SB391-SSA1,71,87 (c) "Will, trust, or other instrument" includes a revocable or irrevocable trust,
8a durable power of attorney, or a marital property agreement.
SB391-SSA1,71,12 9(2) A guardian or other individual who seeks an order authorizing and
10directing the guardian of the estate to transfer any of a ward's income or assets to
11or for the benefit of any person shall submit to the court a petition that specifies all
12of the following:
SB391-SSA1,71,1513 (a) Whether a proceeding by anyone seeking this authority with respect to the
14ward's income and assets was previously commenced and, if so, a description of the
15nature of the proceeding and the disposition made of it.
SB391-SSA1,71,2216 (b) The amount and nature of the ward's financial obligations, including
17moneys currently and prospectively required to provide for the ward's maintenance,
18support, and well-being and to provide for others dependent upon the ward for
19support, regardless of whether the ward is legally obligated to provide the support.
20If the petitioner has access to a copy of a court order or written agreement that
21specifies support obligations of the ward, the petitioner shall attach the copy to the
22petition.
SB391-SSA1,71,2423 (c) The income and assets of the ward that is the subject of the petition, the
24proposed disposition of the property, and the reasons for the disposition.
SB391-SSA1,71,2525 (d) The wishes, if ascertainable, of the ward.
SB391-SSA1,72,2
1(e) As specified in sub. (3), whether the ward has previously executed a will or
2similar instrument.
SB391-SSA1,72,43 (f) A description of any significant gifts or patterns of gifts that the ward has
4made.
SB391-SSA1,72,75 (g) The current and likely future effect of the proposed transfer of assets on the
6ward's eligibility for public benefits, including medical assistance or a benefit under
7s. 46.27.
SB391-SSA1,72,98 (h) Whether the guardian of the person and the guardian of the estate, if not
9the petitioner, agree with or object to the transfer.
SB391-SSA1,72,1110 (i) The names, post-office addresses, and relationships to the ward of all of the
11following:
SB391-SSA1,72,1312 1. Any presumptive adult heirs of the ward who can be ascertained with
13reasonable diligence.
SB391-SSA1,72,1614 2. If the ward has previously executed a will, trust, or other instrument, the
15named or described beneficiaries, if known, under the most recent will, trust, or other
16instrument executed by the ward.
SB391-SSA1,72,20 17(3) (a) If a ward has previously executed a will, trust, or other instrument for
18nontestamentary transfer and the petitioner is able, with reasonable diligence, to
19obtain a copy, the petitioner shall provide the copy to the court, together with a
20statement that specifies all of the following:
SB391-SSA1,72,2121 1. The manner in which the copy was secured.
SB391-SSA1,72,2422 2. The manner in which the terms of the will, trust, or other instrument for
23nontestamentary transfer became known to the petitioner for nontestamentary
24transfer.
SB391-SSA1,73,2
13. The basis for the petitioner's belief that the copy is of the ward's most recently
2executed will, trust, or other instrument.
SB391-SSA1,73,73 (b) If the petitioner is unable to obtain a copy of the most recently executed will
4or other dispositive estate planning document or is unable to determine if the ward
5has previously executed a will or other dispositive estate planning document, the
6petitioner shall provide a statement to the court that specifies the efforts that were
7made by the petitioner to obtain a copy or ascertain the information.
SB391-SSA1,73,138 (c) If a copy of the most recently executed will or other dispositive estate
9planning document is not otherwise available, the court may order the person who
10has the original will or other dispositive estate planning document to provide a
11photocopy to the court for in camera examination. The court may provide the
12photocopy to the parties to the proceeding unless the court finds that doing so is
13contrary to the ward's best interests.
SB391-SSA1,73,1714 (d) The petitioner and the court shall keep confidential the information in a will
15or other dispositive estate planning document, or a copy of the will or other
16dispositive estate planning document, under this subsection, and may not, unless
17otherwise authorized, disclose that information.
SB391-SSA1,73,20 18(4) The petitioner shall serve notice upon all of the following, together with a
19copy of the petition, stating that the petitioner will move the court, at a time and
20place named in the notice, for the order described in the petition:
SB391-SSA1,73,2221 (a) If not the same as the petitioner, the guardian of the person and the
22guardian of the estate.
SB391-SSA1,73,2423 (b) Unless the court dispenses with notice under this subsection, the persons
24specified in sub. (2) (i), if known to the petitioner.
SB391-SSA1,73,2525 (c) The county corporation counsel, if the county has an interest in the matter.
SB391-SSA1,74,1
1(5) The court shall consider all of the following in reviewing the petition:
SB391-SSA1,74,22 (a) The wishes of the ward, if known.
SB391-SSA1,74,53 (b) Whether the duration of the ward's impairment is likely to be sufficiently
4brief so as to justify dismissal of the proceedings in anticipation of the ward's
5recovered ability to decide whether, and to whom, to transfer his or her assets.
SB391-SSA1,74,76 (c) Whether the proposed transfer will benefit the ward, the ward's income and
7assets, or members of the ward's immediate family.
SB391-SSA1,74,118 (d) Whether the donees or beneficiaries under the proposed disposition are
9reasonably expected objects of the ward's generosity and whether the proposed
10disposition is consistent with any ascertained wishes of the ward or known estate
11plan or pattern of lifetime gifts that he or she has made.
SB391-SSA1,74,1412 (e) Whether the proposed disposition will produce tax savings that will
13significantly benefit the ward, his or her dependents, or other persons for whom the
14ward would be concerned.
SB391-SSA1,74,1615 (f) The factors specified in sub. (2) (a) to (i) and any statements or other evidence
16under sub. (3).
SB391-SSA1,74,1717 (g) Any other factors that the court determines are relevant.
SB391-SSA1,74,20 18(6) The court may grant the petition under sub. (2) and enter an order
19authorizing and directing the guardian of the estate to take action requested in the
20petition, if the court finds and records all of the following:
SB391-SSA1,74,2321 (a) That the ward has incapacity to perform the act for which approval is sought
22and the incapacity is not likely to change positively within a reasonable period of
23time.
SB391-SSA1,74,2524 (b) That a competent individual in the position of the ward would likely perform
25the act under the same circumstances.
SB391-SSA1,75,2
1(c) That, before the ward had incapacity to perform the act for which approval
2is sought, he or she did not manifest intent that is inconsistent with the act.
SB391-SSA1,75,5 3(7) Nothing in this section requires a guardian to file a petition under this
4section and a guardian is not liable or accountable to any person for having failed to
5file a petition under this section.
SB391-SSA1,75,66 54.25 (1) Duties. A guardian of the person shall do all of the following:
SB391-SSA1,75,87 (b) 1. Regular inspection, in person, of the ward's condition, surroundings, and
8treatment.
SB391-SSA1,75,109 2. Examination of the ward's patient health care records and treatment records
10and authorization for redisclosure as appropriate.
SB391-SSA1,75,1311 3. Attendance and participation in staff meetings of any facility in which the
12ward resides or is a patient, if the meeting includes a discussion of the ward's
13treatment and care.
SB391-SSA1,75,1514 4. Inquiry into the risks and benefits of, and alternatives to, treatment for the
15ward, particularly if drastic or restrictive treatment is proposed.
SB391-SSA1,75,1716 5. Specific consultation with providers of health care and social services in
17making all necessary treatment decisions.
SB391-SSA1,75,22 18(2) Powers. (a) Rights and powers of a guardian of the person. A guardian of
19the person has only those rights and powers that the guardian is specifically
20authorized to exercise by statute, rule, or court order. Any other right or power is
21retained by the ward, unless the ward has been declared incompetent to exercise the
22right under par. (c) or the power has been transferred to the guardian under par. (d).
SB391-SSA1,75,2523 (b) Rights retained by individuals determined incompetent. An individual
24determined incompetent retains the power to exercise all of the following rights,
25without consent of the guardian:
SB391-SSA1,76,5
11. To have access to and communicate privately with the court and with
2governmental representatives, including the right to have input into plans for
3support services, the right to initiate grievances, including under state and federal
4law regarding resident or patient rights, and the right to participate in
5administrative hearings and court proceedings.
SB391-SSA1,76,76 2. To have access to, communicate privately with, and retain legal counsel, with
7fees paid from the income and assets of the ward, subject to court approval.
SB391-SSA1,76,108 3. To have access to and communicate privately with representatives of the
9protection and advocacy agency under s. 51.62 and the board on aging and long-term
10care.
SB391-SSA1,76,1311 4. To protest a residential placement made under s. 55.05 (5), and to be
12discharged from a residential placement unless the individual is protectively placed
13under s. 55.06 or the elements of s. 55.06 (11) are present.
SB391-SSA1,76,1514 5. To petition for court review of guardianship, protective services, protective
15placement, or commitment orders.
SB391-SSA1,76,1616 6. To give or withhold a consent reserved to the individual under ch. 51.
SB391-SSA1,76,1917 7. To exercise any other rights specifically reserved to the individual by statute
18or the constitutions of the state or the United States, including the rights to free
19speech, freedom of association, and the free exercise of religious expression.
SB391-SSA1,76,2320 (c) Declaration of incompetence to exercise certain rights. 1. The court may, as
21part of a proceeding under s. 54.44 in which an individual is found incompetent and
22a guardian is appointed, declare that the individual has incapacity to exercise one
23or more of the following rights:
SB391-SSA1,76,2424 a. The right to consent to marriage.
SB391-SSA1,76,2525 b. The right to execute a will.
SB391-SSA1,77,1
1c. The right to serve on a jury.
SB391-SSA1,77,82 d. The right to apply for an operator's license, a license issued under ch. 29, or
3a credential, as defined in s. 440.01 (2) (a), if the court finds that the individual is
4incapable of understanding the nature and risks of the licensed or credentialed
5activity, to the extent that engaging in the activity would pose a substantial risk of
6physical harm to the individual or others. A failure to find that an individual is
7incapable of applying for a license or credential is not a finding that the individual
8qualifies for the license or credential under applicable laws and rules.
SB391-SSA1,77,129 e. The right to consent to sterilization, if the court finds that the individual is
10incapable of understanding the nature, risk, and benefits of sterilization, after the
11nature, risk, and benefits have been presented in a form that the individual is most
12likely to understand.
SB391-SSA1,77,1313 f. The right to consent to organ, tissue, or bone marrow donation.
SB391-SSA1,77,1614 2. Any finding under subd. 1. that an individual lacks evaluative capacity to
15exercise a right must be based on clear and convincing evidence. In the absence of
16such a finding, the right is retained by the individual.
SB391-SSA1,77,2217 3. If an individual is declared not competent to exercise a right under subd. 1.
18or 4., a guardian may not exercise the right or provide consent for exercise of the right
19on behalf of the individual. If the court finds with respect to a right listed under subd.
201. a., d., e., or f. that the individual is competent to exercise the right under some but
21not all circumstances, the court may order that the individual retains the right to
22exercise the right only with consent of the guardian of the person.
SB391-SSA1,78,323 4. Regardless of whether a guardian is appointed, a court may declare that an
24individual is not competent to exercise the right to register to vote or to vote in an
25election if it finds by clear and convincing evidence that the individual is incapable

1of understanding the objective of the elective process. If the petition for a declaration
2of incompetence to vote is not part of a petition for guardianship, the same
3procedures shall apply as would apply for a petition for guardianship.
SB391-SSA1,78,94 The determination of the court shall be communicated in writing by the clerk
5of court to the election official or agency charged under s. 6.48, 6.92, 6.925, or 6.93
6with the responsibility for determining challenges to registration and voting that
7may be directed against that elector. The determination may be reviewed as
8provided in s. 54.64 (2) (a) and (c) and any subsequent determination of the court
9shall be likewise communicated by the clerk of court.
SB391-SSA1,78,2110 (d) Guardian authority to exercise certain powers. 1. A court may authorize a
11guardian of the person to exercise all or part of any of the powers specified in subd.
122. only if it finds, by clear and convincing evidence, that the individual lacks
13evaluative capacity to exercise the power. The court shall authorize the guardian of
14the person to exercise only those powers that are necessary to provide for the
15individual's personal needs, safety, and rights and to exercise the powers in a manner
16that is appropriate to the individual and that constitutes the least restrictive form
17of intervention. The court may limit the authority of the guardian of the person with
18respect to any power to allow the individual to retain power to make decisions about
19which the individual is able effectively to receive and evaluate information and
20communicate decisions. When a court appoints a guardian for a minor, the guardian
21shall be granted care, custody, and control of the person of the minor.
SB391-SSA1,78,2222 2. All of the following are powers subject to subd. 1.:
SB391-SSA1,79,1423 a. Except as provided under subd. 2. b., c., and d., and except for consent to
24psychiatric treatment and medication under ch. 51, and subject to any limitation
25under s. 54.46 (3) (b), the power to give informed consent, if in the ward's best

1interests, to voluntary or involuntary medical examination and treatment and to the
2voluntary receipt by the ward of medication, including any appropriate psychotropic
3medication that is in the ward's best interest, if the guardian has first made a
4good-faith attempt to discuss with the ward the ward's voluntary receipt of the
5psychotropic medication and the ward does not protest. For purposes of this subd.
62. a., "protest" means make more than one discernible negative response, other than
7mere silence, to the offer of, recommendation for, or other proffering of voluntary
8receipt of psychotropic medication. "Protest" does not mean a discernible negative
9response to a proposed method of administration of the psychotropic medication. A
10guardian may consent to the involuntary administration of psychotropic medication
11only under a court order under s. 55.14. In determining whether medication or
12medical treatment, other than psychotropic medication, is in the ward's best interest,
13the guardian shall consider the invasiveness of the medication or treatment and the
14likely benefits and side effects of the medication or treatment.
SB391-SSA1,79,1915 b. Unless it can be shown by clear and convincing evidence that the ward would
16never have consented to research participation, the power to authorize the ward's
17participation in an accredited or certified research project if the research might help
18the ward; or if the research might not help the ward but might help others, and the
19research involves no more than minimal risk of harm to the ward.
SB391-SSA1,80,420 c. The power to authorize the ward's participation in research that might not
21help the ward but might help others even if the research involves greater than
22minimal risk of harm to the ward if the guardian can establish by clear and
23convincing evidence that the ward would have elected to participate in such
24research; and the proposed research was reviewed and approved by the research and
25human rights committee of the institution conducting the research. The committee

1shall have determined that the research complies with the principles of the
2statement on the use of human subjects for research adopted by the American
3Association on Mental Deficiency, and with the federal regulations for research
4involving human subjects for federally supported projects.
SB391-SSA1,80,125 d. Unless it can be shown by clear and convincing evidence that the ward would
6never have consented to any experimental treatment, the power to consent to
7experimental treatment if the court finds that the ward's mental or physical status
8presents a life-threatening condition; the proposed experimental treatment may be
9a life saving remedy; all other reasonable traditional alternatives have been
10exhausted; 2 examining physicians have recommended the treatment; and, in the
11court's judgment, the proposed experimental treatment is in the ward's best
12interests.
SB391-SSA1,80,1413 e. The power to give informed consent to receipt by the ward of social and
14supported living services.
SB391-SSA1,80,1715 f. The power to give informed consent to release of confidential records other
16than court, treatment, and patient health care records and to redisclosure as
17appropriate.
SB391-SSA1,80,1818 g. The power to make decisions related to mobility and travel.
SB391-SSA1,80,2019 i. The power to choose providers of medical, social, and supported living
20services.
SB391-SSA1,80,2221 j. The power to make decisions regarding educational and vocational placement
22and support services or employment.
SB391-SSA1,80,2423 k. The power to make decisions regarding initiating a petition for the
24termination of marriage.
SB391-SSA1,80,2525 L. The power to receive all notices on behalf of the ward.
SB391-SSA1,81,4
1m. The power to act in all proceedings as an advocate of the ward, except the
2power to enter into a contract that binds the ward or the ward's property or to
3represent the ward in any legal proceedings pertaining to the property, unless the
4guardian of the person is also the guardian of the estate.
SB391-SSA1,81,65 n. The power to apply for protective placement under s. 55.06 or for
6commitment under s. 51.20 or 51.45 (13) for the ward.
SB391-SSA1,81,87 o. The power to have custody of the ward, if an adult, and the power to have
8care, custody, and control of the ward, if a minor.
SB391-SSA1,81,99 p. Any other power the court may specifically identify.
SB391-SSA1,81,1310 3. In exercising powers and duties delegated to the guardian of the person
11under this paragraph, the guardian of the person shall, consistent with meeting the
12individual's essential requirements for health and safety and protecting the
13individual from abuse, exploitation, and neglect, do all of the following:
SB391-SSA1,81,1614 a. Place the least possible restriction on the individual's personal liberty and
15exercise of constitutional and statutory rights, and promote the greatest possible
16integration of the individual into his or her community.
SB391-SSA1,81,2417 b. Make diligent efforts to identify and honor the individual's preferences with
18respect to choice of place of living, personal liberty and mobility, choice of associates,
19communication with others, personal privacy, and choices related to sexual
20expression and procreation. In making a decision to act contrary to the individual's
21expressed wishes, the guardian shall take into account the individual's
22understanding of the nature and consequences of the decision, the level of risk
23involved, the value of the opportunity for the individual to develop decision-making
24skills, and the need of the individual for wider experience.
SB391-SSA1,82,2
1c. Consider whether the ward's estate is sufficient to pay for the needed
2services.
SB391-SSA1,82,43 subchapter IV
4 procedures
SB391-SSA1,82,5 554.30 Jurisdiction and venue.
SB391-SSA1,82,7 6(3) (b) 1. An interested person shall file a petition for change of venue in the
7county in which venue for the guardianship currently lies.
SB391-SSA1,82,118 2. The person filing the petition under subd. 1. shall give notice to the
9corporation counsel of the county in which venue for the guardianship currently lies
10and to the register in probate and corporation counsel for the county to which change
11of venue is sought.
SB391-SSA1,82,2012 3. If no objection to the change of venue is made within 15 days after the date
13on which notice is given under subd. 2., the circuit court of the county in which venue
14for the guardianship currently lies may enter an order changing venue. If objection
15to the change of venue is made within 15 days after the date on which notice is given
16under subd. 2., the circuit court of the county in which venue for the guardianship
17currently lies shall set a date for a hearing within 7 days after the objection is made
18and shall give notice of the hearing to the corporation counsel of that county and to
19the corporation counsel and register in probate of the county to which change of
20venue is sought.
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