AB785, s. 213
16Section
213. 880.331 (1) of the statutes is amended to read:
AB785,145,417
880.331
(1) Appointment. The court shall appoint a guardian ad litem
18whenever it is proposed that the court appoint a guardian on the ground of
1incompetency under s. 880.33,
protectively place a person provide protective
2placement to an individual or order protective services under
s. 55.06 ch. 55, review
3any protective placement or protective service order under s.
55.06 55.18, or
4terminate a protective placement under s.
55.06 55.17.
Note: Amends a cross-reference to reflect renumbering and amendment of ch. 55
in a provision in current law that requires the court to appoint a guardian ad litem in
incompetency cases.
AB785, s. 214
5Section
214. 880.331 (4) (am) and (ar) of the statutes are created to read:
AB785,145,76
880.331
(4) (am) Interview the proposed guardian and any other person
7seeking appointment as guardian.
AB785,145,98
(ar) Make a recommendation to the court regarding the fitness of the proposed
9guardian.
Note: Adds two items to the list of duties of a guardian ad litem in incompetency
cases: the duty to interview the proposed guardian and any other person seeking
appointment as a guardian and the duty to make a recommendation to the court
regarding the fitness of the proposed guardian.
AB785, s. 215
10Section
215. 880.331 (4) (dm), (dr) and (ds) of the statutes are created to read:
AB785,145,1211
880.331
(4) (dm) Inform the court and the petitioner or petitioner's counsel, if
12any, if the proposed ward requests representation by counsel.
AB785,145,1313
(dr) Attend all court proceedings related to the guardianship.
AB785,145,1714
(ds) Notify the guardian of the right to be present at and participate in the
15hearing, to present and cross-examine witnesses, to receive a copy of any evaluation
16under s. 55.11 (1) (intro.) or (2), and to secure and present a report on an independent
17evaluation under s. 880.33 (2) (b).
Note: Adds three items to the list of duties of a guardian ad litem in incompetency
cases: the duty to inform the court and the petitioner or his or her counsel if the proposed
ward requests representation by counsel; the duty to attend all court proceedings relating
to the guardianship; and the duty to notify the guardian of certain rights of the guardian.
AB785, s. 216
18Section
216. 880.331 (5) (intro.) of the statutes is amended to read:
AB785,146,3
1880.331
(5) Duties in protective services reviews. (intro.) In any review of
2a
protective placement under s. 55.06 or of a protective
service services order
made 3under s.
55.05 55.12, the guardian ad litem shall do all of the following:
Note: Amends cross-references to reflect renumbering and amendment of ch. 55
in a provision in current law that sets forth the duties of a guardian ad litem in
incompetency cases.
AB785, s. 217
4Section
217. 880.34 (6) of the statutes is repealed.
Note: Repeals provisions in current law pertaining to annual review of an order
authorizing a guardian to consent to forcible administration of psychotropic medications
to a ward under certain circumstances, to reflect that the bill creates a new annual review
procedure of that type of authorization in s. 55.19.
AB785, s. 218
5Section
218. 880.38 (1) of the statutes is amended to read:
AB785,146,176
880.38
(1) A guardian of the person of an incompetent, upon order of the court,
7may have custody of the
person ward, may receive all notices on behalf of the person
8ward, and may act in all proceedings as an advocate of the
person ward, but may not
9have the power to bind the ward or the ward's property, or to represent the ward in
10any legal proceedings pertaining to the property, unless the guardian of the person
11is also the guardian of the property. A guardian of the person of an incompetent or
12a temporary guardian of the person of an incompetent may not make a permanent
13protective placement of the ward unless ordered by a court under s.
55.06 55.12 but
14may admit a ward to certain residential facilities under s.
55.05 (5) 55.055 or make
15an emergency protective placement under s.
55.06 (11)
55.135. The guardian of the
16person
has the power to apply may petition for
protective placement under s.
55.06 1755.075 (1) and for commitment under s. 51.20 or 51.45 (13).
Note: Amends cross-references to reflect renumbering and amendment of ch. 55
in a provision of current law that sets forth the rights and duties of guardians.
AB785, s. 219
18Section
219. 880.38 (2) of the statutes is amended to read:
AB785,147,919
880.38
(2) A guardian of the person shall endeavor to secure necessary care,
20services
, or appropriate protective placement on behalf of the ward.
Subject to any
1limitation imposed by the court under s. 880.33 (8) (b), a guardian may consent,
2without further court involvement, to involuntary administration of medication,
3other than psychotropic medication, and involuntary medical treatment that is in
4the ward's best interest. A guardian may consent to involuntary administration of
5psychotropic medication only under a court order under s. 55.14 or s. 880.33 (4m) or
6(4r), 2003 stats. In determining whether medication, other than psychotropic
7medication, or medical treatment is in the ward's best interest, the guardian shall
8consider the invasiveness of the medication or treatment and the likely benefits and
9side effects of the medication or treatment.
Note: Authorizes a guardian to consent, without further court involvement, to
involuntary administration of medication, other than psychotropic medication, and
involuntary medical treatment that is in the ward's best interest. In determining
whether medication or medical treatment is in the ward's best interest, the guardian
shall consider the invasiveness of the medication or treatment and the likely benefits and
side effects of the medication or treatment. A guardian may not consent to involuntary
administration of psychotropic medication unless the guardian has been authorized to do
so under s. 55.14 (8).
AB785, s. 220
10Section
220. 880.38 (3) of the statutes is amended to read:
AB785,147,1911
880.38
(3) A guardian of the person of an incompetent appointed under s.
12880.33 shall make an annual report on the condition of the ward to the court that
13ordered the guardianship and to the county department designated under s. 55.02
14(2). That county department shall develop reporting requirements for the guardian
15of the person. The report shall include, but not be limited to, the location of the ward,
16the health condition of the ward, any recommendations regarding the ward
, and a
17statement of whether or not the ward is living in the least restrictive environment
18consistent with the needs of the ward.
The guardian may fulfill the requirement
19under this subsection by submitting the report required under s. 55.06 (10).
Note: Amends cross-references to reflect renumbering and amendment of ch. 55
in a provision of current law that requires a guardian to make an annual report on the
condition of the ward to the court and the county.
AB785, s. 221
1Section
221. 880.38 (4) of the statutes is created to read:
AB785,148,62
880.38
(4) (a) In this subsection, "protest" means make more than one
3discernible negative response, other than mere silence, to the offer of,
4recommendation for, or other proffering of voluntary receipt of psychotropic
5medication. "Protest" does not mean a discernible negative response to a proposed
6method of administration of the psychotropic medication.
AB785,148,117
(b) A guardian may, without court approval, give an informed consent to the
8voluntary receipt by the guardian's ward of medication, including any appropriate
9psychotropic medication, if the guardian has first made a good-faith attempt to
10discuss with the ward the voluntary receipt of the medication and if the ward does
11not protest.
Note: Creates a definition of "protest" and creates a provision under which a
guardian may provide informed consent to voluntary receipt of medication, including
psychotropic medication, by a ward.
AB785, s. 222
12Section
222. 940.285 (1) (a) of the statutes is renumbered 940.285 (1) (am).
AB785, s. 223
13Section
223. 940.285 (1) (b) of the statutes is renumbered 940.285 (1) (ag) and
14amended to read:
AB785,148,1615
940.285
(1) (ag) "
Infirmities of aging "
Degenerative brain disorder" has the
16meaning
specified in s. 55.01 (3) given in s. 55.01 (1v).
Note: Replaces the term "infirmities of aging" with the term "degenerative brain
disorder" and amends cross-references to reflect renumbering and amendment of ch. 55,
in the statute that establishes certain crimes related to the maltreatment of vulnerable
adults.
AB785, s. 224
17Section
224. 940.285 (1) (e) (intro.) of the statutes is amended to read:
AB785,148,2018
940.285
(1) (e) (intro.) "Vulnerable adult" means any person 18 years of age or
19older who either is a developmentally disabled person or has
infirmities of aging 20degenerative brain disorder, mental illness or other like incapacities and who is:
Note: Replaces the term "infirmities of aging" with the term "degenerative brain
disorder" and amends cross-references to reflect renumbering and amendment of ch. 55,
in the statute that establishes certain crimes related to the maltreatment of vulnerable
adults.
AB785, s. 225
1Section
225. 940.295 (1) (hm) of the statutes is renumbered 940.295 (1) (cg)
2and amended to read:
AB785,149,43
940.295
(1) (cg) "
Infirmities of aging Degenerative brain disorder" has the
4meaning given in s. 55.01
(3) (1v).
Note: Replaces the term "infirmities of aging" with the term "degenerative brain
disorder" and amends a cross-reference to reflect renumbering and amendment of ch. 55,
in the statute that establishes crimes related to the abuse and neglect of patients and
residents of certain facilities.
AB785, s. 226
5Section
226. 940.295 (1) (t) (intro.) of the statutes is amended to read:
AB785,149,86
940.295
(1) (t) (intro.) "Vulnerable person" means any person who either is a
7developmentally disabled person or has
infirmities of aging degenerative brain
8disorder, mental illness or other like incapacities and who is:
Note: Replaces the term "infirmities of aging" with the term "degenerative brain
disorder" in the statute that establishes crimes related to the abuse and neglect of
patients and residents of certain facilities.
AB785, s. 227
9Section
227. 971.14 (6) (b) of the statutes is amended to read:
AB785,150,710
971.14
(6) (b) When the court discharges a defendant from commitment under
11par. (a), it may order that the defendant be taken immediately into custody by a law
12enforcement official and promptly delivered to a facility specified in s. 51.15 (2), an
13approved public treatment facility under s. 51.45 (2) (c)
, or an appropriate medical
14or protective placement facility. Thereafter, detention of the defendant shall be
15governed by s. 51.15, 51.45 (11)
, or
55.06 (11) 55.135, as appropriate. The district
16attorney or corporation counsel may prepare a statement meeting the requirements
17of s. 51.15 (4) or (5), 51.45 (13) (a)
, or
55.06 (11) 55.135 based on the allegations of the
18criminal complaint and the evidence in the case. This statement shall be given to the
19director of the facility to which the defendant is delivered and filed with the branch
20of circuit court assigned to exercise criminal jurisdiction in the county in which the
1criminal charges are pending
, where it shall suffice, without corroboration by other
2petitioners, as a petition for commitment under s. 51.20
, or 51.45 (13) or
55.06 (2) a
3petition for protective placement under s. 55.075. This section does not restrict the
4power of the branch of circuit court in which the petition is filed to transfer the matter
5to the branch of circuit court assigned to exercise jurisdiction under ch. 51 in the
6county. Days spent in commitment or protective placement pursuant to a petition
7under this paragraph shall not be deemed days spent in custody under s. 973.155.
Note: Amends cross-references to reflect renumbering and amendment of ch. 55
in a provision of current law pertaining to detention of a criminal defendant found to be
incompetent.
AB785, s. 228
8Section
228. 977.05 (4) (i) 8. of the statutes is created to read:
AB785,150,109
977.05
(4) (i) 8. Cases involving individuals who are subject to petitions for
10protective placement under ch. 55.
Note: Requires the state public defender to provide legal services in cases
involving individuals who are subject to petitions for protective placement.
AB785,150,1812
(1)
Review of order; involuntary administration of psychotropic medication. 13For an individual who is subject to an order appointing a guardian under section
14880.33 (4m), 2003 stats., and to an order initially issued under section 880.33 (4r),
152003 stats., that is in effect on the effective date of this subsection, the county
16department of the individual's county of residence shall, no later than 9 months after
17the effective date of this subsection, review the individual's status under the
18requirements of section 55.19 of the statutes, as created by this act.
AB785,151,219
(2)
Transition; involuntary administration of psychotropic medication. 20Notwithstanding the treatment of sections 55.05 (2) (d) and 880.33 (4m) and (4r) of
21the statutes by this act, all orders issued under sections 55.05 (2) (d), 2003 stats., and
22880.33 (4m) and (4r), 2003 stats., in effect on the effective date of this subsection,
1remain in effect until modified or terminated by a court order under section 55.16,
255.17, or 55.19 of the statutes, as created by this act.
AB785,151,93
(3)
Transition; orders for protective placement and protective services. 4Notwithstanding the treatment of sections 55.05 and 55.06 of the statutes by this act,
5all orders issued under section 55.05 (2) (d), 2003 stats., or section 55.06 (9) (a) or (11)
6(c), 2003 stats., in effect on the effective date of this subsection, remain in effect until
7modified or terminated by a court order under section 55.16, 55.17, 55.18, or 55.19
8of the statutes, as created by this act or section 55.175 or 55.20 of the statutes, as
9affected by this act.
AB785,151,1410
(4)
Rules; involuntary administration of psychotropic medication. The
11department of health and family services shall submit in proposed form the rules
12required under section 50.02 (2) (ad) of the statutes, as created by this act, to the
13legislative council staff under section 227.15 (1) of the statutes no later than the first
14day of the 6th month beginning after the effective date of this subsection.
AB785,151,2416
(1)
Emergency protective services or emergency and temporary protective
17placement. The treatment of sections 46.011 (2), 46.10 (2), 46.279 (4) (e) and (5),
1849.001 (5m), 49.45 (30m) (b), 51.15 (5), 51.39, 51.40 (2) (a) 2., 51.42 (1) (b) and (3) (ar)
194. d., 51.437 (4) (c), 55.02 (2) (b) 4., 55.043 (4) (b), 55.05 (3), (4) (title), (a), (b), and (c),
20and (5) (c) 2. and 3., 55.06 (1) (intro.) and (d), (11) (a), (am), (ar), (b), (c), and (d), and
21(12), 55.13 (2) and (3), 55.135 (title), 165.85 (4) (b) 1d. b., 165.86 (2) (b), 301.01 (2)
22(intro.), 757.69 (1) (h), 880.38 (1), and 971.14 (6) (b) of the statutes first applies to
23emergency protective services provided and emergency and temporary protective
24placements made on the effective date of this subsection.
AB785,152,12
1(2)
Protective placement or protective services. The treatment of sections
246.10 (2), 46.275 (4) (b) 1., 46.279 (2), (4) (c), (d), and (e), 49.001 (8), 49.45 (30m) (b),
350.03 (5m) (c), 51.20 (1) (am), 51.39, 51.40 (2) (a) 1., 55.001, 55.01 (1d), (4g), (4t), (6),
4(6m), (6p), (6r), (6t), (6v), (6x), and (6y), 55.02, 55.03, 55.04 (title), (1), (2), (3), and (4),
555.045, 55.05 (3), and (5) (b) 2. and (c) 3., 55.055 (2), 55.06 (1) (intro.), (a), (b), (c), and
6(d), (2) (intro.), (a), (b), (c), and (d), (3) (a), (b), and (c), (4), (5), (5m), (6), (7), (8) (intro.),
7(a), (b), and (c), (9) (a), (11) (b) and (c), (15), (16), and (18), 55.075, 55.08, 55.09, 55.10,
855.11, 55.12, 609.65 (1) (intro.), 809.30 (1) (b) 5. and (3), 880.07 (2m), 880.33 (2) (a)
92., (3), and (7), 880.331 (1), and (5) (intro.), 971.14 (6) (b), and 977.05 (4) (i) 8. of the
10statutes, the renumbering and amendment of section 55.01 (4) of the statutes, and
11the creation of section 55.01 (4) (c) of the statutes first apply to petitions for protective
12placement or protective services brought on the effective date of this subsection.
AB785,152,1913
(3)
Diagnoses of serious and persistent mental illness. The treatment of
14sections 46.27 (6r) (b) 2., 49.43 (10v), 49.45 (6m) (i) 2. and (25) (am) 2., 51.01 (3g) and
15(3s), 51.20 (7) (d) 1. (intro.) and b., 51.35 (4m) (intro.), 51.40 (2) (intro.), 51.421 (1),
16(2), and (3) (c), 51.67 (intro.) and (2), 55.001, 55.01 (6r) and (6v), 55.06 (2) (c), and (11)
17(a), 55.08 (2) (b), 560.9811 (1) and (2), and 880.01 (7m) of the statutes first applies
18to diagnoses of serious and persistent mental illness made on the effective date of this
19subsection.
AB785,152,2520
(4)
Diagnoses of degenerative brain disorder. The treatment of sections
2146.286 (1) (intro.) and (3) (a) (intro.), 46.90 (1) (c) and (d), 51.01 (2g) (b), (3g), and (5)
22(a), 55.001, 55.01 (1v), (2), (3), and (6r), 55.06 (2) (c) and (11) (a), 55.08 (2) (b), 880.01
23(2), (4), (5), and (7m), 940.285 (1) (a), (b), and (e) (intro.), and 940.295 (1) (hm) and
24(t) (intro.) of the statutes first applies to diagnoses of degenerative brain disorder
25made on the effective date of this subsection.
AB785,153,3
1(5)
Request for voluntary protective services. The treatment of sections
255.05 (title), (2) (intro.), (a), (b), and (c), and (3) of the statutes first applies to a
3request made on the effective date of this subsection.
AB785,153,74
(6)
Admissions. The treatment of sections 46.10 (2), 51.10 (4m) (a) (intro.), 51.10
5(8), 51.39, 55.05 (5) (title), (a), (b) 1. and 2., (c) (intro.), 1., 2., and 3. and (d), 55.055
6(1) (c) and (d) and (2), 55.06 (1) (d) and (12), and 880.38 (1) of the statutes first applies
7to admissions made on the effective date of this subsection.
AB785,153,138
(7)
Involuntary administration of psychotropic medication. The treatment
9of sections 55.05 (2) (d), 55.09 (3), 55.10 (4) (a), 55.14, 55.16 (2) (c) 2., 55.17 (4) (b),
1055.18 (1) (bm), 609.65 (1) (intro.), 880.01 (7m) and (8m), 880.07 (1m), 880.33 (1), (2)
11(a) 1. and 2., (d), (e), and (f), (4m), and (4r), 880.34 (6), and 880.38 (2) of the statutes
12first applies to a petition for the involuntary administration of psychotropic
13medication brought on the effective date of this subsection.
AB785,153,1814
(8)
Annual review of order for protective placements. The treatment of
15sections 46.279 (2), (3), and (4) (d), 49.45 (30m) (c) 2., 55.02 (2) (b) 3., 55.06 (4) and
16(10) (a) 1. and 2., 55.18, 609.65 (1) (intro.), 808.075 (4) (c) 1., 851.72 (11), 880.331 (1)
17and (5) (intro.), and 880.38 (3) of the statutes first applies to a review conducted on
18the effective date of this subsection.
AB785,153,2219
(9)
Protective placement transfer. The treatment of sections 20.435 (2) (gk),
2051.39, 55.06 (9) (b), (c), (d), and (e), 55.15, and 808.075 (4) (c) 2. of the statutes first
21applies to a transfer of an individual under a protective placement order made on the
22effective date of this subsection.
AB785,154,223
(10)
Modification of orders for protective placement or protective services. 24The treatment of sections 55.16 and 808.075 (4) (c) 1. of the statutes first applies to
1a petition for modification of an order for protective placement or protective services
2brought on the effective date of this subsection.
AB785,154,73
(11)
Termination of protective placements or protective services. The
4treatment of sections 55.06 (10) (b) and (c) and (14), 55.17, 808.075 (4) (c) 1., and
5880.331 (1) of the statutes first applies to a petition for termination of an order for
6protective placement or protective services brought on the effective date of this
7subsection.
AB785,154,128
(12)
Petitions for guardianship. The treatment of sections 880.07 (1m) and
9(2m), 880.08 (1), 880.24 (3) (a) and (b), 880.33 (2) (a) 1. and 2., (d), (e), and (f), (3), (4m),
10(4r), (6), and (7), 880.331 (4) (am), (ar), (dm), (dr), and (ds), 880.34 (6), and 880.38 (1),
11(2), (3), and (4) of the statutes first applies to petitions for guardianship made on the
12effective date of this subsection.
AB785,154,1513
(13)
Admissions of incapacitated individuals. The treatment of section 50.06
14(2) (c) and (d) of the statutes first applies to an admission of an incapacitated
15individual made on the effective date of this subsection.
AB785,154,2016
(14)
Investigations by county protective services agencies. The treatment
17of sections 55.043 (1) (a) (intro.), 1., and 3. and (b) 1. and 2. a. and b. and (4) (a) and
18(b) and 813.123 (4) (a) (intro.) and 2., (5) (a) (intro.) and 3. b., (6) (c), (7), and (11) of
19the statutes first applies to conduct of an investigation made on the effective date of
20this subsection.
AB785,154,2421
(15)
Records. The treatment of sections 46.21 (2m) (c), 46.215 (1m), 46.22 (1)
22(dm), 46.23 (3) (e), 46.283 (7) (b), 46.284 (7) (b), 51.42 (3) (e), 51.437 (4r) (b), 55.06 (17),
2355.22 (title), 767.24 (7) (b), and 880.33 (6) of the statutes first applies to a record made
24on the effective date of this subsection.