SB731,34,1512
813.123
(2) (b) The court may go forward with a petition filed under sub. (6) if
13the individual at risk has been adjudicated incompetent under
ch. 54 or under ch.
14880,
2003 stats., notwithstanding an objection by an individual at risk who is the
15subject of the petition, or an objection by the guardian of the individual at risk.
SB731,34,2218
813.123
(3) (b) The court or circuit court commissioner, on its or his or her own
19motion or the motion of any party, shall order that a guardian ad litem be appointed
20under s. 880.331 (1) for the individual at risk, if the petition under sub. (6) was filed
21by a person other than the individual at risk, and may order that a guardian ad litem
22be appointed in other instances when justice so requires.
SB731,35,5
1813.123
(4) (a) (intro.) Unless the individual at risk, guardian, or guardian ad
2litem consents in writing and the judge or circuit court commissioner agrees that the
3contact is in the best interests of the individual at risk, a judge or circuit court
4commissioner shall issue a temporary restraining order, as specified in par. (ar), if
5all of the following occur:
SB731,35,148
813.123
(4) (a) 2. a. That the respondent has interfered with or, based on prior
9conduct of the respondent, may interfere with an investigation of the individual at
10risk, the delivery of protective services to or a protective placement of the individual
11at risk under ch. 55, or the delivery of services to an elder adult at risk under s. 46.90
12(5m); and that the interference complained of, if continued, would make it difficult
13to determine whether abuse, financial exploitation, neglect, or self-neglect has
14occurred, is occurring, or may recur.
SB731,35,2117
813.123
(4) (ar) 1. Avoid interference with an investigation of the elder adult
18at risk under s. 46.90 or the adult at risk under s. 55.043, the delivery of protective
19services to the individual at risk under s. 55.05 or a protective placement of the
20individual at risk under
s. 55.06 ch. 55, or the delivery of services to the elder adult
21at risk under s. 46.90 (5m).
SB731,36,224
813.123
(5) (a) (intro.) Unless the individual at risk, guardian, or guardian ad
25litem consents in writing to a contact and the judge agrees that the contact is in the
1best interests of the individual at risk, a judge may grant an injunction ordering the
2respondent, as specified in par. (ar), if all of the following occur:
SB731,36,95
813.123
(5) (ar) 1. Avoid interference with an investigation of the elder adult
6at risk under s. 46.90 or the adult at risk under s. 55.043, the delivery of protective
7services to the individual at risk under s. 55.05 or a protective placement of the
8individual at risk under
s. 55.06 ch. 55, or the delivery of services to the elder adult
9at risk under s. 46.90 (5m).
SB731,36,1912
813.123
(6) (c) That the respondent interfered with or, based on prior conduct
13of the respondent, may interfere with an investigation of the elder adult at risk under
14s. 46.90 (5), an investigation of the adult at risk under s. 55.043, the delivery of
15protective services to, or a protective placement of, the individual at risk under ch.
1655, or the delivery of services to the elder adult at risk under s. 46.90 (5m); or that
17the respondent engaged in, or threatened to engage in, the abuse, financial
18exploitation, neglect, stalking, or harassment of an individual at risk or
19mistreatment of an animal.
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813.123
(7) Interference order. Any order under sub. (4) (ar) 1. or 2. or (5)
23(ar) 1. or 2. also shall prohibit the respondent from intentionally preventing a
24representative or employee of the county protective services agency from meeting,
1communicating or being in visual or audio contact with the adult at risk, except as
2provided in the order.
SB731,37,85
940.285
(1m) Exception. Nothing in this section may be construed to mean
6that
a vulnerable adult an individual at risk is abused solely because he or she
7consistently relies upon treatment by spiritual means through prayer for healing, in
8lieu of medical care, in accordance with his or her religious tradition.
SB731, s. 99
9Section
99. 940.295 (1) (cr) of the statutes is created to read:
SB731,37,1010
940.295
(1) (cr) "Elder adult at risk" has the meaning given in s. 46.90 (1) (br).
SB731, s. 100
11Section
100. 940.295 (1) (hr) of the statutes is created to read:
SB731,37,1312
940.295
(1) (hr) "Individual at risk" means an elder adult at risk or an adult
13at risk.
SB731,37,1715[
2005 Wisconsin Act 387] Section 585
Effective dates. (intro.) This act takes
16effect on
the first day of the 7th month beginning after publication November 1, 2006,
17except as follows:
SB731,37,2120[
2005 Wisconsin Act 388] Section 252m (1) This act takes effect on
the first day
21of the 7th month beginning after publication November 1, 2006.
SB731,37,2423
(1) The treatment of sections 51.01 (3g), 55.06 (2) (c) and (11) (a), and 880.01
24(2), (4), and (5) of the statutes by
2005 Wisconsin Act 388 is void.
SB731,38,3
1(2) The treatment of sections 55.03, 55.05 (2) (d) and (5) (b) 1. and 2., 55.06 (1)
2(intro.) and (a), (2) (b), (3) (c), (4), (5), (6), (8) (c), (10) (c), (14), and (17) (b), and 813.123
3(3) (b) 1. of the statutes by
2005 Wisconsin Act 387 is void.
SB731,38,64
(3) The treatment of sections 880.01 (5) and (7m), 880.24 (3) (a) and (b), 880.33
5(2) (e), 940.285 (1) (a) and (b), and 940.295 (1) (hm) of the statutes by
2005 Wisconsin
6Act 264 is void.
SB731,38,88
(1) This act takes effect on November 1, 2006.