activities of daily living.
SB391-SSA1,64,1816 10. The individual's understanding and appreciation of the nature and
17consequences of any inability he or she may have with regard to personal needs or
18property management.
SB391-SSA1,64,2019 11. The extent of the demands placed on the individual by his or her personal
20needs and by the nature and extent of his or her property and financial affairs.
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