DHS 85.12 Conflict of interest. (1) The corporate guardian may not be subject to undue influence from any party.
(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.
(3) Pursuant to s.
55.03 (1), Stats., a guardian may not be a provider of protective services or protective placement for its ward.
(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 ss.
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.
(5) A corporate guardian may not profit from their ward.
(6) The guardian shall 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.
(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.
(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.
Subchapter IV — Ward Services
DHS 85.13 Rights of wards. (1) Subject to the provisions of any court order regarding the division of power and authority between the guardian and the ward, and subject to any other provision of law, including ss.
54.18 through
54.25, Stats., every ward shall have the right to all of the following:
(a) Be treated with respect and dignity by the staff and volunteers of the corporate guardian.
(b) Be free from abuse, mistreatment, neglect and misappropriation of property.
(c) Confidentiality of health and personal information and records.
(d) Be informed of the services provided by the corporate guardian agency.
(e) Be consulted about decisions on the ward's behalf, to the extent the ward is capable.
(f) Have guardianship services provided in a way that constitutes the least restrictive intervention.
(g) Communicate freely with the advocate of the ward's choice.
(h) File a grievance or a complaint without retaliation.
DHS 85.14 Duties. (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:
(a) Explain to the ward the role of the guardian.
(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.
(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.
(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.
(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.
(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 them 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.
(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 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.
(6) A corporate guardian must 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.
(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 is provided with the opportunity to exercise legal rights. The guardian representative shall visit the ward in their residence at least annually.
(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 is provided with the opportunity to exercise legal rights. The guardian representative shall have face-to-face contact with the ward at least annually.
DHS 85.15 Records. (1) The corporate guardian shall maintain a separate file for each ward including all of the following information and documents as applicable:
(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.
(b) A current photograph of the ward.
(c) All relevant legal documents involving the ward.
(d) Advance directives.
(e) A list of key contacts.
(f) A list of service providers, contact information, a description of services provided to the ward and progress reports as applicable.
(g) Documentation of all ward and collateral contacts, including the date, time, and activity.
(h) Progress notes that are as detailed as necessary to reflect contacts made and work done regarding the ward.
(i) A guardianship inventory, accounts and annual reports as required by statute, including all supporting financial statements, records and financial reports.
(j) Assessments regarding the ward's past and present medical, psychological, and social functioning, including relevant family medical information.
(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.
(L) A personal and social history of the ward including a family history.
(2) If guardianship is transferred, the corporate guardian shall transfer the original record required in this section to the successor guardian.
Subchapter V — Withdrawal of Approval
DHS 85.16 Actions affecting approval. (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:
(a) Corporate guardian.
(b) All courts that assigned the corporate guardian's guardianships.
(c) The ward.
(d) The ward's family.
(e) Any other interested parties.
(f) The county agency designated under s.
55.02, Stats.
(2) The corporate guardian shall comply with the provisions in s.
DHS 85.08 (2) regarding a corporate guardian closing.
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.
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.
Notice of Hearings
Health Services
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
254.34 (1) (a),
254.365 (4) and
254.37 (3), Stats., the Department of Health Services will hold public hearings to consider the proposed creation, repeal, renumbering and amendment of portions of Chapter
DHS 157, Radiation Protection, relating to the regulation of radiation producing devices and radioactive materials, and affecting small businesses.
Hearing Information
Date and Time
|
Location
|
October 13, 2009
Tuesday
10:00 to 11:30 AM
|
Medical College of Wisconsin
8701 Watertown Plank Rd.
Room H1250
Milwaukee, WI
|
October 14, 2009
Wednesday
10:00 to 11:30 AM
|
Department of Health Services
1 W. Wilson Street
Room B139
Madison, WI
|
Accessibility
English
DHS is an equal opportunity employer and service provider. If you need accommodations because of a disability or need an interpreter or translator, or if you need this material in another language or in an alternate format, you may request assistance to participate by contacting Paul Schmidt at 608 267-4792 or
paul.schmidt@dhs.wisconsin.gov. You must make your request at least 7 days before the activity.
Spanish
DHS es una agencia que ofrece igualdad en las oportunidades de empleo y servicios. Si necesita algún tipo de acomodaciones debido a incapacidad o si necesita un interprete, traductor o esta información en su propio idioma o en un formato alterno, usted puede pedir asistencia para participar en los programas comunicándose con Paul Schmidt al número 608 267-4792 or paul.schmidt@dhs. wisconsin.gov. Debe someter su petición por lo menos 7 días de antes de la actividad.
Hmong
DHS yog ib tus tswv hauj lwm thiab yog ib qhov chaw pab cuam uas muab vaj huam sib luag rau sawv daws. Yog koj xav tau kev pab vim muaj mob xiam oob qhab los yog xav tau ib tus neeg pab txhais lus los yog txhais ntaub ntawv, los yog koj xav tau cov ntaub ntawv no ua lwm hom lus los yog lwm hom ntawv, koj yuav tau thov kev pab uas yog hu rau Paul Schmidt ntawm 608 267-4792 or
paul.schmidt@dhs.wisconsin.gov. Koj yuav tsum thov qhov kev pab yam tsawg kawg 7 hnub ua ntej qhov hauj lwm ntawd.
Agency Contact Person
Paul Schmidt, Chief
Radiation Protection Section
P.O. Box 2659
Madison, WI 53701-2659
608-267-4792
Submission of Written Comments
Comments may be submitted to the agency contact person that is listed above. The deadline for submitting comments is October 21, 2009.
Analysis Prepared by the Department of Health Services
Statutes interpreted
Statutory authority
Explanation of agency authority
As specified under s.
254.34 (1), Stats., the Department is the state radiation control agency and is required under ss.
254.34 (1) (a),
254.365 (4), and
254.37 (3), Stats., to promulgate rules pertaining to the use of radiation in Wisconsin. Specifically, the Department is required to promulgate and enforce rules pertaining to sources of ionizing radiation and for registration and licensing sources of ionizing radiation, and enforcement as may be necessary to prohibit and prevent unnecessary radiation exposure. The Department's rules for by-product material, source material, and special nuclear material are required to be in accordance with
42 USC 2021 (o) and be otherwise compatible with the requirements under
42 USC 2011 to
2114 and regulations adopted under
42 USC 2011 to
2114.
Related statute or rule
Chapter
NR 809 incorporates the radioactivity standards for community water systems and the analytical methods established in ss.
DHS 157.95 and
157.96. The Department of Natural Resources applies these standards to community drinking water systems.
Chapter
DHS 163 establishes requirements for identification, removal and reduction of lead-based paint hazards. Lead in paint analysis requires use of a portable device containing radioactive material which is required to be licensed under ch.
DHS 157. Section
DHS 157.05 (4) requires that any person providing training for certified lead inspectors or risk assessors to meet the training requirements of s.
DHS 163.24 (a) 1. and 3. and to complete an additional 8 hours of radiation safety training.
Plain language analysis
Under s.
254.34 (1) (a) Stats., the Department is responsible for developing and enforcing rules, including registration and licensing of sources of ionizing radiation, to prohibit and prevent unnecessary radiation exposure. The Department is also responsible for maintaining compliance with the Agreement signed by Governor Doyle in 2003 and the Nuclear Regulatory Commission (NRC) that transferred regulatory authority over certain radioactive materials from the NRC to the state. Under the Agreement, the Department is responsible for licensing and inspecting radioactive materials commonly used in medicine, industry, research and education. NRC staff periodically evaluate the state regulatory program.
One of the requirements of this Agreement is Wisconsin's assurance that it will revise the radioactive material portions of ch.
DHS 157 within 3 years of any applicable changes in Title10 Code of Federal Regulations. Title 10 CFR has been revised since ch.
DHS 157 was last revised in 2006. Therefore, the Department proposes to modify the radioactive material requirements in ch.
DHS 157.
