For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
46.977 (1) (intro.) and (a) of the statutes are consolidated, 2
renumbered 46.977 (1) and amended to read:
46.977 (1) Definitions Definition.
In this section
: (a) “Guardian", “guardian” 4
has the meaning given in s. 54.01 (10).
46.977 (1) (b) of the statutes is renumbered 46.977 (2) (ag) and 6
amended to read:
(ag) “Organization" In this subsection, “organization”
means a 8
private, nonprofit agency or a county department under s. 46.215, 46.22, 46.23, 51.42 9
46.977 (2) (a) of the statutes is renumbered 46.977 (2) (am).
46.977 (2) (b) (intro.) of the statutes is amended to read:
(b) (intro.) Organizations awarded grants under par. (a) (am)
do all of the following:
46.977 (2) (c) of the statutes is amended to read:
(c) In reviewing applications for grants
under par. (am)
, the 3
department shall consider the extent to which the proposed program will effectively 4
train and assist guardians for individuals found incompetent under ch. 54.
46.977 (3) of the statutes is created to read:
46.977 (3) Grant for initial training.
(a) From the appropriation under s. 7
20.435 (1) (cg), the department shall award a grant to develop, administer, and 8
conduct the guardian training required under s. 54.26.
(b) The department shall require the grantee to have expertise in state 10
guardianship law, experience with technical assistance and support to guardians 11
and wards, and knowledge of common challenges and questions encountered by 12
guardians and wards.
(c) The grantee selected to develop training that meets the requirements under 14
s. 54.26 (1) shall develop plain language, web-based online training modules using 15
adult-learning design principles that can be accessed for free by training topic and 16
in formats that maximize accessibility, with printed versions available for free upon 17
54.15 (8) (a) (intro.) of the statutes is amended to read:
(a) (intro.) At least 96 hours before the hearing under s. 54.44, the 20
proposed guardian shall submit to the court a
all of the following:
sworn and notarized statement as to whether any of the following is true:
54.15 (8) (a) 1. to 4. of the statutes are renumbered 54.15 (8) (a) 1m. 23
a. to d.
54.15 (8) (a) 2m. of the statutes is created to read:
(a) 2m. A sworn and notarized statement that the proposed guardian 2
has completed the training requirements under s. 54.26 (1).
54.15 (8) (b) of the statutes is amended to read:
(b) If par. (a) 1., 2., 3., or 4. 1m. a., b., c., or d.
applies to the proposed 5
guardian, he or she shall include in the sworn and notarized statement a description 6
of the circumstances surrounding the applicable event under par. (a)
1., 2., 3., or 4. 71m. a., b., c., or d.
54.26 of the statutes is created to read:
954.26 Guardian training requirements. (1) Required training topics.
Every guardian of the person shall complete web-based, online training on all of the 11
1. The duties and required responsibilities of a guardian under the law and 13
limits of a guardian's decision-making authority.
2. Alternatives to guardianship, including supported decision-making 15
agreements and powers of attorney.
3. Rights retained by a ward.
4. Best practices for a guardian to solicit and understand the wishes and 18
preferences of a ward, involving a ward in decision making, and taking a ward's 19
wishes and preferences into account in decisions made by the guardian.
5. Restoration of a ward's rights and the process for removal of guardianship.
6. Future planning and identification of a potential standby or successor 22
7. Resources and technical support for guardians.
(b) Every guardian of the estate shall complete training on all of the following 25
1. The duties and required responsibilities of a guardian under the law and 2
limits of a guardian's decision-making authority.
2. Inventory and accounting requirements.
4(2) Initial training requirements.
(a) Before the final hearing for a permanent 5
guardianship, any person nominated for appointment or seeking appointment as a 6
guardian of the person is required to receive the training required under sub. (1) (a).
(b) Before the final hearing for permanent guardianship, any person 8
nominated for appointment or seeking appointment as a guardian of the estate is 9
required to receive at least the training required under sub. (1) (b).
(c) A guardian under s. 54.15 (7) who is regulated by the department is exempt 11
from pars. (a) and (b).
(d) A volunteer guardian who has completed the training requirements under 13
sub. (1) is exempt from pars. (a) and (b) with regard to subsequent wards.
(1) The entity selected under s. 46.977 to administer and conduct training shall, 16
no later than one year after the effective date of this subsection and in coordination 17
with the department of health services, develop the content for the initial training 18
to be provided to guardians under s. 54.26, and implement the program no later than 19
18 months after the effective date of this subsection.
(1) Guardian training.
In the schedule under s. 20.005 (3) for the appropriation 22
to the department of health services under s. 20.435 (1) (cg), the dollar amount for 23
fiscal year 2019-20 is increased by $135,750 to fund a guardian training grant under 24
s. 46.977 (3). In the schedule under s. 20.005 (3) for the appropriation to the 25
department of health services under s. 20.435 (1) (cg), the dollar amount for fiscal
year 2020-21 is increased by $126,325 to fund a guardian training grant under s. 2
The treatment of s. 54.26 (1) first applies to petitions for guardianship filed 5
on the first day of the 13th month beginning after the date of passage by the 2nd 6
house of the legislature.