April 23, 2007 - Introduced by Representatives Townsend, Jeskewitz, Hahn, M.
Williams, Hines, Pridemore, Musser, Berceau, Strachota, Mursau,
Petrowski, Sherman
and Krusick, cosponsored by Senators Olsen, Miller,
Erpenbach, Roessler, Risser
and Plale. Referred to Committee on Aging and
Long Term Care.
AB279,2,22 1An Act to repeal 54.25 (4) (a), 54.40 (4) (am), 54.40 (4) (ar), 54.40 (4) (dm) and
2146.40 (1) (am); to renumber and amend 54.25 (2) (d) 2. a. and 54.25 (4) (b);
3to consolidate and renumber 54.25 (2) (c) 4. and 5.; to amend 46.90 (1) (eg)
41., 46.90 (1) (eg) 2., 46.90 (1) (eg) 3., 46.90 (5m) (a), 46.90 (5m) (br) 2., 46.90 (6)
5(bt) 8., 48.368 (1), 48.415 (3) (a), 50.06 (2) (d) 3., 51.30 (4) (b) 17., 54.01 (13), 54.10
6(3) (d), 54.15 (intro.), 54.15 (5), 54.15 (6), 54.19 (1), 54.19 (8), 54.25 (2) (b) 4.,
754.25 (2) (d) 2. n., 54.40 (4) (c), 54.40 (4) (ds), 54.44 (1) (a), 54.44 (2), 54.44 (4)
8(title), 54.44 (4) (a), 54.44 (4) (b), 54.48, 54.52 (2), 54.62 (1) (title), 54.64 (3) (a),
954.93 (1) (b), 55.01 (1f), 55.01 (6p), 55.01 (6r) (k), 55.03 (3), 55.043 (1r) (a) 2.,
1055.043 (4) (am), 55.043 (4) (b) 1., 55.043 (6) (bt) 8., 55.075 (1), 55.075 (3), 55.075
11(5) (bm), 55.08 (2) (a), 55.08 (2) (b), 55.09 (1), 55.10 (4) (intro.), 55.10 (4) (a), 55.12
12(6), 55.13 (2), 55.135 (4), 55.135 (5), 55.15 (2), 55.16 (3) (c), 55.17 (1), 55.18 (1)
13(b), 55.18 (2) (a), 55.18 (2) (b) 6., 55.18 (2) (f) 4., 55.18 (3) (a), 55.18 (3) (d) (intro.),
1455.195 (4), 55.195 (5), 55.195 (6), 560.9811 (1), 813.123 (2) (b), 813.123 (4) (ar)

11., 813.123 (5) (a) 3. b., 813.123 (5) (ar) 1., 813.123 (5) (c) 1., 813.123 (7) and
2940.285 (1m); to repeal and recreate 46.21 (2m) (c), 46.215 (1m), 46.22 (1)
3(dm), 46.23 (3) (e), 46.286 (3) (a) 3., 49.001 (8), 50.06 (2) (c), 51.01 (5) (a), 51.01
4(14t), 51.03 (3) (a) 6., 51.10 (8), 51.20 (7) (d) 1., 51.40 (2) (a) 1., 51.40 (2) (a) 2.,
551.42 (3) (e), 51.437 (4r) (b), 54.01 (8), 54.25 (1) (a), 54.25 (1) (b) (intro.), 54.36
6(1), 54.38 (2) (a), 54.40 (1), 54.42 (1) (a) (intro.), 54.42 (1) (c), 54.46 (3) (a), 54.75,
755.01 (1v), 55.01 (2), 55.01 (6v), 55.02, 55.03 (1), 55.043 (1r) (b) 2., 55.043 (1r)
8(c) 2. c., 55.043 (4) (b) 2., 55.055 (1) (a), 55.055 (1) (b), 55.055 (3) (c), 55.06, 55.075
9(5) (a), 55.08 (1) (b), 55.08 (1) (c), 55.10 (4) (b), 55.11 (1) (c), 55.135 (1), 55.14 (1)
10(b) (intro.), 55.14 (2), 55.14 (3) (c), 55.14 (3) (e) (intro.), 55.14 (3) (e) 1., 55.14 (5),
1155.14 (6), 55.14 (7), 55.14 (8) (a), 55.14 (9), 55.14 (10), 55.14 (11), 55.175, 55.19
12(intro.), 55.19 (1) (a) (intro.), 55.19 (1) (a) 1., 55.19 (1) (b), 55.19 (1) (bm), 55.19
13(1) (c), 55.19 (1m), 55.19 (2) (b) 3., 55.19 (2) (b) 5., 55.19 (2) (b) 6., 55.19 (2) (c),
1455.19 (2) (f) 4., 55.19 (2) (g), 55.19 (3) (b) (intro.), 55.19 (3) (bm), 55.19 (3) (br),
1555.19 (3) (d) (intro.), 55.19 (3) (e) 1., 55.19 (3) (e) 2., 55.19 (3) (e) 3., 55.195
16(intro.), 55.22 (2), 146.82 (2) (a) 7., 609.65 (1) (intro.), 757.69 (1) (h), 813.123 (3)
17(b), 813.123 (4) (a) (intro.), 813.123 (4) (a) 2. a., 813.123 (5) (a) (intro.) and
18813.123 (6) (c); and to create 54.44 (5), 54.44 (5m) (title), 940.295 (1) (cr) and
19940.295 (1) (hr) of the statutes; relating to: protective placements and
20protective services; involuntary administration of psychotropic medication;
21guardianships, conservatorships, and wards; and services for adults at risk and
22elder adults at risk.
Analysis by the Legislative Reference Bureau
With respect to the laws relating to protective placements and protective
services, involuntary administration of psychotropic medication, guardianships,

conservatorships, wards, and services for adults at risk and elder adults at risk, this
bill reconciles 2005 Wisconsin Acts 264, 387, and 388, as to provisions that were
mutually inconsistent and therefore could not be reconciled by the revisor of statutes
in preparing the statutes. The bill makes numerous and diverse minor changes to
correct incorrect cross-references, to align inconsistent provisions, to give effect to
certain provisions superceded by subsequent acts, and to make more uniform the
definitions of "developmental disability," "degenerative brain disorder," "serious and
persistent mental illness," and "voluntary."
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB279, s. 1 1Section 1. 46.21 (2m) (c) of the statutes, as affected by 2005 Wisconsin Acts
2264
and 388, is repealed and recreated to read:
AB279,3,183 46.21 (2m) (c) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78
4(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7) and 253.07
5(3) (c), a subunit of a county department of human services or tribal agency acting
6under this subsection may exchange confidential information about a client, without
7the informed consent of the client, with any other subunit of the same county
8department of human services or tribal agency, with a resource center, a care
9management organization, or a family care district, with an elder-adult-at-risk
10agency, an adult-at-risk agency, or any agency to which referral for investigation is
11made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person providing services
12to the client under a purchase of services contract with the county department of
13human services or tribal agency or with a resource center, a care management
14organization, or a family care district, if necessary to enable an employee or service
15provider to perform his or her duties, or to enable the county department of human
16services or tribal agency to coordinate the delivery of services to the client. An agency
17that releases information under this paragraph shall document that a request for
18information was received and what information was provided.
AB279, s. 2
1Section 2. 46.215 (1m) of the statutes, as affected by 2005 Wisconsin Acts 264,
2388 and 406, is repealed and recreated to read:
AB279,4,193 46.215 (1m) Exchange of information; long-term care. Notwithstanding ss.
446.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82,
5252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a subunit of a county department of social
6services or tribal agency acting under this section may exchange confidential
7information about a client, without the informed consent of the client, with any other
8subunit of the same county department of social services or tribal agency, with a
9resource center, a care management organization, or a family care district, with an
10elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral
11for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person
12providing services to the client under a purchase of services contract with the county
13department of social services or tribal agency or with a resource center, a care
14management organization, or a family care district, if necessary to enable an
15employee or service provider to perform his or her duties, or to enable the county
16department of social services or tribal agency to coordinate the delivery of services
17to the client. An agency that releases information under this subsection shall
18document that a request for information was received and what information was
19provided.
AB279, s. 3 20Section 3. 46.22 (1) (dm) of the statutes, as affected by 2005 Wisconsin Acts
21264
, 388 and 406, is repealed and recreated to read:
AB279,5,1322 46.22 (1) (dm) Exchange of information; long-term care. Notwithstanding ss.
2346.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82,
24252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a subunit of a county department of social
25services or tribal agency acting under this subsection may exchange confidential

1information about a client, without the informed consent of the client, with any other
2subunit of the same county department of social services or tribal agency, with a
3resource center, a care management organization, or a family care district, with an
4elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral
5for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person
6providing services to the client under a purchase of services contract with the county
7department of social services or tribal agency or with a resource center, a care
8management organization, or a family care district, if necessary to enable an
9employee or service provider to perform his or her duties, or to enable the county
10department of social services or tribal agency to coordinate the delivery of services
11to the client. An agency that releases information under this paragraph shall
12document that a request for information was received and what information was
13provided.
AB279, s. 4 14Section 4. 46.23 (3) (e) of the statutes, as affected by 2005 Wisconsin Acts 264,
15388 and 406, is repealed and recreated to read:
AB279,6,716 46.23 (3) (e) Exchange of information; long-term care. Notwithstanding ss.
1746.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82,
18252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a subunit of a county department of
19human services or tribal agency acting under this section may exchange confidential
20information about a client, without the informed consent of the client, with any other
21subunit of the same county department of human services or tribal agency, with a
22resource center, a care management organization, or a family care district, with an
23elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral
24for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person
25providing services to the client under a purchase of services contract with the county

1department of human services or tribal agency or with a resource center, a care
2management organization, or a family care district, if necessary to enable an
3employee or service provider to perform his or her duties, or to enable the county
4department of human services or tribal agency to coordinate the delivery of services
5to the client. An agency that releases information under this paragraph shall
6document that a request for information was received and what information was
7provided.
AB279, s. 5 8Section 5. 46.286 (3) (a) 3. of the statutes, as affected by 2005 Wisconsin Acts
9264
and 388, is repealed and recreated to read:
AB279,6,1310 46.286 (3) (a) 3. Is functionally eligible at the intermediate level and is
11determined by an elder-adult-at-risk agency under s. 46.90 (2) or an adult-at-risk
12agency designated under s. 55.043 (1d) to be in need of protective services or
13protective placement under ch. 55.
AB279, s. 6 14Section 6. 46.90 (1) (eg) 1. of the statutes is amended to read:
AB279,6,1515 46.90 (1) (eg) 1. A guardian of the estate appointed under s. 880.03 s. 54.10.
AB279, s. 7 16Section 7. 46.90 (1) (eg) 2. of the statutes is amended to read:
AB279,6,1717 46.90 (1) (eg) 2. A conservator appointed under s. 880.31 s. 54.76.
AB279, s. 8 18Section 8. 46.90 (1) (eg) 3. of the statutes is amended to read:
AB279,6,2019 46.90 (1) (eg) 3. An agent under a financial power of attorney under s. 243.07
20ch. 243.
AB279, s. 9 21Section 9. 46.90 (5m) (a) of the statutes is amended to read:
AB279,7,822 46.90 (5m) (a) Upon responding to a report, the elder-adult-at-risk agency or
23the investigative agency shall determine whether the elder adult at risk or any other
24individual involved in the alleged abuse, financial exploitation, neglect, or
25self-neglect is in need of services under this chapter or ch. 47, 49, 51, 55 or 880 ch.

147, 49, 51, 54, or 55
. From the appropriation under s. 20.435 (7) (dh), the department
2shall allocate to selected counties not less than $25,000 in each fiscal year, and within
3the limits of these funds and of available state and federal funds and of county funds
4appropriated to match the state and federal funds, the elder-adult-at-risk agency
5shall provide the necessary direct services to the elder adult at risk or other
6individual or arrange for the provision of the direct services with other agencies or
7individuals. Those direct services provided shall be rendered under the least
8restrictive conditions necessary to achieve their objective.
AB279, s. 10 9Section 10. 46.90 (5m) (br) 2. of the statutes is amended to read:
AB279,7,1310 46.90 (5m) (br) 2. Take appropriate emergency action, including emergency
11protective placement under s. 55.06 s. 55.135, if the elder-adult-at-risk agency
12determines that the emergency action is in the best interests of the elder adult at risk
13and the emergency action is the least restrictive appropriate intervention.
AB279, s. 11 14Section 11. 46.90 (6) (bt) 8. of the statutes is amended to read:
AB279,7,1815 46.90 (6) (bt) 8. To the attorney or guardian ad litem for the elder adult at risk
16who is the alleged victim named in the record, to assist in preparing for any
17proceeding under ch. 48, 51, 55, 813, 880, 971, or 975 ch. 48, 51, 54, 55, 813, 971, or
18975
pertaining to the alleged victim.
AB279, s. 12 19Section 12. 48.368 (1) of the statutes is amended to read:
AB279,8,220 48.368 (1) If a petition for termination of parental rights is filed under s. 48.41
21or 48.415 or an appeal from a judgment terminating or denying termination of
22parental rights is filed during the year in which a dispositional order under s. 48.355,
23an extension order under s. 48.365, a voluntary agreement for placement of the child
24under s. 48.63, or a guardianship order under ch. 880, 2003 stats., or s. 48.977 or ch.
25880
ch. 54 is in effect, the dispositional or extension order, voluntary agreement, or

1guardianship order shall remain in effect until all proceedings related to the filing
2of the petition or an appeal are concluded.
AB279, s. 13 3Section 13. 48.415 (3) (a) of the statutes is amended to read:
AB279,8,104 48.415 (3) (a) The parent is presently, and for a cumulative total period of at
5least 2 years within the 5 years immediately prior to the filing of the petition has
6been, an inpatient at one or more hospitals as defined in s. 50.33 (2) (a), (b) or (c),
7licensed treatment facilities as defined in s. 51.01 (2) or state treatment facilities as
8defined in s. 51.01 (15) on account of mental illness as defined in s. 51.01 (13) (a) or
9(b) or, developmental disability as defined in s. 55.01 (2), or other like incapacities,
10as defined in s. 55.01
(5);
AB279, s. 14 11Section 14. 49.001 (8) of the statutes, as affected by 2005 Wisconsin Acts 264
12and 387, is repealed and recreated to read:
AB279,8,1513 49.001 (8) "Voluntary" means according to an individual's free choice, if
14competent, or by choice of his or her guardian if the individual is adjudicated
15incompetent.
AB279, s. 15 16Section 15. 50.06 (2) (c) of the statutes, as affected by 2005 Wisconsin Acts 264
17and 387, is repealed and recreated to read:
AB279,8,2018 50.06 (2) (c) A petition for guardianship for the individual under s. 54.34 and
19a petition under s. 55.075 for protective placement of the individual are filed prior
20to the proposed admission.
AB279, s. 16 21Section 16. 50.06 (2) (d) 3. of the statutes is amended to read:
AB279,9,222 50.06 (2) (d) 3. Comply with s. 55.135 if the requirements of s. 55.135 (1) are
23met and emergency protective placement in that facility or another facility is
24necessary or file a petition for protective placement under s. 55.075. The court, with

1the permission of the facility, may order the incapacitated individual to remain in the
2facility pending the outcome of the protective placement proceedings.
AB279, s. 17 3Section 17. 51.01 (5) (a) of the statutes, as affected by 2005 Wisconsin Acts 264,
4387 and 388, is repealed and recreated to read:
AB279,9,125 51.01 (5) (a) "Developmental disability" means a disability attributable to
6brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, mental
7retardation, or another neurological condition closely related to mental retardation
8or requiring treatment similar to that required for individuals with mental
9retardation, which has continued or can be expected to continue indefinitely and
10constitutes a substantial handicap to the afflicted individual. "Developmental
11disability" does not include dementia that is primarily caused by degenerative brain
12disorder.
AB279, s. 18 13Section 18. 51.01 (14t) of the statutes, as affected by 2005 Wisconsin Acts 264,
14387 and 388, is repealed and recreated to read:
AB279,9,2315 51.01 (14t) "Serious and persistent mental illness" means a mental illness that
16is severe in degree and persistent in duration, that causes a substantially diminished
17level of functioning in the primary aspects of daily living and an inability to cope with
18the ordinary demands of life, that may lead to an inability to maintain stable
19adjustment and independent functioning without long-term treatment and support,
20and that may be of lifelong duration. "Serious and persistent mental illness" includes
21schizophrenia as well as a wide spectrum of psychotic and other severely disabling
22psychiatric diagnostic categories, but does not include degenerative brain disorder
23or a primary diagnosis of a developmental disability or of alcohol or drug dependence.
AB279, s. 19 24Section 19. 51.03 (3) (a) 6. of the statutes, as affected by 2005 Wisconsin Acts
25264
and 387, is repealed and recreated to read:
AB279,10,3
151.03 (3) (a) 6. The number of individuals authorized to consent to involuntary
2administration of psychotropic medication under s. 55.14 (8) or for whom guardians
3were appointed under s. 880.33 (4m), 2003 stats.
AB279, s. 20 4Section 20. 51.10 (8) of the statutes, as affected by 2005 Wisconsin Acts 264
5and 387, is repealed and recreated to read:
AB279,10,106 51.10 (8) An adult for whom, because of incompetency, a guardian of the person
7has been appointed in this state may be voluntarily admitted to an inpatient
8treatment facility if the guardian consents after the requirements of sub. (4m) (a) 1.
9are satisfied or if the guardian and the ward consent to the admission under this
10section.
AB279, s. 21 11Section 21 . 51.20 (7) (d) 1. of the statutes, as affected by 2005 Wisconsin Acts
12264
and 387, is repealed and recreated to read:
AB279,11,513 51.20 (7) (d) 1. If the court determines after hearing that there is probable cause
14to believe that the subject individual is a fit subject for guardianship and protective
15placement or services, the court may, without further notice, appoint a temporary
16guardian for the subject individual and order temporary protective placement or
17services under ch. 55 for a period not to exceed 30 days, and shall proceed as if
18petition had been made for guardianship and protective placement or services. If the
19court orders only temporary protective services for a subject individual under this
20paragraph, the individual shall be provided care only on an outpatient basis. The
21court may order the involuntary administration of psychotropic medication as a
22temporary protective service under this paragraph if it finds that there is probable
23cause to believe that the allegations under s. 55.14 (3) (e) apply, that the individual
24is not competent to refuse psychotropic medication and that the medication ordered
25will have therapeutic value and will not unreasonably impair the ability of the

1individual to prepare for and participate in subsequent legal proceedings. An
2individual is not competent to refuse psychotropic medication if, because of serious
3and persistent mental illness, and after the advantages and disadvantages of and
4alternatives to accepting the particular psychotropic medication have been
5explained to the individual, one of the following is true:
AB279,11,76 a. The individual is incapable of expressing an understanding of the
7advantages and disadvantages of accepting treatment and the alternatives.
AB279,11,118 b. The individual is substantially incapable of applying an understanding of
9the advantages, disadvantages and alternatives to his or her serious and persistent
10mental illness in order to make an informed choice as to whether to accept or refuse
11psychotropic medication.
AB279, s. 22 12Section 22. 51.30 (4) (b) 17. of the statutes is amended to read:
AB279,11,2213 51.30 (4) (b) 17. To the elder-adult-at-risk agency designated under s. 46.90
14(2) or other investigating agency under s. 46.90 for the purposes of s. 46.90 (4) and
15(5), to the county department as defined in s. 48.02 (2g) or the sheriff or police
16department for the purposes of s. 48.981 (2) and (3), or to the adult-at-risk agency
17designated under s. 55.02 s. 55.043 (1d) for purposes of s. 55.043. The treatment
18record holder may release treatment record information by initiating contact with
19the elder-adult-at-risk agency, adult-at-risk agency, or county department, as
20defined in s. 48.02 (2g), without first receiving a request for release of the treatment
21record from the elder-adult-at-risk agency, adult-at-risk agency, or county
22department.
AB279, s. 23 23Section 23. 51.40 (2) (a) 1. of the statutes, as affected by 2005 Wisconsin Acts
24264
and 387, is repealed and recreated to read:
AB279,12,13
151.40 (2) (a) 1. `Commitment or protective placement or protective services.'
2If an individual is under a court order of commitment under this chapter or protective
3placement or protective services under s. 55.06, 2003 stats., or s. 55.12, the individual
4remains a resident of the county in which he or she has residence at the time the
5initial commitment or initial order for protective placement or protective services is
6made. If the court makes no specific finding of a county of residence, the individual
7is a resident of the county in which the court is located. After notice, including notice
8to the corporation counsel of each affected county by certified mail, after opportunity
9to be heard has been provided to all affected counties and parties, and if there is no
10objection, the court may make a specific finding of a county of residence. If any
11affected county or party objects to the court's proposed finding, the county or party
12may request the department to make a determination under par. (g). Any transfer
13of venue may be suspended until the department's determination is final.
AB279, s. 24 14Section 24. 51.40 (2) (a) 2. of the statutes, as affected by 2005 Wisconsin Acts
15264
and 387, is repealed and recreated to read:
AB279,13,516 51.40 (2) (a) 2. `Placement by a county.' Except for the provision of emergency
17services under s. 51.15, 51.42 (1) (b), 51.437 (4) (c), or 51.45 (11) and (12), emergency
18protective services under s. 55.13, or emergency protective placement under s.
1955.135, if a county department or an agency of a county department places or makes
20arrangements for placement of the individual into a facility, the individual is a
21resident of the county of that county department. Any agency of the county
22department is deemed to be acting on behalf of the county department in placing or
23making arrangements for placement. Placement of an individual by a county
24department or an agency of a county department in a facility outside the jurisdiction
25of the county department or agency does not transfer the individual's legal residence

1to the county in which the facility is located. If a resident of a county is physically
2present in another county and is in need of immediate care, the county in which the
3individual is present may provide for his or her immediate needs under s. 51.15,
451.20, 51.42 (1) (b), 51.437 (4) (c), or 51.45 (11) or (12), or ch. 54 or 55, without
5becoming the individual's county of residence.
AB279, s. 25 6Section 25. 51.42 (3) (e) of the statutes, as affected by Wisconsin Acts 264 and
7388, is repealed and recreated to read:
AB279,13,218 51.42 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78
9(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3)
10(c) and 938.78 (2) (a), any subunit of a county department of community programs
11or tribal agency acting under this section may exchange confidential information
12about a client, without the informed consent of the client, with any other subunit of
13the same county department of community programs or tribal agency, with a
14resource center, a care management organization, or a family care district, or with
15any person providing services to the client under a purchase of services contract with
16the county department of community programs or tribal agency or with a resource
17center, care management organization, or family care district, if necessary to enable
18an employee or service provider to perform his or her duties, or to enable the county
19department of community programs or tribal agency to coordinate the delivery of
20services to the client. Any agency releasing information under this paragraph shall
21document that a request was received and what information was provided.
AB279, s. 26 22Section 26. 51.437 (4r) (b) of the statutes, as affected by 2005 Wisconsin Acts
23264
and 388, is repealed and recreated to read:
AB279,14,1324 51.437 (4r) (b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83,
2551.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), any

1subunit of a county department of developmental disabilities services or tribal
2agency acting under this section may exchange confidential information about a
3client, without the informed consent of the client, with any other subunit of the same
4county department of developmental disabilities services or tribal agency, with a
5resource center, a care management organization, or a family care district, or with
6any person providing services to the client under a purchase of services contract with
7the county department of developmental disabilities services or tribal agency or with
8a resource center, a care management organization, or a family care district, if
9necessary to enable an employee or service provider to perform his or her duties, or
10to enable the county department of developmental disabilities services or tribal
11agency to coordinate the delivery of services to the client. Any agency releasing
12information under this paragraph shall document that a request was received and
13what information was provided.
AB279, s. 27 14Section 27. 54.01 (8) of the statutes, as affected by 2005 Wisconsin Acts 264,
15387 and 388, is repealed and recreated to read:
AB279,14,2316 54.01 (8) "Developmental disability" means a disability attributable to mental
17retardation, cerebral palsy, epilepsy, autism, or another neurological condition
18closely related to mental retardation or requiring treatment similar to that required
19for individuals with mental retardation, which has continued or can be expected to
20continue indefinitely, substantially impairs an individual from adequately providing
21for his or her own care or custody, and constitutes a substantial handicap to the
22afflicted individual. The term does not include dementia that is primarily caused by
23degenerative brain disorder.
AB279, s. 28 24Section 28. 54.01 (13) of the statutes is amended to read:
AB279,15,6
154.01 (13) "Heir" means any person, including the surviving spouse, who is
2entitled under the statutes of intestate succession to an interest in property of a
3decedent. The state is an heir of the decedent and a person interested under s. 45.37
4(10) and (11) when the decedent was a member of the Wisconsin Veterans Home at
5King or at the facilities operated by the department of veterans affairs under s.
645.385
s. 45.50 at the time of the decedent's death.
AB279, s. 29 7Section 29. 54.10 (3) (d) of the statutes is amended to read:
AB279,15,158 54.10 (3) (d) Before appointing a guardian under this subsection, declaring
9incompetence to exercise a right under s. 54.25 (2) (c), or determining what powers
10are appropriate for the guardian to exercise under s. 54.18, 54.20, or 54.25 (2) (d), the
11court shall determine if additional medical, psychological, social, vocational, or
12educational evaluation is necessary for the court to make an informed decision
13respecting the individual's competency to exercise legal rights and may obtain
14assistance in the manner provided in s. 55.06 (8) s. 55.11 (1) whether or not protective
15placement is made.
AB279, s. 30 16Section 30. 54.15 (intro.) of the statutes is amended to read:
AB279,15,20 1754.15 Selection of guardian; nominations; preferences; other criteria.
18(intro.) The court shall do one of the following and shall consider all of the following
19nominations, applicable preferences, and criteria in determining who is appointed
20as guardian:
AB279, s. 31 21Section 31. 54.15 (5) of the statutes is amended to read:
AB279,16,222 54.15 (5) Parent of a proposed ward. If one or both of the parents of a minor
23or an individual with developmental disability or with serious and persistent mental
24illness are suitable and willing, the court shall appoint one or both as guardian
25unless the court finds that the appointment is not in the proposed ward,s ward's best

1interest. The court shall consider a proposed ward's objection to the appointment of
2his or her parent.
AB279, s. 32 3Section 32. 54.15 (6) of the statutes is amended to read:
AB279,16,124 54.15 (6) Testamentary nomination by proposed ward's parents. Subject to the
5rights of a surviving parent, a parent may by will nominate a guardian and successor
6guardian of the person or estate for any of his or her minor children who is in need
7of guardianship, unless the court finds that appointment of the guardian or successor
8guardian is not i in the minor's best interests. For an individual who is aged 18 or
9older and is found to be in need of guardianship by reason of a developmental
10disability or serious and persistent mental illness, a parent may by will nominate a
11testamentary guardian. The parent may waive the requirement of a bond for such
12an estate that is derived through a will.
AB279, s. 33 13Section 33. 54.19 (1) of the statutes is amended to read:
AB279,16,1914 54.19 (1) Take possession of the ward's real and personal property, of any rents,
15income, and benefits accruing from the property, and of any proceeds arising from the
16sale, mortgage, lease, or exchange of the property, and prepare an inventory of these.
17Subject to this possession, the title of all the income and assets of the ward and the
18increment and proceeds of the income and assets of the ward remains vested in the
19ward and is not vested in the guardian.
AB279, s. 34 20Section 34. 54.19 (8) of the statutes is amended to read:
AB279,16,2521 54.19 (8) File, with the register of deeds of any county in which the ward
22possesses real property of which the guardian has actual knowledge, a sworn and
23notarized statement that specifies the legal description of the property, the date that
24the ward is determined to be an incompetent, and the name, address, and telephone
25number of the ward's guardian and any surety on the guardian's bond.
AB279, s. 35
1Section 35. 54.25 (1) (a) of the statutes, as affected by 2005 Wisconsin Acts 264
2and 387, is repealed and recreated to read:
AB279,17,93 54.25 (1) (a) Make an annual report on the condition of the ward to the court
4that ordered the guardianship and to the county department designated under s.
555.02 (2). That county department shall develop reporting requirements for the
6guardian of the person. The report shall include the location of the ward, the health
7condition of the ward, any recommendations regarding the ward, and a statement
8as to whether or not the ward is living in the least restrictive environment consistent
9with the needs of the ward.
AB279, s. 36 10Section 36. 54.25 (1) (b) (intro.) of the statutes, as affected by 2005 Wisconsin
11Acts 264
and 387, is repealed and recreated to read:
AB279,17,1312 54.25 (1) (b) (intro.) Endeavor to secure any necessary care or services for the
13ward that are in the ward's best interests, based on all of the following:
AB279, s. 37 14Section 37. 54.25 (2) (b) 4. of the statutes is amended to read:
AB279,17,1815 54.25 (2) (b) 4. To protest a residential placement made under s. 55.05 (5) s.
1655.055
, and to be discharged from a residential placement unless the individual is
17protectively placed under s. 55.06 ch. 55 or the elements requirements of s. 55.06 (11)
18s. 55.135 (1) are present met.
AB279, s. 38 19Section 38. 54.25 (2) (c) 4. and 5. of the statutes are consolidated and
20renumbered 54.25 (2) (c) 4.
AB279, s. 39 21Section 39. 54.25 (2) (d) 2. a. of the statutes is renumbered 54.25 (2) (d) 2. ac.
22and amended to read:
AB279,18,1723 54.25 (2) (d) 2. ac. Except as provided under subd. 2. b., c., and d., and except
24for consent to psychiatric treatment and medication under ch. 51, and subject to any
25limitation under s. 54.46 (3) (b) (2) (b), the power to give informed consent, if in the

1ward's best interests, to voluntary or the involuntary administration of a medical
2examination, medication other than psychotropic medication, and medical
3treatment and to the voluntary receipt by the ward of medication, including any
4appropriate psychotropic medication
that is in the ward's best interest, if the
5guardian has first made a good-faith attempt to discuss with the ward the ward's
6voluntary receipt of the psychotropic medication and the ward does not protest. For
7purposes of this subd. 2. a., "protest" means make more than one discernible negative
8response, other than mere silence, to the offer of, recommendation for, or other
9proffering of voluntary receipt of psychotropic medication. "Protest" does not mean
10a discernible negative response to a proposed method of administration of the
11psychotropic medication
. A guardian may consent to the involuntary administration
12of psychotropic medication only under a court order under s. 55.14. In determining
13whether involuntary administration of a medical examination, medication other
14than psychotropic medication,
or medical treatment, other than psychotropic
15medication,
is in the ward's best interest, the guardian shall consider the
16invasiveness of the medical examination, medication , or treatment and the likely
17benefits and side effects of the medical examination, medication, or treatment.
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