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.
SB391-SSA1,82,2221 54.34 (1) (k) Whether the proposed ward is a recipient of a public benefit,
22including medical assistance or a benefit under s. 46.27.
SB391-SSA1,82,2423 (L) The agent under any current, valid power of attorney for health care or
24durable power of attorney that the proposed ward has executed.
SB391-SSA1,83,3
1(m) Whether the petitioner is requesting a full or limited guardianship and, if
2limited, the specific authority sought by the petitioner for the guardian or the specific
3rights of the individual that the petitioner seeks to have removed or transferred.
SB391-SSA1,83,54 (n) Whether the proposed ward, if married, has children who are not children
5of the current marriage.
SB391-SSA1,83,96 (p) Whether the petitioner is aware of any guardianship or conservatorship or
7related pending or ordered proceeding involving the proposed ward in another state
8or county and, if so, the details of the guardianship, conservationship, or related
9processings.
SB391-SSA1,83,13 10(3) A petition for the receipt and acceptance by this state of a foreign
11guardianship of a foreign ward who resides in or intends to move to this state may
12include other petitions related to the foreign guardianship, such as a petition to
13modify the terms of the foreign guardianship, and shall include all of the following:
SB391-SSA1,83,1514 (a) A certified copy of the foreign guardianship order that includes all of the
15following:
SB391-SSA1,83,1616 1. All attachments that describe the duties and powers of the foreign guardian.
SB391-SSA1,83,1917 2. All amendments or modifications to the foreign guardianship order that were
18entered after issuance of the original foreign guardianship order, including any order
19to transfer the foreign guardianship.
SB391-SSA1,83,2020 (b) The address of the foreign court that issued the foreign guardianship order.
SB391-SSA1,83,2421 (c) A listing of any other guardianship petitions for the foreign ward that are
22pending or that have been filed in any jurisdiction at any time within 24 months
23before the filing of the petition under this subsection and the names and addresses
24of the courts in which the petitions have been filed.
SB391-SSA1,84,2
1(d) The petitioner's name, residence, current address, and any relationship of
2the petitioner to the foreign ward other than as foreign guardian.
SB391-SSA1,84,33 (e) The name, age, principal residence, and current address of the foreign ward.
SB391-SSA1,84,84 (f) The name and address of any spouse of the foreign ward and any adult
5children, parents, or adult siblings of the foreign ward. If the foreign ward has no
6spouse, adult child, parent, or adult sibling, the name and address of at least one
7adult who is next closest in degree of kinship, as specified in s. 990.001 (16), to the
8ward, if available.
SB391-SSA1,84,109 (g) The name and address of any person other than the foreign guardian who
10is responsible for the care or custody of the foreign ward.
SB391-SSA1,84,1211 (h) The name and address of any legal counsel of the foreign ward, including
12any guardian ad litem appointed by the foreign court.
SB391-SSA1,84,1313 (i) The reason for the transfer of the foreign guardianship.
SB391-SSA1,84,1514 (j) A general statement of the foreign ward's property, its location, its estimated
15value, and the source and amount of any other anticipated income or receipts.
SB391-SSA1,84,1816 54.36 (2) A petitioner or guardian ad litem may petition the court for an order
17requiring the proposed ward to submit to an examination by a licensed physician or
18psychologist pursuant to s. 804.10 (1).
SB391-SSA1,84,22 19(3) A physician or psychologist who examines a proposed ward under a court
20order requiring the examination may, without the informed consent of the proposed
21ward, obtain access to the patient health care records and treatment records of the
22proposed ward.
SB391-SSA1,85,7 2354.38 Notice. (1) Form and delivery of notice. A notice shall be in writing.
24A copy of the petition, motion, or other required document shall be attached to the
25notice. Unless otherwise provided, notice may be delivered in person, by certified

1mail with return receipt requested, or by facsimile transmission. Notice is
2considered to be given by proof of personal delivery or by proof that the notice was
3mailed to the last-known address of the recipient or was sent by facsimile
4transmission to the last-known facsimile transmission number of the recipient.
5Failure of the petitioner to provide notice to all interested persons shall deprive the
6court of jurisdiction unless receipt of notice is waived by the interested person or
7under sub. (2) (b) 4.
SB391-SSA1,85,15 8(1m) Notice of petition for receipt and acceptance of a foreign
9guardianship.
(a) Notice of a petition for receipt and acceptance of a foreign
10guardianship, unless otherwise provided, shall be delivered in person, by certified
11mail with return receipt requested, or by facsimile transmission. Notice is
12considered to be given by proof of personal delivery or by proof that the notice was
13mailed to the last-known address of the recipient or was sent by facsimile
14transmission to the last-known facsimile transmission number of the recipient.
15Notice shall be served by the petitioner on all of the following:
SB391-SSA1,85,1816 1. The foreign ward. The notice under this subdivision shall be delivered
17personally, shall be in plain language and large type, and shall include all of the
18following:
SB391-SSA1,85,2119 a. A statement that the foreign ward has the right to a hearing on the petition
20under s. 54.44 and that any request for a hearing must be made within 30 days after
21the date that the petition is delivered in person.
SB391-SSA1,85,2322 b. A description of the procedures by which the foreign ward may exercise his
23or her right to a hearing.
SB391-SSA1,85,2524 c. A description of the consequences to the foreign ward of a transfer of the
25foreign guardianship from the foreign jurisdiction to this state.
SB391-SSA1,86,3
12. The foreign court from which the foreign guardianship is sought to be
2transferred. Notice under this subdivision shall include a request that the foreign
3court provide all of the following:
SB391-SSA1,86,84 a. Certification that the foreign court has no knowledge that the foreign
5guardian has engaged in any acts specified in s. 54.68 (2) (a) to (i), failed to perform
6any duties of a guardian required by the foreign jurisdiction or the foreign court, or
7performed any acts prohibited to a guardian by the foreign jurisdiction or the foreign
8court.
SB391-SSA1,86,179 b. Copies of all documents filed with the foreign court that are relevant to the
10foreign guardianship, including the initial petition for the foreign guardianship and
11other filed documents relevant to the appointment of the guardian; any reports and
12recommendations of any guardian ad litem or other individual appointed by the
13foreign court to evaluate the appropriateness of the foreign guardianship; any
14reports of health care or mental health care practitioners that describe the capacity
15of the foreign ward to care for himself or herself or to manage his or her affairs; any
16periodic status reports on the condition of the foreign ward and his or her assets; and
17any order to transfer the foreign guardianship.
SB391-SSA1,86,2418 3. All interested persons other than the foreign ward, including any foreign
19legal counsel appointed or retained for the foreign ward and any foreign guardian ad
20litem appointed for the foreign ward. Notice under this subdivision shall include a
21statement that informs persons receiving notice of the right to object to the receipt
22and acceptance of the foreign guardianship and that any request for a hearing must
23be made within 30 days after the date that the petition is delivered in person, mailed,
24or sent by facsimile transmission.
SB391-SSA1,87,2
1(b) Any of the following shall deprive the court of jurisdiction to hear the
2petition for receipt and acceptance of the foreign guardianship:
SB391-SSA1,87,33 1. Failure by the petitioner to serve notice as specified in par. (a) 1., 2., or 3.
SB391-SSA1,87,64 2. Failure by the foreign court to provide the certifications and copies within
530 days after receipt of the notice specified in par. (a) 2. or to give indication of
6compliance within a reasonable period of time.
SB391-SSA1,87,8 7(2) (b) Personally or by mail at least 10 days before the time set for hearing,
8to all of the following:
SB391-SSA1,87,99 1. The proposed ward's counsel, if any.
SB391-SSA1,87,1010 2. The proposed ward's guardian ad litem.
SB391-SSA1,87,1111 3. Any presumptive adult heirs, as specified in s. 851.09, of the proposed ward.
SB391-SSA1,87,1212 4. Any other interested persons, unless specifically waived by the court.
SB391-SSA1,87,1413 5. The agent under any durable power of attorney or power of attorney for
14health care of the ward.
SB391-SSA1,87,1515 6. Any person who has legal or physical custody of the proposed ward.
SB391-SSA1,87,1716 7. Any public or private agency, charity, or foundation from which the proposed
17ward is receiving aid or assistance.
SB391-SSA1,87,1818 8. The proposed guardian for the proposed ward.
SB391-SSA1,87,1919 9. Any other person that the court requires.
SB391-SSA1,87,2320 54.40 (4) (c) Interview the proposed guardian, the proposed standby guardian,
21if any, and any other person seeking appointment as guardian and report to the court
22concerning the suitability of each individual interviewed to serve as guardian and
23concerning the report under s. 54.15 (8).
SB391-SSA1,88,224 (d) 1. Review any power of attorney for health care under ch. 155, any durable
25power of attorney under ch. 243 executed by the proposed ward, and any other

1advance planning for financial and health care decision making in which the
2proposed ward had engaged.
SB391-SSA1,88,43 2. Interview any agent appointed by the proposed ward under any document
4specified in subd. 1.
SB391-SSA1,88,65 3. Report to the court concerning whether or not the proposed ward's advance
6planning is adequate to preclude the need for guardianship.
SB391-SSA1,88,87 (g) If the proposed ward or ward requests representation by counsel, inform the
8court and the petitioner or the petitioner's counsel, if any.
SB391-SSA1,88,99 (h) Attend all court proceedings related to the guardianship.
SB391-SSA1,88,11 1054.42 Rights of proposed ward or ward. (1) Right to counsel. (a) 1. The
11proposed ward or ward requests counsel.
SB391-SSA1,88,1312 2. The guardian ad litem or another person states to the court that the proposed
13ward or ward is opposed to the guardianship petition.
SB391-SSA1,88,1514 3. The court determines that the interests of justice require counsel for the
15proposed ward or ward.
SB391-SSA1,88,1716 (b) Any attorney obtained under par. (a) or appointed under par. (c) shall be an
17advocate for the expressed wishes of the proposed ward or ward.
SB391-SSA1,88,25 18(2) Right to jury trial. The proposed ward or ward has the right to a trial by
19a jury if demanded by the proposed ward or ward, his or her attorney, or the guardian
20ad litem, except that the right is waived unless demanded at least 48 hours before
21the time set for the hearing. The number of jurors for such a trial is determined under
22s. 756.06 (2) (b). The proposed ward or ward, his or her attorney, or the guardian ad
23litem each has the right to present and cross-examine witnesses, including any
24physician or licensed psychologist who reports to the court concerning the proposed
25ward.
SB391-SSA1,89,1
1(3) Right to independent examination.
SB391-SSA1,89,3 2(5) Right to be present at hearing. The proposed ward or ward has the right
3to be present at any hearing regarding the guardianship.
SB391-SSA1,89,6 4(6) Right to hearing in accessible location. The proposed ward or ward has
5the right to have any hearing regarding the guardianship conducted in a location and
6manner that is accessible to the proposed ward or ward.
SB391-SSA1,89,12 754.44 Hearing. (1) Time of hearing; provision of reports. (a) Time of hearing
8for petition.
A petition for guardianship, other than a petition under par. (b) or (c)
9or s. 54.50 (1), shall be heard within 90 days after it is filed. The guardian ad litem
10and attorney for the proposed ward shall be provided with a copy of the report of the
11examining physician or psychologist under s. 54.36 (1) at least 96 hours before the
12time of the hearing.
SB391-SSA1,89,1713 (c) Time of hearing for petition for receipt and acceptance of a foreign
14guardianship.
1. If a motion for a hearing on a petition for receipt and acceptance
15of a foreign guardianship is made by the foreign ward, by a person who has received
16notice under s. 54.38 (1m) (a) 3., or on the court's own motion, a hearing on the
17petition shall be heard within 90 days after the petition is filed.
SB391-SSA1,89,2018 2. If a petition for receipt and acceptance of a foreign guardianship includes a
19request to modify the provisions of the foreign guardianship, the petition shall be
20heard within 90 days after it is filed.
SB391-SSA1,89,2521 3. If a person receiving notice of the petition for receipt and acceptance of the
22foreign guardianship challenges the validity of the foreign guardianship or the
23authority of the foreign court to appoint the foreign guardian, the court may stay the
24proceeding under this subsection to afford the opportunity to the interested person
25to have the foreign court hear the challenge and determine its merits.
SB391-SSA1,90,3
1(2) Standard of proof. Any determination by the court as to whether the
2proposed ward a minor, is incompetent, or a spendthrift shall be by clear and
3convincing evidence.
SB391-SSA1,90,7 4(3) Presence of proposed guardian or petitioner. (a) The proposed guardian
5and any proposed standby guardian shall be physically present at the hearing unless
6the court excuses the attendance of either or, for good cause shown, permits
7attendance by telephone.
SB391-SSA1,90,118 (b) The petitioner, for a petition for receipt and acceptance of a foreign
9guardianship, shall be physically present at the hearing specified under sub. (1) (c)
10unless the court excuses the petitioner's attendance or, for good cause shown, permits
11attendance by telephone.
SB391-SSA1,90,23 12(4) Presence of proposed ward. (a) Adult proposed ward. The petitioner shall
13ensure that the proposed ward attends the hearing unless the attendance is waived
14by the guardian ad litem. In determining whether to waive attendance by the
15proposed ward, the guardian ad litem shall consider the ability of the proposed ward
16to understand and meaningfully participate, the effect of the proposed ward's
17attendance on his or her physical or psychological health in relation to the
18importance of the proceeding, and the proposed ward's expressed desires. If the
19proposed ward is unable to attend the hearing because of residency in a nursing
20home or other facility, physical inaccessibility, or a lack of transportation and if the
21proposed ward, guardian ad litem, advocate counsel, or other interested person so
22requests, the court shall hold the hearing in a place where the proposed ward may
23attend.
SB391-SSA1,90,2424 (b) Minor proposed ward. A minor is not required to attend the hearing.
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