LRB-2596/1
SWB:kjf&amn
2019 - 2020 LEGISLATURE
January 29, 2020 - Introduced by Senators Jacque, Bernier, Bewley, Carpenter,
Johnson, Olsen, Schachtner, L. Taylor, Testin, Wanggaard, Wirch and
Tiffany, cosponsored by Representatives Zimmerman, Rohrkaste, Anderson,
Bowen, Dittrich, Edming, Fields, Knodl, Murphy, B. Meyers, Neubauer,
Novak, Ohnstad, Pope, Rodriguez, Schraa, Shankland, Sinicki, Spiros,
Spreitzer, C. Taylor, Vruwink, Doyle, Goyke, James, Stubbs, Kulp and
Subeck. Referred to Committee on Universities, Technical Colleges, Children
and Families.
SB734,1,6 1An Act to renumber 46.977 (2) (a) and 54.15 (8) (a) 1. to 4.; to renumber and
2amend
46.977 (1) (b); to consolidate, renumber and amend 46.977 (1)
3(intro.) and (a); to amend 46.977 (2) (b) (intro.), 46.977 (2) (c), 54.15 (8) (a)
4(intro.) and 54.15 (8) (b); and to create 46.977 (3), 54.15 (8) (a) 2m. and 54.26
5of the statutes; relating to: guardian training requirements and making an
6appropriation.
Analysis by the Legislative Reference Bureau
This bill establishes mandatory initial training requirements for guardians.
Under the bill, every guardian of the person must complete training on all of the
following topics: 1) the duties and required responsibilities of a guardian under the
law and limits of a guardian's decision-making authority; 2) alternatives to
guardianship, including supported decision-making and powers of attorney; 3)
rights retained by a ward; 4) best practices for a guardian to solicit and understand
the wishes and preferences of a ward, involving a ward in decision-making, and
taking a ward's 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 guardian; and 7) resources and technical support for guardians. The bill
also requires that every guardian of the estate must complete training on the duties
and required responsibilities of a guardian under the law and limits of a guardian's

decision-making authority and inventory and accounting requirements. The bill
provides limited exemptions for certain corporate and volunteer guardians.
Under the bill, a proposed guardian of the person or the estate must submit, as
part of the guardianship case, a sworn and notarized statement to the court that the
person has completed the training requirements.
The bill requires the Department of Health Services to award a grant to
administer and conduct the required guardian training. DHS must require, in the
request for proposal, that the grantee have expertise in state guardianship law,
experience with technical assistance and support to guardians and wards, and
knowledge of common challenges and questions encountered by guardians and
wards. In addition, the grantee selected to develop training shall develop plain
language, web-based online training modules using adult-learning design
principles that can be accessed for free by training topic and in formats that
maximize accessibility, with printed versions available for free upon request.
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:
SB734,1 1Section 1 . 46.977 (1) (intro.) and (a) of the statutes are consolidated,
2renumbered 46.977 (1) and amended to read:
SB734,2,43 46.977 (1) Definitions Definition. In this section : (a) “Guardian", “guardian”
4has the meaning given in s. 54.01 (10).
SB734,2 5Section 2 . 46.977 (1) (b) of the statutes is renumbered 46.977 (2) (ag) and
6amended to read:
SB734,2,97 46.977 (2) (ag) “Organization" In this subsection, “organization” means a
8private, nonprofit agency or a county department under s. 46.215, 46.22, 46.23, 51.42
9or 51.437.
SB734,3 10Section 3 . 46.977 (2) (a) of the statutes is renumbered 46.977 (2) (am).
SB734,4 11Section 4 . 46.977 (2) (b) (intro.) of the statutes is amended to read:
SB734,2,1312 46.977 (2) (b) (intro.) Organizations awarded grants under par. (a) (am) shall
13do all of the following:
SB734,5
1Section 5. 46.977 (2) (c) of the statutes is amended to read:
SB734,3,42 46.977 (2) (c) In reviewing applications for grants under par. (am), the
3department shall consider the extent to which the proposed program will effectively
4train and assist guardians for individuals found incompetent under ch. 54.
SB734,6 5Section 6 . 46.977 (3) of the statutes is created to read:
SB734,3,86 46.977 (3) Grant for initial training. (a) From the appropriation under s.
720.435 (1) (cg), the department shall award a grant to develop, administer, and
8conduct the guardian training required under s. 54.26.
SB734,3,129 (b) The department shall require the grantee to have expertise in state
10guardianship law, experience with technical assistance and support to guardians
11and wards, and knowledge of common challenges and questions encountered by
12guardians and wards.
SB734,3,1713 (c) The grantee selected to develop training that meets the requirements under
14s. 54.26 (1) shall develop plain language, web-based online training modules using
15adult-learning design principles that can be accessed for free by training topic and
16in formats that maximize accessibility, with printed versions available for free upon
17request.
SB734,7 18Section 7 . 54.15 (8) (a) (intro.) of the statutes is amended to read:
SB734,3,2019 54.15 (8) (a) (intro.) At least 96 hours before the hearing under s. 54.44, the
20proposed guardian shall submit to the court a all of the following:
SB734,3,21 211m. A sworn and notarized statement as to whether any of the following is true:
SB734,8 22Section 8 . 54.15 (8) (a) 1. to 4. of the statutes are renumbered 54.15 (8) (a) 1m.
23a. to d.
SB734,9 24Section 9 . 54.15 (8) (a) 2m. of the statutes is created to read:
SB734,4,2
154.15 (8) (a) 2m. A sworn and notarized statement that the proposed guardian
2has completed the training requirements under s. 54.26 (1).
SB734,10 3Section 10 . 54.15 (8) (b) of the statutes is amended to read:
SB734,4,74 54.15 (8) (b) If par. (a) 1., 2., 3., or 4. 1m. a., b., c., or d. applies to the proposed
5guardian, he or she shall include in the sworn and notarized statement a description
6of the circumstances surrounding the applicable event under par. (a) 1., 2., 3., or 4.
71m. a., b., c., or d.
SB734,11 8Section 11. 54.26 of the statutes is created to read:
SB734,4,11 954.26 Guardian training requirements. (1) Required training topics. (a)
10Every guardian of the person shall complete web-based, online training on all of the
11following topics:
SB734,4,1312 1. The duties and required responsibilities of a guardian under the law and
13limits of a guardian's decision-making authority.
SB734,4,1514 2. Alternatives to guardianship, including supported decision-making
15agreements and powers of attorney.
SB734,4,1616 3. Rights retained by a ward.
SB734,4,1917 4. Best practices for a guardian to solicit and understand the wishes and
18preferences of a ward, involving a ward in decision making, and taking a ward's
19wishes and preferences into account in decisions made by the guardian.
SB734,4,2020 5. Restoration of a ward's rights and the process for removal of guardianship.
SB734,4,2221 6. Future planning and identification of a potential standby or successor
22guardian.
SB734,4,2323 7. Resources and technical support for guardians.
SB734,4,2524 (b) Every guardian of the estate shall complete training on all of the following
25topics:
SB734,5,2
11. The duties and required responsibilities of a guardian under the law and
2limits of a guardian's decision-making authority.
SB734,5,33 2. Inventory and accounting requirements.
SB734,5,6 4(2) Initial training requirements. (a) Before the final hearing for a permanent
5guardianship, any person nominated for appointment or seeking appointment as a
6guardian of the person is required to receive the training required under sub. (1) (a).
SB734,5,97 (b) Before the final hearing for permanent guardianship, any person
8nominated for appointment or seeking appointment as a guardian of the estate is
9required to receive at least the training required under sub. (1) (b).
SB734,5,1110 (c) A guardian under s. 54.15 (7) who is regulated by the department is exempt
11from pars. (a) and (b).
SB734,5,1312 (d) A volunteer guardian who has completed the training requirements under
13sub. (1) is exempt from pars. (a) and (b) with regard to subsequent wards.
SB734,12 14Section 12. Nonstatutory provisions.
SB734,5,1915 (1) The entity selected under s. 46.977 to administer and conduct training shall,
16no later than one year after the effective date of this subsection and in coordination
17with the department of health services, develop the content for the initial training
18to be provided to guardians under s. 54.26, and implement the program no later than
1918 months after the effective date of this subsection.
SB734,13 20Section 13 . Fiscal changes.
SB734,6,221 (1) Guardian training. In the schedule under s. 20.005 (3) for the appropriation
22to the department of health services under s. 20.435 (1) (cg), the dollar amount for
23fiscal year 2019-20 is increased by $135,750 to fund a guardian training grant under
24s. 46.977 (3). In the schedule under s. 20.005 (3) for the appropriation to the
25department of health services under s. 20.435 (1) (cg), the dollar amount for fiscal

1year 2020-21 is increased by $126,325 to fund a guardian training grant under s.
246.977 (3).
SB734,14 3Section 14 . Initial applicability.
SB734,6,64 (1) The treatment of s. 54.26 (1) first applies to petitions for guardianship filed
5on the first day of the 13th month beginning after the date of passage by the 2nd
6house of the legislature.
SB734,6,77 (End)
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