DHS 85.10 DHS 85.10 Training.
DHS 85.10(1)(1)Initial training. Before performing the duties of a guardian, each guardian representative shall receive training that includes all of the following:
DHS 85.10(1)(a) (a) Job responsibilities.
DHS 85.10(1)(b) (b) Prevention and reporting of ward abuse, neglect and misappropriation of ward property.
DHS 85.10(1)(c) (c) Ward's rights and grievance procedures contained in chs. 54 and 55, Stats., s. DHS 85.13, and ch. DHS 94.
DHS 85.10(1)(d) (d) Information regarding the needs and services for each ward for whom the guardian representative is responsible.
DHS 85.10(1)(e) (e) Information about local resources available to meet the needs of wards.
DHS 85.10(1)(f) (f) Agency policies and procedures.
DHS 85.10(2) (2)Continuing education. Each guardian representative shall complete 20 hours of training every 24 calendar months. The training shall be relevant to the guardian representative's job assignment and designed to increase the effectiveness of the employee to meet the needs of the wards served.
DHS 85.10 History History: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10.
DHS 85.11 DHS 85.11 Staffing.
DHS 85.11(1)(1)The guardian shall at all times have an adequate number of staff who are qualified either by training or by experience to meet the needs of its wards, including knowledge of service needs and resources for meeting service needs.
DHS 85.11(2) (2)The guardian representative shall be accessible to the ward and to other persons concerned about the ward's well-being.
DHS 85.11(3) (3)The corporate guardian shall have staff available at all times to respond to an emergency situation as defined in s. DHS 94.02 (14).
DHS 85.11(4) (4)The corporate guardian shall have staff accessible to the local planning agency or interagency mechanism designated under s. 55.02, Stats.
DHS 85.11 History History: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10.
DHS 85.12 DHS 85.12 Conflict of interest.
DHS 85.12(1)(1)The corporate guardian may not be subject to undue influence from any party.
DHS 85.12(2) (2)When the corporate guardian is a part of a larger organization, the corporate guardian shall have designated staff with independent decision-making authority about the guardianship program.
DHS 85.12(3) (3)Pursuant to s. 55.03 (1), Stats., a guardian may not be a provider of protective services or protective placement for its ward.
DHS 85.12(4) (4)No corporate guardian may accept a guardianship from a court in a county in which a member of the corporate guardian's board of directors or any employee or volunteer of the corporate guardian is a member or employee of the community board organized under s. 46.23, 51.42 or 51.437, Stats., or an employee of the county department of social services or human services or community programs or county board of supervisors or department of aging or a county court commissioner who hears petitions for guardianship or a member of a medicaid managed care organization.
DHS 85.12(5) (5)A corporate guardian may not profit from their ward.
DHS 85.12(6) (6)The guardian may not commingle personal or corporate funds with the funds of the ward. The guardian may consolidate and maintain wards' funds in accounts with other wards' funds if the guardian keeps separate and complete accounting of each ward's funds.
DHS 85.12(7) (7)Pursuant to s. 54.18 (3) (b), Stats., the corporate guardian may not lend funds of the ward to another individual or to an entity, unless the court first approves the terms, rate of interest, and any requirement for security.
DHS 85.12(8) (8)The corporate guardian may not engage in any financial transaction involving the ward's estate except as permitted under ch. 54, Stats., and this chapter.
DHS 85.12 History History: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10.
subch. IV of ch. DHS 85 Subchapter IV — Ward Services
DHS 85.13 DHS 85.13 Rights of wards.
DHS 85.13(1)(1)Wards' rights. Every ward shall have the right to all of the following in relation to the corporate guardian:
DHS 85.13(1)(a) (a) Be treated with respect and dignity by the staff and volunteers of the corporate guardian.
DHS 85.13(1)(b) (b) Be free from abuse, mistreatment, neglect and misappropriation of property.
DHS 85.13(1)(c) (c) Confidentiality of health and personal information and records, except to the extent the corporate guardian may be authorized under the guardianship order to give informed consent to disclosure.
DHS 85.13(1)(d) (d) Be informed of the services provided by the corporate guardian agency.
DHS 85.13(1)(e) (e) Be consulted about decisions on the ward's behalf, to the extent the ward is capable.
DHS 85.13(1)(f) (f) Have guardianship services provided in a way that is least restrictive as defined in s. 54.01 (18), Stats.
DHS 85.13(1)(g) (g) Communicate freely with the advocates of the ward's choice.
DHS 85.13(1)(h) (h) File a grievance or a complaint without retaliation.
DHS 85.13(2) (2)Complaints. Any person may file a complaint with a corporate guardian or the department regarding the operation of a corporate guardian. The department may investigate a corporate guardian as it deems necessary.
DHS 85.13 Note Note: A complaint may be filed by writing the Division of Quality Assurance, P.O. Box 2969, Madison, Wisconsin 53701-2969 or by calling the department's toll-free complaint line at 1-800-642-6552 or by filing a complaint at http://dhfs.wisconsin.gov/bqaconsumer/HealthCareComplaints.htm.
DHS 85.13 History History: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10.
DHS 85.14 DHS 85.14 Duties.
DHS 85.14(1)(1)The guardian representative shall meet with the ward within 14 days of the court appointment as corporate guardian. At the first meeting, the guardian representative shall complete all of the following:
DHS 85.14(1)(a) (a) Explain to the ward the role of the guardian.
DHS 85.14(1)(b) (b) Explain the guardianship determination and order including the rights addressed by the court. The guardian representative shall be familiar with the provisions of the court order as they relate to limitations on the rights of the ward and those rights which are retained. The guardian representative shall explain to the ward the provisions of the court order as they relate to limitations on the rights of the ward and those rights which are retained.
DHS 85.14(1)(c) (c) Explain the applicable rights of the ward contained in ss. 54.18 (1), 54.25 (2), 54.42 and 55.10 (4), Stats., s. DHS 85.13 and the rules of the residence.
DHS 85.14(1)(d) (d) Explain how to file a grievance and how to obtain a written copy of the grievance procedures for the living arrangement or for a service provider and the guardianship program.
DHS 85.14(1)(e) (e) Explain how to file a complaint with the department and provide the ward with the department's toll-free complaint telephone number and the address and telephone number of the department's division of quality assurance.
DHS 85.14 Note Note: A complaint may be filed by writing the Division of Quality Assurance, P.O. Box 2969, Madison, Wisconsin 53701-2969 or by calling the department's toll-free complaint line at 1-800-642-6552 or by filing a complaint at http://dhfs.wisconsin.gov/bqaconsumer/HealthCareComplaints.htm.
DHS 85.14(2) (2)The guardian representative shall notify relevant agencies and individuals of the appointment guardianship and shall provide letters of guardianship to the ward's service providers and others, as necessary.
DHS 85.14(3) (3)If a medical evaluation was not completed within the past year, the guardian shall obtain an evaluation of the ward's condition, treatment, and functional status from the ward's treating physician, or appropriate treatment provider.
DHS 85.14(4) (4)The guardian representative shall fulfill the duties of a guardian of person pursuant to ss. 54.18 (2) and (3) and 54.25 (1), Stats. The guardian representative shall fulfill the powers assigned by the court and shall exercise only those powers granted to the guardian representative by the court pursuant to s. 54.25 (2), Stats. A guardian representative shall be aware of and, if applicable, advocate for the ward's rights under ss. 50.09 and 51.61, Stats., and shall advocate for the least possible restrictions on the ward's liberty and exercise of constitutional and statutory rights, pursuant to ss. 54.18 (2) and 54.25 (2) (d) 3., Stats.
DHS 85.14(5) (5)A guardian representative of the estate shall fulfill the duties of a guardian of the estate pursuant to ss. 54.18 (2) and (3), 54.19, and 54.20 (1), Stats. A guardian representative shall fulfill the powers assigned by the court pursuant to s. 54.20, Stats., and shall seek court approval for those powers requiring court approval pursuant to s. 54.20 (2), Stats. In seeking compensation or reimbursement from the ward's funds, a guardian representative shall ensure that any payments sought or received will not prevent the corporate guardian from providing adequately for the personal needs of the ward from the ward's available assets and income, including any available public benefits.
DHS 85.14(6) (6)A corporate guardian shall obtain court approval prior to receiving any compensation or reimbursement from the wards funds, pursuant to s. 54.72, Stats. In seeking compensation or reimbursement from the ward's funds, a corporate guardian must ensure that any payments sought or received will not prevent the corporate guardian from providing adequately for the personal needs of the ward from the ward's available assets and income, including any available public benefits.
DHS 85.14(7) (7)For a guardian of person, the guardian representative shall have face-to-face contact with the ward at least once every 3 months and more often as needed to meet the needs of the ward. The guardian representative shall take necessary action to see that the ward receives needed services, and to assure that the ward is well treated, properly cared for, and provided with the opportunity to exercise legal rights. The guardian representative shall visit the ward in their residence at least annually.
DHS 85.14(8) (8)For guardian of estate, the guardian representative shall have personal contact every 3 months and more often as needed to meet the needs of the ward. The guardian representative shall take necessary action to see that the ward receives needed services, and to assure that the ward is well treated, properly cared for, and provided with the opportunity to exercise legal rights. The guardian representative shall have face-to-face contact with the ward at least annually.
DHS 85.14 History History: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register July 2015 No. 715.
DHS 85.15 DHS 85.15 Records.
DHS 85.15(1)(1)The corporate guardian shall maintain a separate file for each ward including all of the following information and documents as applicable:
DHS 85.15(1)(a) (a) Name, date of birth, address, telephone number, and social security number. Guardians of person shall also maintain information regarding the ward's medical coverage, physician, diagnoses, medications, and allergies to medications.
DHS 85.15(1)(b) (b) A current photograph of the ward.
DHS 85.15(1)(c) (c) All relevant legal documents involving the ward.
DHS 85.15(1)(d) (d) Advance directives.
DHS 85.15(1)(e) (e) A list of key contacts.
DHS 85.15(1)(f) (f) A list of service providers, contact information, a description of services provided to the ward and progress reports as applicable.
DHS 85.15(1)(g) (g) Documentation of all ward and collateral contacts, including the date, time, and activity.
DHS 85.15(1)(h) (h) Progress notes that are as detailed as necessary to reflect contacts made and work done regarding the ward.
DHS 85.15(1)(i) (i) A guardianship inventory, accounts and annual reports as required by statute, including all supporting financial statements, records and financial reports.
DHS 85.15(1)(j) (j) Assessments regarding the ward's past and present medical, psychological, and social functioning, including relevant family medical information.
DHS 85.15(1)(k) (k) Documentation of the ward's known values, preferences, and wishes regarding medical and other care and services including all advanced directives made prior to guardianship, and financial matters and other services.
DHS 85.15(1)(L) (L) A personal and social history of the ward including a family history.
DHS 85.15(2) (2)If guardianship is transferred, the corporate guardian shall transfer the original record required in this section to the successor guardian.
DHS 85.15 History History: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10.
subch. V of ch. DHS 85 Subchapter V — Withdrawal of Approval
DHS 85.16 DHS 85.16 Actions affecting approval.
DHS 85.16(1)(1)If at any time the department determines that a corporate guardian no longer meets the criteria under this chapter, the department may withdraw its approval upon 30 day written notice to all of the following:
DHS 85.16(1)(a) (a) Corporate guardian.
DHS 85.16(1)(b) (b) All courts that assigned the corporate guardian's guardianships.
DHS 85.16(1)(c) (c) The ward.
DHS 85.16(1)(d) (d) The ward's family.
DHS 85.16(1)(e) (e) Any other interested parties.
DHS 85.16(1)(f) (f) The county department designated under s. 55.02, Stats.
DHS 85.16(2) (2)The corporate guardian shall comply with the provisions in s. DHS 85.08 (2) regarding a corporate guardian closing.
DHS 85.16 History History: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10.
DHS 85.17 DHS 85.17 Appeal of decisions. Any party adversely affected by a decision of the department about the suitability of a private non-profit corporation or an unincorporated association for corporate guardianship may appeal that decision to the department of administration's division of hearings and appeals under ss. 227.42 and 227.44 to 227.50, Stats. The request for a hearing shall be filed with the department of administration's division of hearings and appeals within 10 working days after receipt of the notice of denial. The request for hearing is considered filed when the request is received by that division.
DHS 85.17 Note Note: To appeal a decision by the department, send a request for a hearing to Division of Hearings and Appeals, P. O. Box 7875, Madison, WI 53707.
DHS 85.17 History History: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.