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22387, is repealed and recreated to read: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.
AB279, s. 79 18Section 79. 55.043 (4) (am) of the statutes is amended to read:
AB279,30,2419 55.043 (4) (am) Upon responding to a report, the adult-at-risk agency or the
20investigative agency shall determine whether the adult at risk or any other
21individual involved in the alleged abuse, financial exploitation, neglect, or
22self-neglect is in need of services under this chapter or ch. 46, 47, 59, 51, or 880 ch.
2346, 47, 49, 51,
and or 54. If provided, direct services shall be rendered under the least
24restrictive conditions necessary to achieve their objective.
AB279, s. 80
1Section 80. 55.043 (4) (b) 1. of the statutes, as affected by 2005 Wisconsin Acts
2264
and 388, is amended to read:
AB279,31,43 55.043 (4) (b) 1. Initiate a protective services,, action or contact an investigative
4agency, as appropriate.
AB279, s. 81 5Section 81. 55.043 (4) (b) 2. of the statutes, as affected by 2005 Wisconsin Acts
6264
and 388, is repealed and recreated to read:
AB279,31,117 55.043 (4) (b) 2. Take appropriate emergency action, including provision of
8emergency protective services under s. 55.13 or emergency protective placement
9under s. 55.135, if the adult-at-risk agency considers that the emergency action is
10in the best interests of the adult at risk and the emergency action is the least
11restrictive appropriate intervention.
AB279, s. 82 12Section 82. 55.043 (6) (bt) 8. of the statutes is amended to read:
AB279,31,1613 55.043 (6) (bt) 8. To the attorney or guardian ad litem for the adult at risk who
14is the alleged victim named in the record, to assist in preparing for any proceeding
15under ch. 48, 51, 55, 813, 880, 971, or 975 this chapter or ch. 48, 51, 54, 813, 971, or
16975
pertaining to the alleged victim.
AB279, s. 83 17Section 83. 55.055 (1) (a) of the statutes, as affected by 2005 Wisconsin Acts
18264
and 387, is repealed and recreated to read:
AB279,31,2519 55.055 (1) (a) The guardian of an individual who has been adjudicated
20incompetent may consent to the individual's admission to a foster home, group home,
21or community-based residential facility, as defined under s. 50.01 (1g), without a
22protective placement order under s. 55.12 if the home or facility is licensed for fewer
23than 16 beds. Prior to providing that consent, and annually thereafter, the guardian
24shall review the ward's right to the least restrictive residential environment and may
25consent only to admission to a home or facility that implements that right.
AB279, s. 84
1Section 84. 55.055 (1) (b) of the statutes, as affected by 2005 Wisconsin Acts
2264
and 387, is repealed and recreated to read:
AB279,32,183 55.055 (1) (b) The guardian of an individual who has been adjudicated
4incompetent may consent to the individual's admission to a nursing home or other
5facility not specified in par. (a) for which protective placement is otherwise required
6for a period not to exceed 60 days. In order to be admitted under this paragraph, the
7individual must be in need of recuperative care or be unable to provide for his or her
8own care or safety so as to create a serious risk of substantial harm to himself or
9herself or others. Prior to providing that consent, the guardian shall review the
10ward's right to the least restrictive residential environment and consent only to
11admission to a nursing home or other facility that implements that right. Following
12the 60-day period, the admission may be extended for an additional 60 days if a
13petition for protective placement under s. 55.075 has been brought, or, if no petition
14for protective placement under s. 55.075 has been brought, for an additional 30 days
15for the purpose of allowing the initiation of discharge planning for the individual.
16Admission under this paragraph is not permitted for an individual for whom the
17primary purpose of admission is for treatment or services related to the individual's
18mental illness or developmental disability.
AB279, s. 85 19Section 85. 55.055 (3) (c) of the statutes is repealed and recreated to read:
AB279,33,220 55.055 (3) (c) Comply with s. 55.135, if the individual satisfies all criteria under
21s. 55.135 (1) and emergency placement in that home, nursing home, or other facility
22or another home, nursing home, or other facility is necessary, or file a petition for
23protective placement under s. 55.075. The court, with the permission of the home,
24nursing home, or other facility, may order the individual to remain in the home,

1nursing home, or other facility pending the outcome of the protective placement
2proceedings.
AB279, s. 86 3Section 86. 55.06 of the statutes, as affected by 2005 Wisconsin Acts 264 and
4387, is repealed and recreated to read:
AB279,33,17 555.06 Protective services and protective placement; eligibility. To be
6eligible for court-ordered protective placement or protective services, an individual
7shall have filed a petition to transfer a foreign guardianship, whether present in the
8state or not, or shall be a resident of the state; and shall have a need for protective
9placement or protective services. The individual shall have attained the age of 18,
10but an individual who is alleged to have a developmental disability may receive
11protective placement or protective services upon attaining the age of 14. Protective
12placement or protective services may be ordered under this chapter only for an
13individual who is adjudicated incompetent in this state or for a minor who is alleged
14to have a developmental disability, and only if there is a finding of a need for
15protective placement under s. 55.08 (1), and ss. 55.055 (5), 55.13, and 55.135 are
16inappropriate or do not apply. A procedure for court-ordered protective placement
17or protective services may be initiated 6 months before a minor attains age 18.
AB279, s. 87 18Section 87. 55.075 (1) of the statutes, as affected by 2005 Wisconsin Acts 264
19and 387, is amended to read:
AB279,33,2520 55.075 (1) Who may petition. The department, the county department or an
21agency with which the county department contracts under s. 55.02 (2), a guardian,
22or an interested person may file a petition for appointment of a guardian and for
23protective services or protective placement for an the individual. The department
24shall provide for a schedule of reimbursement for the cost of the proceedings based
25upon the ability to pay of the proposed ward or individual to be protected.
AB279, s. 88
1Section 88. 55.075 (3) of the statutes, as affected by 2005 Wisconsin Acts 264
2and 387, is amended to read:
AB279,34,83 55.075 (3) Petition for guardianship; review of incompetency. A petition for
4guardianship described in s. 55.08 (1) (b) or (2) (a) shall be heard prior to ordering
5protective placement or protective services. If the individual is incompetent
6adjudicated incompetent in this state more than 12 months before the filing of an
7application for protective placement or protective services on his or her behalf, the
8court shall review the finding of incompetency.
AB279, s. 89 9Section 89. 55.075 (5) (a) of the statutes, as affected by 2005 Wisconsin Acts
10264
and 387, is repealed and recreated to read:
AB279,34,2011 55.075 (5) (a) A petition under sub. (1) shall be filed in the county of residence
12of the individual to be protected, as determined under s. 51.40 or by the individual's
13guardian or where the individual is physically present due to extraordinary
14circumstances including those specified under s. 51.22 (4). If an individual has not
15received services under this chapter or ch. 46 or 51 or if an individual has received
16services under this chapter or ch. 46 or 51 that have been terminated and has
17established residence in a county other than that in which the individual resided
18when the services were received, the court may determine the individual's county of
19residence. The county of residence under this paragraph is the county of
20responsibility.
AB279, s. 90 21Section 90. 55.075 (5) (bm) of the statutes is amended to read:
AB279,35,1122 55.075 (5) (bm) The court in which a petition is first filed under par. (c) par. (a)
23shall determine venue. The court shall direct that proper notice be given to any
24potentially responsible or affected county. Proper notice is given to a potentially
25responsible or affected county if written notice of the proceeding is sent by certified

1mail to the county's clerk and corporation counsel. After all potentially responsible
2or affected counties and parties have been given an opportunity to be heard, the court
3shall determine that venue lies in the county in which the petition is filed under par.
4(c)
par. (a) or in another county, as appropriate. If the court determines that venue
5lies in another county, the court shall order the entire record certified to the proper
6court. A court in which a subsequent petition is filed shall, upon being satisfied of
7an earlier filing in another court, summarily dismiss the subsequent petition. If any
8potentially responsible or affected county or party objects to the court's finding of
9venue, the court may refer the issue to the department for a determination of the
10county of residence under s. 51.40 (2) (g) and may suspend ruling on the motion for
11change of venue until the determination under s. 51.40 (2) (g) is final.
AB279, s. 91 12Section 91. 55.08 (1) (b) of the statutes, as affected by 2005 Wisconsin Acts 264
13and 387, is repealed and recreated to read:
AB279,35,1714 55.08 (1) (b) The individual is a minor who is not alleged to have a
15developmental disability and on whose behalf a petition for guardianship has been
16submitted, or is an adult who has been determined to be incompetent by a circuit
17court.
AB279, s. 92 18Section 92. 55.08 (1) (c) of the statutes, as affected by 2005 Wisconsin Acts 264
19and 388, is repealed and recreated to read:
AB279,35,2420 55.08 (1) (c) As a result of developmental disability, degenerative brain
21disorder, serious and persistent mental illness, or other like incapacities, the
22individual is so totally incapable of providing for his or her own care or custody as
23to create a substantial risk of serious harm to himself or herself or others. Serious
24harm may be evidenced by overt acts or acts of omission.
AB279, s. 93 25Section 93. 55.08 (2) (a) of the statutes is amended to read:
AB279,36,4
155.08 (2) (a) The individual has been determined to be incompetent by a circuit
2court or is a minor who is alleged to be developmentally disabled have a
3developmental disability
and on whose behalf a petition for a guardianship has been
4submitted.
AB279, s. 94 5Section 94. 55.08 (2) (b) of the statutes is amended to read:
AB279,36,106 55.08 (2) (b) As a result of developmental disabilities disability, degenerative
7brain disorder, serious and persistent mental illness, or other like incapacities, the
8individual will incur a substantial risk of physical harm or deterioration or will
9present a substantial risk of physical harm to others if protective services are not
10provided.
AB279, s. 95 11Section 95. 55.09 (1) of the statutes, as affected by 2005 Wisconsin Acts 264
12and 387, is amended to read:
AB279,36,1913 55.09 (1) Notice to individual. Notice of a petition for protective placement
14or protective services shall be served upon the individual sought to be protected, by
15personal service, at least 10 days before the time set for a hearing. The person
16serving the notice shall inform the individual sought to be protected of the complete
17contents of the notice and shall return a certificate to the circuit judge verifying that
18the petition has been delivered and notice given. The notice shall include the names
19of all petitioners. individual adjudicated for a determination of incompetency
AB279, s. 96 20Section 96. 55.10 (4) (intro.) of the statutes is amended to read:
AB279,36,2421 55.10 (4) Rights. (intro.) The Sections 54.42, 54.44, and 54.46 and the
22following provisions apply to all hearings under this chapter except transfers of
23placement under s. 55.15 and summary hearings under ss. 55.18 (3) (d) and 55.19 (3)
24(d):
AB279, s. 97 25Section 97. 55.10 (4) (a) of the statutes is amended to read:
AB279,37,18
155.10 (4) (a) Counsel; costs. The individual sought to be protected has the right
2to counsel whether or not the individual is present at the hearing on the petition.
3The court shall require representation by full legal counsel whenever the petition
4alleges that the individual is not competent to refuse psychotropic medication under
5s. 55.14, the individual sought to be protected requested such representation at least
672 hours before the hearing, the guardian ad litem or any other person states that
7the individual sought to be protected is opposed to the petition, or the court
8determines that the interests of justice require it. If the individual sought to be
9protected or any other person on his or her behalf requests but is unable to obtain
10legal counsel, the court shall appoint legal counsel. Counsel shall be provided at
11public expense, as provided under s. 967.06 and ch. 977, if the individual is indigent.
12If the individual sought to be protected is an adult who is indigent, and if counsel was
13not appointed under s. 977.08, the county in which the hearing is held is liable for
14any fees due the individual's legal counsel. If the individual sought to be protected
15is represented by counsel appointed under s. 977.08 in a proceeding for the
16appointment of a guardian under s. 880.33 ch. 54, the court shall order the counsel
17appointed under s. 977.08 to represent under this section the individual sought to
18be protected.
AB279, s. 98 19Section 98. 55.10 (4) (b) of the statutes, as affected by 2005 Wisconsin Acts 264
20and 387, is repealed and recreated to read:
AB279,38,1121 55.10 (4) (b) Guardian ad litem; costs. The court shall in all cases require the
22appointment of an attorney as guardian ad litem in accordance with s. 757.48 (1).
23The responsibilities and duties of a guardian ad litem on behalf of a proposed ward
24or individual who is alleged incompetent specified in s. 54.40 apply to a guardian ad
25litem appointed in a proceeding for protective services or protective placement on

1behalf of an individual sought to be protected. If a guardian has been appointed for
2an individual who is the subject of a petition for court-ordered protective placement
3or protective services, the guardian ad litem shall interview the guardian. The
4guardian ad litem shall be present at all hearings under this chapter if the individual
5sought to be protected does not have full legal counsel. The court may, however,
6excuse a personal appearance by a guardian ad litem based on information contained
7in a written report by the guardian ad litem to the court. If the individual sought to
8be protected is an adult who is indigent, the county shall be liable for any fees due
9the guardian ad litem. If the individual sought to be protected is a minor, the minor's
10parents or the county in which the hearing is held shall be liable for any fees due the
11guardian ad litem as provided in s. 48.235 (8).
AB279, s. 99 12Section 99 . 55.11 (1) (c) of the statutes, as affected by 2005 Wisconsin Acts 264
13and 387, is repealed and recreated to read:
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