Wisconsin Legislature: Chapter DHS 85

Chapter DHS 85

NON-PROFIT CORPORATIONS AND UNINCORPORATED ASSOCIATIONS AS GUARDIANS

Subchapter I — General Provisions

DHS 85.01 Purpose and authority.

DHS 85.02 Applicability.

DHS 85.03 Definitions.

DHS 85.04 Waivers and variances.

Subchapter II — Approvals

DHS 85.05 Application.

DHS 85.06 Criteria for approval.

DHS 85.07 Change of ownership.

DHS 85.08 Corporate guardian closing.

Subchapter III — Personnel

DHS 85.09 Staff.

DHS 85.10 Training.

DHS 85.11 Staffing.

DHS 85.12 Conflict of interest.

Subchapter IV — Ward Services

DHS 85.13 Rights of wards.

DHS 85.14 Duties.

DHS 85.15 Records.

Subchapter V — Withdrawal of Approval

DHS 85.16 Actions affecting approval.

DHS 85.17 Appeal of decisions.

Note: This chapter replaced ch. PW 65. Chapter HSS 85 was renumbered chapter HFS 85 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, February, 2000, No. 530. Chapter HFS 85 was renumbered chapter DHS 85 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. Chapter DHS 85 as it existed on May 31, 2010, was repealed and a new chapter DHS 85 was created, Register May 2010 No. 653, effective June 1, 2010.

Subchapter I — General Provisions

DHS 85.01 Purpose and authority. This chapter is promulgated under the authority of ss. 54.15 (7) and 227.11 (2) (a), Stats., to establish the criteria by which the department determines whether a private nonprofit corporation organized under ch. 181, 187, or 188, Stats., or an unincorporated association is suitable to perform the duties of a guardian of the person, or of the estate, or both, of a proposed ward.

History: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10.

DHS 85.02 Applicability. This rule applies to private non-profit corporations or unincorporated associations applying to the department for consideration of suitability to perform the duties of guardian of a person or of an estate, or both, of a proposed ward.

History: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10.

DHS 85.03 Definitions. As used in this chapter:

(1) “Applicant” means a private nonprofit corporation or an unincorporated association that applies to the department for a finding of suitability to perform the duties of a corporate guardian.

(2) “Corporate guardian” or “guardian” means a private nonprofit corporation or an unincorporated association appointed by a court to serve as guardian of the person, or of the estate, or both, of an individual who is found by a court to be in need of a guardian.

(3) “Department” means the Wisconsin department of health services.

(4) “Guardian of the estate” has the meaning given under s. 54.01 (11), Stats.

(5) “Guardian of the person” has the meaning given under s. 54.01 (12), Stats.

(6) “Guardianship program” means a system that is established by a corporate guardian to manage the income and assets and provide for the essential requirements for health and safety and the personal needs of its wards under ch. 54, Stats.

(7) “Guardianship program manager” means an employee designated by a corporate guardian, who is responsible for the management and day–to-day operation of the guardianship program.

(8) “Guardian representative” means an individual assigned by a guardian to perform the functions of the guardian of the person under s. 54.25 (1) and (2), Stats., or of the estate under ss. 54.19 and 54.20, Stats., or both, of a ward.

(9) “Successor guardian” has the meaning given in s. 54.01 (35), Stats.

(10) “Unincorporated association” is an organization organized under ch. 184, Stats.

(11) “Ward” has the meaning given under s. 54.01 (37), Stats.

History: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10; reprinted to correct error Register June 2010 No. 654.

DHS 85.04 Waivers and variances.

(1) Definitions. In this section:

(a) “Variance” means the granting of an alternate requirement in place of a requirement of this chapter.

(b) “Waiver” means the granting of an exemption from a requirement of this chapter.

(2) Requirements for waivers and variances. The department may grant a waiver or variance of a requirement of this chapter to the corporate guardian if the department finds that the waiver or variance will not adversely affect the health, safety, or welfare of any ward and meet any of the following conditions:

(a) Strict enforcement of a requirement would result in unreasonable hardship on the ward.

(b) An alternative to a requirement, including a new concept, method, procedure or technique, other equipment, other personnel qualifications, or the conducting of a pilot project, is in the interests of better care or management.

(3) Applying for a waiver or variance. A corporate guardian may apply for a waiver or variance at any time. Each request shall be made in writing to the department and include all of the following:

(a) The rule provision from which the waiver or variance is requested.

(b) The time period for which the waiver or variance is requested.

(d) The reasons for the request.

(e) Justification that a requirement under sub. (2) would be satisfied.

(f) Any other information requested by the department.