21-0991_P1

LRB-0991/P1

JPC:wlj

2021 - 2022 LEGISLATURE

DOA:......Stinebrink, BB0341 - Guardianship training requirements

For 2021-2023 Budget -- Not Ready For Introduction

An Act ...; relating to: the budget.

Analysis by the Legislative Reference Bureau

health and human services

General health and human services

Guardianship training requirements

This bill establishes mandatory initial training requirements for certain guardians. Under current law, a guardian of the person is a person appointed by a court to act to secure any necessary care or services for the ward that are in the ward's best interests, and a guardian of the estate is a person appointed by a court to provide a ward with the greatest amount of independence and self-determination with respect to property management. Currently, there are no training requirements for guardians of the person or guardians of the estate.

Under the bill, guardians of the person must complete training on all of the following topics: 1) the duties and responsibilities of a guardian of the person under the law and limits of the guardian of the person's decision-making authority; 2) alternatives to guardianship, included supported decision-making and powers of attorney; 3) rights retained by the ward; 4) best practices for a guardian to solicit and understand the wishes and preferences of a ward, to involve a ward in decision-making, and to take a ward's wishes and preferences into account in decisions made by the guardian; 5) restoration of a ward's rights and the process for removal of guardianship; 6) future planning and identification of a potential standby or successor guardian; and 7) resources and technical support for guardians. The bill also requires that guardians of the estate complete training on the duties and responsibilities of a guardian of the estate under the law, limits of a guardian of the estate's decision-making authority, and inventory and accounting requirements. The bill provides limited exemptions for guardians of minors and children and certain corporate and volunteer guardians.

Under the bill, a proposed guardian of the person or a proposed guardian of the estate must submit, as part of the guardianship case, a sworn and notarized statement to the court that the proposed guardian has completed the training requirements.

The bill requires DHS to award a grant to administer and conduct the required guardian training. DHS must require, in the request for proposal, that the grantee have expertise in state guardianship law, experience with technical assistance and support to guardians and wards, and knowledge of common challenges and questions encountered by guardians and wards. In addition, the grantee selected to develop training shall develop plain-language, web-based training modules using adult-learning design principles that can be accessed for free by training topic and in formats that maximize accessibility, with printed versions available for free upon request.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1 . 46.977 (1) (intro.) and (a) of the statutes are consolidated, renumbered 46.977 (1) and amended to read:

46.977 (1) Definitions Definition. In this section : (a) “Guardian", “guardian” has the meaning given in s. 54.01 (10).

Section 2 . 46.977 (1) (b) of the statutes is renumbered 46.977 (2) (ag) and amended to read:

46.977 (2) (ag) “Organization" In this subsection, “organization” means a private, nonprofit agency or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437.

Section 3 . 46.977 (2) (a) of the statutes is renumbered 46.977 (2) (am) and amended to read:

46.977 (2) (am) From the appropriation under s. 20.435 (1) (cg), the department may under this section subsection, based on the criteria under par. (c), award grants to applying organizations for the purpose of training and assisting guardians for individuals found incompetent under ch. 54. No grant may be paid unless the awardee provides matching funds equal to 10 percent of the amount of the award.

Section 4 . 46.977 (2) (b) (intro.) of the statutes is amended to read:

46.977 (2) (b) (intro.) Organizations awarded grants under par. (a) (am) shall do all of the following:

Section 5 . 46.977 (2) (c) of the statutes is amended to read:

46.977 (2) (c) In reviewing applications for grants under par. (am), the department shall consider the extent to which the proposed program will effectively train and assist guardians for individuals found incompetent under ch. 54.

Section 6 . 46.977 (3) of the statutes is created to read:

46.977 (3) Grant for initial training. (a) The department shall award a grant to develop, administer, and conduct the guardian training required under s. 54.26.

(b) The department shall require the grantee to have expertise in state guardianship law, experience with technical assistance and support to guardians and wards, and knowledge of common challenges and questions encountered by guardians and wards.

(c) The grantee selected to develop training that meets the requirements under s. 54.26 (1) shall develop plain-language, web-based training modules using adult-learning design principles that can be accessed for free by training topic and in formats that maximize accessibility, with printed versions available for free upon request.

Section 7 . 54.15 (8) (a) (intro.) of the statutes is amended to read:

54.15 (8) (a) (intro.) At least 96 hours before the hearing under s. 54.44, the proposed guardian shall submit to the court a all of the following:

1m. A sworn and notarized statement as to whether any of the following is true:

Section 8 . 54.15 (8) (a) 1. to 4. of the statutes are renumbered 54.15 (8) (a) 1m. a. to d.

Section 9 . 54.15 (8) (a) 2m. of the statutes is created to read:

54.15 (8) (a) 2m. A sworn and notarized statement that the proposed guardian has completed the training requirements under s. 54.26 (1), unless exempted under s. 54.26 (2) (c), (d), or (e).

Section 10 . 54.15 (8) (b) of the statutes is amended to read:

54.15 (8) (b) If par. (a) 1., 2., 3., or 4. 1m. a., b., c., or d. applies to the proposed guardian, he or she shall include in the sworn and notarized statement a description of the circumstances surrounding the applicable event under par. (a) 1., 2., 3., or 4. 1m. a., b., c., or d.

Section 11. 54.26 of the statutes is created to read:

54.26 Guardian training requirements. (1) Required training topics. (a) Every guardian of the person, unless exempted under sub. (2) (c), (d), or (e), shall complete training on all of the following topics:

1. The duties and responsibilities of a guardian of the person under the law and limits of the guardian's decision-making authority.

2. Alternatives to guardianship, including supported decision-making agreements and powers of attorney.

3. Rights retained by a ward.

4. Best practices for a guardian to solicit and understand the wishes and preferences of a ward, to involve a ward in decision making, and to take a ward's wishes and preferences into account in decisions made by the guardian.

5. Restoration of a ward's rights and the process for removal of guardianship.

6. Future planning and identification of a potential standby or successor guardian.

7. Resources and technical support for guardians.

(b) Every guardian of the estate shall complete training on all of the following topics:

1. The duties and responsibilities of a guardian of the estate under the law and limits of the guardian's decision-making authority.

2. Inventory and accounting requirements.

(2) Initial training requirements. (a) Before the final hearing for a permanent guardianship, any person nominated for appointment or seeking appointment as a guardian of the person is required to receive the training required under sub. (1) (a).

(b) Before the final hearing for permanent guardianship, any person nominated for appointment or seeking appointment as a guardian of the estate is required to receive at least the training required under sub. (1) (b).

(c) A guardian under s. 54.15 (7) who is regulated by the department is exempt from pars. (a) and (b).

(d) A volunteer guardian who has completed the training requirements under sub. (1) is exempt from pars. (a) and (b) with regard to subsequent wards.

(e) A guardian of the person or a guardian of the estate, or both, for a minor under s. 54.10 (1) is exempt from pars. (a) and (b).

Section 9119. Nonstatutory provisions; Health Services.

(1) Initial training for guardians. The grantee selected under s. 46.977 to administer and conduct training shall, no later than one year after the effective date of this subsection and in coordination with the department of health services, develop the content for the initial training to be provided to guardians under s. 54.26 and implement the program.

Section 9319. Initial applicability; Health Services.

(1) Statements of guardians. The treatment of ss. 54.15 (8) (a) (intro.) (as it relates to any requirement for a statement as described under s. 54.15 (8) (a) 2m.) and 2m. and 54.26 first applies to petitions for guardianship filed on the first day of the 13th month beginning after the effective date of this subsection.

(End)