AB279, s. 41 21Section 41. 54.25 (4) (a) of the statutes is repealed.
AB279, s. 42 22Section 42. 54.25 (4) (b) of the statutes is renumbered 54.25 (2) (d) 2. ab. and
23and amended to read:
AB279,19,1724 54.25 (2) (d) 2. ab. A guardian may, without court approval, Except as provided
25under subd. 2. b., c., and d., and except for consent to psychiatric treatment and

1medication under ch. 51, and subject to any limitation under s. 54.46 (2) (b), the
2power to
give an informed consent to the voluntary receipt by the guardian's ward
3of a medical examination, medication, including any appropriate psychotropic
4medication, and medical treatment that is in the ward's best interest, if the guardian
5has first made a good-faith attempt to discuss with the ward the voluntary receipt
6of the examination, medication, or treatment and if the ward does not protest. For
7purposes of this subd. 2. ab., "protest" means, with respect to the voluntary receipt
8of a medical examination, medication, including appropriate psychotropic
9medication, or medical treatment, make more than one discernible negative
10response, other than mere silence, to the offer of, recommendation for, or other
11proffering of voluntary receipt of the medical examination, medication, or medical
12treatment. "Protest" does not mean a discernible negative response to a proposed
13method of administration of the medical examination, medication, or medical
14treatment. In determining whether a medical examination, medication, or medical
15treatment is in the ward's best interest, the guardian shall consider the invasiveness
16of the medical examination, medication, or treatment and the likely benefits and side
17effects of the medical examination, medication, or treatment.
AB279, s. 43 18Section 43. 54.36 (1) of the statutes, as affected by 2005 Wisconsin Acts 264
19and 387, is repealed and recreated to read:
AB279,20,1720 54.36 (1) Whenever it is proposed to appoint a guardian on the ground that a
21proposed ward allegedly has incompetency or is a spendthrift, a physician or
22psychologist, or both, shall examine the proposed ward and furnish a written report
23stating the physician's or psychologist's professional opinion regarding the presence
24and likely duration of any medical or other condition causing the proposed ward to
25have incapacity or to be a spendthrift. The privilege under s. 905.04 does not apply

1to the report. The petitioner shall provide a copy of the report to the proposed ward
2or his or her counsel, the guardian ad litem, and the petitioner's attorney, if any.
3Prior to the examination on which the report is based, the guardian ad litem,
4physician, or psychologist shall inform the proposed ward that statements made by
5the proposed ward may be used as a basis for a finding of incompetency or a finding
6that he or she is a spendthrift, that he or she has a right to refuse to participate in
7the examination, absent a court order, or speak to the physician or psychologist, and
8that the physician or psychologist is required to report to the court even if the
9proposed ward does not speak to the physician or psychologist. The issuance of such
10a warning to the proposed ward prior to each examination establishes a presumption
11that the proposed ward understands that he or she need not speak to the physician
12or psychologist. Nothing in this section prohibits the use of a report by a physician
13or psychologist that is based on an examination of the proposed ward by the
14physician or psychologist before filing the petition for appointment of a guardian, but
15the court will consider the recency of the report in determining whether the report
16sufficiently describes the proposed ward's current state and in determining the
17weight to be given to the report.
AB279, s. 44 18Section 44. 54.38 (2) (a) of the statutes, as affected by 2005 Wisconsin Acts 264
19and 387, is repealed and recreated to read:
AB279,21,420 54.38 (2) (a) On the proposed ward or ward by personal service and an existing
21guardian, if any, by personal service or by registered or certified mail at least 10 days
22before the time set for hearing. If the proposed ward or ward is in custody or
23confinement, the petitioner shall have notice served by registered or certified mail
24on the proposed ward's or ward's custodian, who shall immediately serve it on the
25proposed ward or ward. The process server or custodian shall inform the proposed

1ward or ward of the complete contents of the notice and petition, motion, or other
2required document; certify on the notice that the process server or custodian served
3and informed the proposed ward or ward; and return the certificate and notice to the
4court.
AB279, s. 45 5Section 45. 54.40 (1) of the statutes, as affected by 2005 Wisconsin Acts 264
6and 387, is repealed and recreated to read:
AB279,21,157 54.40 (1) Appointment. The court shall appoint a guardian ad litem when a
8petition for appointment of a guardian is brought under s. 54.34 (1), when a petition
9for receipt and acceptance of a foreign guardianship is brought under s. 54.34 (3), to
10review the scope of a guardianship, to provide protective placement to an individual
11or order protective services under ch. 55, to review any protective placement under
12s. 55.18, to terminate a protective placement under s. 55.17, to expand an order of
13guardianship under s. 54.63, to review incompetency and terminate a guardianship
14under s. 54.64, to review the conduct of a guardian under s. 54.68, or at any other time
15that the court determines it is necessary.
AB279, s. 46 16Section 46. 54.40 (4) (am) of the statutes is repealed.
AB279, s. 47 17Section 47. 54.40 (4) (ar) of the statutes is repealed.
AB279, s. 48 18Section 48. 54.40 (4) (c) of the statutes is amended to read:
AB279,21,2219 54.40 (4) (c) Interview the proposed guardian, the proposed standby guardian,
20if any, and any other person seeking appointment as guardian and report to the court
21concerning the suitability of each individual interviewed to serve as guardian and
22concerning the report statement under s. 54.15 (8).
AB279, s. 49 23Section 49. 54.40 (4) (dm) of the statutes is repealed.
AB279, s. 50 24Section 50. 54.40 (4) (ds) of the statutes is amended to read:
AB279,22,4
154.40 (4) (ds) Notify the guardian of the right to be present at and participate
2in the hearing, to present and cross-examine witnesses, to receive a copy of any
3evaluation under s. 55.11 (1) (intro.) or (2), and to secure and present a report on an
4independent evaluation under s. 880.33 (2) (b) s. 54.42 (3).
AB279, s. 51 5Section 51. 54.42 (1) (a) (intro.) of the statutes, as affected by 2005 Wisconsin
6Acts 264
and 387, is repealed and recreated to read:
AB279,22,87 54.42 (1) (a) (intro.) The proposed ward or ward has the right to counsel, if any
8of the following occurs:
AB279, s. 52 9Section 52. 54.42 (1) (c) of the statutes, as affected by 2005 Wisconsin Acts 264
10and 387, is repealed and recreated to read:
AB279,22,1511 54.42 (1) (c) If par. (a) 1., 2., or 3. applies but the proposed ward or ward is
12unable to obtain legal counsel, the court shall appoint legal counsel. If the proposed
13ward or ward is represented by counsel appointed under s. 977.08 in a proceeding
14under a petition for protective placement brought under s. 55.075, the court shall
15order the counsel appointed under s. 977.08 to represent the proposed ward or ward.
AB279, s. 53 16Section 53. 54.44 (1) (a) of the statutes is amended to read:
AB279,22,2117 54.44 (1) (a) Time of hearing for petition. A petition for guardianship, other
18than a petition under par. (b) or (c) or s. 54.50 (1), shall be heard within 90 days after
19it is filed. The guardian ad litem and attorney for the proposed ward or ward shall
20be provided with a copy of the report of the examining physician or psychologist
21under s. 54.36 (1) at least 96 hours before the time of the hearing.
AB279, s. 54 22Section 54. 54.44 (2) of the statutes is amended to read:
AB279,22,2523 54.44 (2) Standard of proof. Any determination by the court as to whether the
24proposed ward or ward is a minor, is incompetent, or is a spendthrift shall be by clear
25and convincing evidence.
AB279, s. 55
1Section 55. 54.44 (4) (title) of the statutes is amended to read:
AB279,23,22 54.44 (4) (title) Presence of proposed ward or ward.
AB279, s. 56 3Section 56. 54.44 (4) (a) of the statutes is amended to read:
AB279,23,164 54.44 (4) (a) Adult proposed ward or ward. The petitioner shall ensure that
5the proposed ward or ward attends the hearing unless the attendance is waived by
6the guardian ad litem. In determining whether to waive attendance by the proposed
7ward or ward, the guardian ad litem shall consider the ability of the proposed ward
8or ward to understand and meaningfully participate, the effect of the proposed
9ward's
attendance of the proposed ward or ward on his or her physical or
10psychological health in relation to the importance of the proceeding, and the
11proposed ward's expressed desires of the proposed ward or ward. If the proposed
12ward or ward is unable to attend the hearing because of residency in a nursing home
13or other facility, physical inaccessibility, or a lack of transportation and if the
14proposed ward or ward, guardian ad litem, advocate counsel, or other interested
15person so requests, the court shall hold the hearing in a place where the proposed
16ward or ward may attend.
AB279, s. 57 17Section 57. 54.44 (4) (b) of the statutes is amended to read:
AB279,23,1918 54.44 (4) (b) Minor proposed ward or ward. A minor proposed ward or ward
19is not required to attend the hearing.
AB279, s. 58 20Section 58. 54.44 (5) of the statutes is created to read:
AB279,23,2521 54.44 (5) Privacy of hearing. Every hearing under this chapter shall be closed,
22unless the proposed ward or ward or his or her attorney acting with the proposed
23ward's or ward's consent or the attorney for a foreign ward moves that it be open. If
24the hearing is closed, only interested persons, their attorneys, and witnesses may be
25present.
AB279, s. 59
1Section 59. 54.44 (5m) (title) of the statutes is created to read:
AB279,24,22 54.44 (5m) (title) Participation by interested persons.
AB279, s. 60 3Section 60. 54.46 (3) (a) of the statutes, as affected by 2005 Wisconsin Acts 264
4and 387, is repealed and recreated to read:
AB279,24,85 54.46 (3) (a) Petitioner's attorney fees and costs. If a guardian is appointed, the
6court shall award from the ward's income and assets payment of the petitioner's
7reasonable attorney fees and costs unless the court finds, after considering all of the
8following, that it would be inequitable to do so:
AB279,24,109 1. The petitioner's interest in the matter, including any conflict of interest that
10the petitioner may have had in pursuing the guardianship.
AB279,24,1211 2. The ability of the ward's estate to pay the petitioner's reasonable attorney
12fees and costs.
AB279,24,1313 3. Whether the guardianship was contested and, if so, the nature of the contest.
AB279,24,1614 4. Whether the ward had executed a durable power of attorney under s. 243.07
15or a power of attorney for health care under s. 155.05 or had engaged in other advance
16planning for financial and health care decision making.
AB279,24,1717 5. Any other factors that the court considers to be relevant.
AB279, s. 61 18Section 61. 54.48 of the statutes, as affected by 2005 Wisconsin Acts 264 and
19387, is amended to read:
AB279,24,24 2054.48 Protective placement and protective services. A finding of
21incompetency and appointment of a guardian under this chapter is not grounds for
22involuntary protective placement or the provision of protective services. Protective
23A protective placement and the provision of protective services may be made only in
24accordance with ch. 55.
AB279, s. 62 25Section 62. 54.52 (2) of the statutes is amended to read:
AB279,25,13
154.52 (2) At any hearing conducted under this section the court may designate
2one or more standby guardians of the person or estate whose appointment shall
3become effective immediately upon the death, unwillingness, or inability to act, or
4resignation or court's removal of the initially appointed guardian or during a period,
5as determined by the initially appointed guardian, when the initially appointed
6guardian or the court is temporarily unable to fulfill his or her duties, including
7during an extended vacation or illness. The powers and duties of the standby
8guardian shall be the same as those of the initially appointed guardian. The standby
9guardian shall receive a copy of the court order establishing or modifying the initial
10guardianship, and the order designating the standby guardian. Upon assuming
11office, the standby guardian shall so notify the court. Upon notification, the court
12shall issue new letters of guardianship that specify that the standby guardianship
13is permanent or that specify the time period for a limited standby guardianship.
AB279, s. 63 14Section 63. 54.62 (1) (title) of the statutes is amended to read:
AB279,25,1515 54.62 (1) (title) Annual reports accounts.
AB279, s. 64 16Section 64. 54.64 (3) (a) of the statutes is amended to read:
AB279,25,2017 54.64 (3) (a) The court adjudicates a ward who was formerly found to be
18incompetent to be no longer incompetent or a ward who was formerly found to be a
19spendthrift to be capable of handling his or her income and assets,
or terminates the
20guardianship under sub. (2) (d).
AB279, s. 65 21Section 65. 54.75 of the statutes, as affected by 2005 Wisconsin Acts 264 and
22387, is repealed and recreated to read:
AB279,26,3 2354.75 Access to court records. All court records pertinent to the finding of
24incompetency are closed but subject to access as provided in s. 51.30 or 55.22 or under
25an order of a court under this chapter. The fact that an individual has been found

1incompetent and the name of and contact information for the guardian is accessible
2to any person who demonstrates to the custodian of the records a need for that
3information.
AB279, s. 66 4Section 66. 54.93 (1) (b) of the statutes is amended to read:
AB279,26,85 54.93 (1) (b) In this section, "3rd party" is means a person other than a bank,
6broker, transfer agent or issuer who with respect to a security held by an incompetent
7or spendthrift effects a transaction otherwise than directly with the incompetent or
8spendthrift.
AB279, s. 67 9Section 67. 55.01 (1f) of the statutes is amended to read:
AB279,26,1310 55.01 (1f) "Adult-at-risk agency" means the agency designated by the county
11board of supervisors under s. 55.043 (1) s. 55.043 (1d) to receive, respond to, and
12investigate reports of abuse, neglect, self-neglect, and financial exploitation under
13s. 55.043.
AB279, s. 68 14Section 68 . 55.01 (1v) of the statutes, as created by 2005 Wisconsin Acts 264,
15387 and 388, is repealed and recreated to read:
AB279,26,1916 55.01 (1v) "Degenerative brain disorder" means the loss or dysfunction of brain
17cells to the extent that the individual is substantially impaired in his or her ability
18to provide adequately for his or her own care or custody or to manage adequately his
19or her property or financial affairs.
AB279, s. 69 20Section 69. 55.01 (2) of the statutes, as affected by 2005 Wisconsin Acts 264
21and 388, is repealed and recreated to read:
AB279,27,422 55.01 (2) "Developmental disability" means a disability attributable to mental
23retardation, cerebral palsy, epilepsy, autism or another neurological condition
24closely related to mental retardation or requiring treatment similar to that required
25for individuals with mental retardation, which has continued or can be expected to

1continue indefinitely, substantially impairs an individual from adequately providing
2for his or her own care or custody, and constitutes a substantial handicap to the
3afflicted individual. The term does not include dementia that is primarily caused by
4degenerative brain disorder.
AB279, s. 70 5Section 70. 55.01 (6p) of the statutes is amended to read:
AB279,27,76 55.01 (6p) "Protective placement unit" means a ward, wing, or other
7designated part of a protective placement facility.
AB279, s. 71 8Section 71. 55.01 (6r) (k) of the statutes is amended to read:
AB279,27,149 55.01 (6r) (k) Any services that, when provided to an individual with
10developmental disabilities, degenerative brain disorder, serious and persistent
11mental illness, or other like incapacity, keep the individual safe from abuse, financial
12exploitation,
neglect, or misappropriation of property self-neglect or prevent the
13individual from experiencing deterioration or from inflicting harm on himself or
14herself or another person.
AB279, s. 72 15Section 72. 55.01 (6v) of the statutes, as created by 2005 Wisconsin Acts 264
16and 387, is repealed and recreated to read:
AB279,27,2517 55.01 (6v) "Serious and persistent mental illness" means a mental illness that
18is severe in degree and persistent in duration, that causes a substantially diminished
19level of functioning in the primary aspects of daily living and an inability to cope with
20the ordinary demands of life, that may lead to an inability to maintain stable
21adjustment and independent functioning without long-term treatment and support,
22and that may be of lifelong duration. "Serious and persistent mental illness" includes
23schizophrenia as well as a wide spectrum of psychotic and other severely disabling
24psychiatric diagnostic categories, but does not include degenerative brain disorder
25or a primary diagnosis of a developmental disability or of alcohol or drug dependence.
AB279, s. 73
1Section 73. 55.02 of the statutes, as affected by 2005 Wisconsin Acts 264, 387
2and 388, is repealed and recreated to read:
AB279,28,4 355.02 Protective services and protective placement: duties. (1)
4Department duties. (a) The department shall do all of the following:
AB279,28,85 1. Cooperate with county departments to develop and operate a coordinated,
6statewide system for protective services and protective placement. The protective
7services and protective placement system shall be designed to encourage
8independent living and to avoid protective placement whenever possible.
AB279,28,109 2. Monitor and supervise the implementation and operation of the protective
10services and protective placement system.
AB279,28,1211 3. Provide technical assistance to county departments providing protective
12services and protective placement.
AB279,28,1313 4. Evaluate the protective services and protective placement system.
AB279,28,1514 (b) The department may provide protective services and protective placement
15directly or contract for the provision of protective services or protective placement.
AB279,28,23 16(2) County department duties. (a) The chairperson of each county board of
17supervisors shall designate a county department under s. 46.215, 46.22, 46.23, 51.42,
18or 51.437 that is providing services in the county on its own or through a joint
19mechanism with another county department or county to have the responsibility for
20planning for the provision of protective services and protective placement and for
21directly providing protective services, protective placement, or both, or entering into
22a contract under s. 46.036 with a responsible agency for the provision of protective
23services, protective placement, or both.
AB279,28,2524 (b) In addition to the responsibilities specified in par. (a), the county
25department shall:
AB279,29,1
11. Monitor and evaluate protective services and protective placements.
AB279,29,32 2. Prepare and submit reports required by the department, or by a court if
3protective services or protective placement are ordered by a court.
AB279,29,54 3. Develop requirements for submittal by guardians of the person of reports to
5the county department under s. 54.25 (1) (a).
AB279,29,86 4. Designate at least one appropriate medical facility or protective placement
7facility as an intake facility for the purpose of emergency protective placements
8under s. 55.135.
AB279,29,11 9(3) Corporation counsel. The corporation counsel of the county in which the
10petition is brought may or, if requested by the court, shall assist in conducting
11proceedings under this chapter.
AB279, s. 74 12Section 74. 55.03 (1) of the statutes, as affected by 2005 Wisconsin Acts 264
13and 387, is repealed and recreated to read:
AB279,29,1614 55.03 (1) Agency as both guardian and provider prohibited. No agency acting
15as a guardian appointed under ch. 880, 2003 stats., or ch. 54 may be a provider of
16protective services or protective placement for its ward under this chapter.
AB279, s. 75 17Section 75. 55.03 (3) of the statutes is amended to read:
AB279,29,2218 55.03 (3) Guardian authority and responsibility applicable to parent of
19minor.
Where any responsibility or authority is created under this chapter upon or
20in relation to a guardian, the responsibility or authority is deemed to apply to a
21parent or person in the place of a parent in the case of a minor who is or who is alleged
22to be developmentally disabled have a developmental disability.
AB279, s. 76 23Section 76. 55.043 (1r) (a) 2. of the statutes is amended to read:
AB279,30,924 55.043 (1r) (a) 2. If an agent or employee of an adult-at-risk agency required
25to refer under this subsection is the subject of a report, or if the adult-at-risk agency

1or an agency under contract with the county department determines that the
2relationship between the adult-at-risk agency and the agency under contract with
3the county department would not allow for an unbiased response, the adult-at-risk
4agency shall, after taking any action necessary to protect the adult at risk, notify the
5department. Upon receipt of the notice, the department or a county department
6under s. 46.215, 46.22, 51.42, or 51.437 designated by the department shall conduct
7an independent investigation. The powers and duties of a county department
8making the independent investigation are those given to an adult-at-risk agency
9under pars. (b) to (g) pars. (b) to (d) and sub. (6).
AB279, s. 77 10Section 77. 55.043 (1r) (b) 2. of the statutes, as affected by 2005 Wisconsin Acts
11264
and 388, is repealed and recreated to read:
AB279,30,1412 55.043 (1r) (b) 2. Observation of or an interview with the adult at risk, in
13private to the extent practicable, and with or without consent of his or her guardian
14or agent under an activated power of attorney for health care, if any.
AB279, s. 78 15Section 78. 55.043 (1r) (c) 2. c. of the statutes, as affected by 2005 Wisconsin
16Acts 264
and 388, is repealed and recreated to read:
AB279,30,1717 55.043 (1r) (c) 2. c. The examination is authorized by order of a court.
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