Uniformity
The bill requires that consideration be given to the need to promote uniformity
of the law with respect to its subject matter among the state that enacts it.
For further information see the state and local 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:
SB518,1 1Section 1 . Chapter 53 of the statutes is created to read:
SB518,4,42 Chapter 53
3 uniform adult guardianship
4 jurisdiction
SB518,4,65 Subchapter I
6 General Provisions
SB518,5,9
153.01 Purpose; construction. This chapter applies to the process of
2determining jurisdiction over the person for the purpose of a guardianship
3proceeding or matter. The chapter is intended to supplement but not replace the
4procedure for petitioning for a guardianship under ch. 54 and for protective
5placement or services under ch. 55. The purpose of this chapter is to resolve potential
6conflicts regarding jurisdiction between states and to make uniform the laws with
7respect to this chapter among those states. To the extent there is a conflict in
8procedure between this chapter and the provisions of ch. 54 or 55, the procedures in
9ch. 54 or 55 supersede the conflicting provision of this chapter.
SB518,5,10 1053.02 Definitions. In this chapter:
SB518,5,11 11(1) “Abuse” has the meaning given in s. 46.90 (1) (a).
SB518,5,12 12(2) “Financial exploitation” has the meaning given in s. 46.90 (1) (ed).
SB518,5,19 13(3) “Guardian of the estate” means a person appointed by the court of any state
14to administer the property of an adult on the basis of a finding of incapacity or
15incompetence or on the basis of being found to be a spendthrift, including a person
16appointed guardian of the estate under s. 54.10 (2) or (3) and including a conservator
17appointed in another state where that term is used for a role similar to that of a
18guardian of the estate under s. 54.10 (2) or (3). “Guardian of the estate” does not
19include a person appointed voluntary conservator under s. 54.76 (2).
SB518,5,22 20(4) “Guardian of the person" means a person appointed by the court to make
21decisions regarding the person of an adult, including a guardian of the person
22appointed under s. 54.10 (3).
SB518,5,24 23(5) “Guardianship of the person order" means an order appointing a guardian
24of the person.
SB518,6,3
1(6) “Guardianship of the person proceeding" means a judicial proceeding in
2which an order for the appointment of a guardian of the person is sought or has been
3issued.
SB518,6,10 4(7) “Home state" means the state in which the respondent was physically
5present, including any period of temporary absence, for at least 6 consecutive months
6immediately before the filing of a petition for an order appointing a guardian of the
7estate or the appointment of a guardian of the person; or if none, the state in which
8the respondent was physically present, including any period of temporary absence,
9for at least 6 consecutive months ending within the 6 months prior to the filing of the
10petition.
SB518,6,11 11(8) “Incapacity” has the meaning given in s. 54.01 (15).
SB518,6,12 12(9) “Neglect” has the meaning given in s. 46.90 (1) (f).
SB518,6,16 13(10) “Party" means the respondent, petitioner, guardian of the person,
14guardian of the estate, interested person, as defined in s. 54.01 (17), or any other
15person allowed by the court to participate in a guardianship of the person proceeding
16or proceeding for the appointment of a guardian of the estate.
SB518,6,17 17(11) “Person" has the meaning given in s. 990.01 (26).
SB518,6,19 18(12) “Record" means information that is inscribed on a tangible medium or that
19is stored in an electronic or other medium and is retrievable in perceivable form.
SB518,6,20 20(13) “Residence” has the meaning given in s. 55.01 (6t).
SB518,6,22 21(14) “Respondent" means an adult for whom an order appointing a guardian
22of the estate or the appointment of a guardian of the person is sought.
SB518,6,23 23(15) “Self-neglect” has the meaning given in s. 46.90 (1) (g).
SB518,7,3
1(16) “Significant-connection state" means a state, other than the home state,
2with which a respondent has a significant connection other than mere physical
3presence considering the factors in s. 53.21.
SB518,7,7 4(17) “State," notwithstanding s. 990.01 (40), means a state of the United States,
5the District of Columbia, Puerto Rico, the U.S. Virgin Islands, a federally recognized
6Indian tribe, or any territory or insular possession subject to the jurisdiction of the
7United States.
SB518,7,10 853.03 International application. A court of this state may treat a foreign
9country as if it were a state for the purpose of applying this subchapter and subchs.
10II, III, and V.
SB518,7,16 1153.04 Communication between courts. (1) A court of this state may
12communicate with a court in another state concerning a proceeding arising under
13this chapter. The court may allow the parties to participate in the communication.
14Except as otherwise provided in sub. (2), the court shall make a record of the
15communication. The record may be limited to the fact that the communication
16occurred.
SB518,7,18 17(2) Courts may communicate concerning schedules, calendars, court records,
18and other administrative matters without making a record.
SB518,7,22 1953.05 Cooperation between courts. (1) In a guardianship of the person
20proceeding or proceeding for appointment of a guardian of the estate in this state,
21a court of this state may request the appropriate court of another state to do any of
22the following:
SB518,7,2323 (a) Hold an evidentiary hearing.
SB518,7,2524 (b) Order a person in that state to produce evidence or give testimony under
25procedures of that state.
SB518,8,1
1(c) Order that an evaluation or assessment be made of the respondent.
SB518,8,22 (d) Order any appropriate investigation of a person involved in a proceeding.
SB518,8,63 (e) Forward to the court of this state a certified copy of the transcript or other
4record of a hearing under par. (a) or any other proceeding, any evidence otherwise
5produced under par. (b), and any evaluation or assessment prepared in compliance
6with an order under par. (c) or (d).
SB518,8,107 (f) Issue any order necessary to assure the appearance in the proceeding of a
8person whose presence is necessary for the court to make a determination, including
9the respondent or the individual subject to a guardianship of the person or of the
10estate.
SB518,8,1311 (g) Issue an order authorizing the release of medical, financial, criminal, or
12other relevant information in that state, including protected health information as
13defined in 45 CFR 160.103.
SB518,8,18 14(2) If a court of another state in which a guardianship of the person proceeding
15or proceeding to appoint a guardianship of the estate is pending requests assistance
16of the kind provided in sub. (1), a court of this state has jurisdiction for the limited
17purpose of granting the request or making reasonable efforts to comply with the
18request.
SB518,8,25 1953.06 Taking testimony in another state. (1) In a guardianship of the
20person proceeding or proceeding for the appointment of a guardian of the estate, in
21addition to other procedures that may be available, testimony of a witness who is
22located in another state may be offered by deposition or other means allowable in this
23state for testimony taken in another state. The court on its own motion may order
24that the testimony of a witness be taken in another state and may prescribe the
25manner in which and the terms upon which the testimony is to be taken.
SB518,9,5
1(2) In a guardianship of the person proceeding or proceeding for the
2appointment of a guardian of the estate, a court in this state may permit a witness
3located in another state to be deposed or to testify by telephone or audiovisual or
4other electronic means. A court of this state shall cooperate with the court of the
5other state in designating an appropriate location for the deposition or testimony.
SB518,9,8 6(3) Documentary evidence transmitted from another state to a court of this
7state by technological means that do not produce an original writing may not be
8excluded from evidence on an objection based on the best evidence rule.
SB518,9,109 subchapter ii
10 jurisdiction
SB518,9,13 1153.21 Significant-connection factors. In determining under ss. 53.23 and
1253.31 whether a respondent has a significant connection with a particular state, the
13court shall consider all of the following:
SB518,9,15 14(1) The location of and strength of connection to the respondent's family, other
15significant social connections, and service providers.
SB518,9,18 16(2) The location of other persons required to be notified of the guardianship of
17the person proceeding or proceeding to appoint a guardian of the estate and the
18location of substantial evidence relating to the respondent.
SB518,9,20 19(3) The length of time the respondent at any time was physically present in the
20state, past or current status as a resident, and the duration of any absence.
SB518,9,21 21(4) The location of the resident's property.
SB518,9,24 22(5) The extent to which the respondent has ties to the state, such as voting
23registration, state or local tax return filing, vehicle registration, driver's license,
24work, social relationship, and receipt of services.
SB518,10,3
153.22 Exclusive basis. This subchapter provides the exclusive basis for
2personal jurisdiction for a court of this state to appoint a guardian of the person or
3issue an order appointing a guardian of the estate for an adult.
SB518,10,6 453.23 Jurisdiction. A court of this state has personal jurisdiction to appoint
5a guardian of the person or issue an order appointing a guardian of the estate for a
6respondent if any of the following is satisfied:
SB518,10,7 7(1) This state is the respondent's home state.
SB518,10,9 8(2) On the date the petition is filed, this state is a significant-connection state
9and any of the following is satisfied:
SB518,10,1210 (a) The respondent does not have a home state or a court of the respondent's
11home state has declined to exercise jurisdiction because this state is a more
12appropriate forum.
SB518,10,1613 (b) The respondent has a home state, a petition for an appointment or order is
14not pending in a court of that state or another significant-connection state, and
15before the court makes the appointment or issues the order all of the following are
16satisfied:
SB518,10,1817 1. A petition for an appointment or order is not filed in the respondent's home
18state.
SB518,10,2219 2. An objection to the court's jurisdiction is not filed by a person required to be
20notified of the proceeding, or, if an objection has been made, the objector has not
21established that exercise of jurisdiction by the court would be contrary to the
22interests of the respondent.
SB518,10,2423 3. The court in this state concludes that it is an appropriate forum under the
24factors set forth in s. 53.26.
SB518,11,5
1(3) This state does not have jurisdiction under either sub. (1) or (2), the
2respondent's home state and all significant-connection states have declined to
3exercise jurisdiction because this state is the more appropriate forum, and
4jurisdiction in this state is consistent with the constitutions of this state and the
5United States.
SB518,11,6 6(4) The requirements for special jurisdiction under s. 53.24 are met.
SB518,11,8 753.24 Special jurisdiction. (1) A court of this state lacking jurisdiction
8under s. 53.23 (1) to (3) has special jurisdiction to do any of the following:
SB518,11,119 (a) Appoint a temporary guardian of the person or guardian of the estate under
10s. 54.50 in accordance with the standards and procedures and for the time periods
11specified in s. 54.50.
SB518,11,1312 (b) Issue an order with respect to real or tangible personal property located in
13this state.
SB518,11,1714 (c) Appoint a guardian of the person or guardian of the estate for an individual
15subject to a guardianship of the person or of the estate for whom a provisional order
16to transfer the proceeding from another state has been issued under procedures
17similar to s. 53.31.
SB518,11,22 18(2) If a petition for the appointment of a temporary guardian is brought in this
19state and this state was not the respondent's home state on the date the petition was
20filed, the court shall dismiss the proceeding at the request of the court of the home
21state, if any, whether dismissal is requested before or after the appointment of a
22temporary guardian.
SB518,12,2 2353.25 Exclusive and continuing jurisdiction. Except as otherwise
24provided in s. 53.24, a court that has appointed a guardian of the person or issued
25an order appointing a guardian of the estate consistent with this chapter has

1exclusive and continuing jurisdiction over the proceeding until it is terminated by
2the court or the appointment or order expires by its own terms.
SB518,12,6 353.26 Appropriate forum. (1) A court of this state having jurisdiction under
4s. 53.23 to appoint a guardian of the person or issue an order appointing a guardian
5of the estate may decline to exercise its jurisdiction if it determines at any time that
6a court of another state is a more appropriate forum.
SB518,12,11 7(2) If a court of this state declines to exercise its jurisdiction under sub. (1), it
8shall either dismiss or stay the proceeding. The court may impose any condition the
9court considers just and proper, including the condition that a petition for the
10appointment of a guardian of the person or issuance of an order appointing a
11guardian of the estate be filed promptly in another state.
SB518,12,13 12(3) In determining whether it is an appropriate forum, the court shall consider
13all relevant factors, including all of the following:
SB518,12,1414 (a) Any expressed preference of the respondent.
SB518,12,1715 (b) Whether abuse, neglect, self-neglect, or financial exploitation of the
16respondent has occurred or is likely to occur and which state could best protect the
17respondent from the abuse, neglect, self-neglect, or financial exploitation.
SB518,12,1918 (c) The length of time the respondent was physically present in or had
19established residence in this or another state.
SB518,12,2020 (d) The distance of the respondent from the court in each state.
SB518,12,2121 (e) The financial circumstances of the respondent's estate.
SB518,12,2222 (f) The nature and location of the evidence.
SB518,12,2423 (g) The ability of the court in each state to decide the issue expeditiously and
24the procedures necessary to present evidence.
SB518,13,2
1(h) The familiarity of the court of each state with the facts and issues in the
2proceeding.
SB518,13,43 (i) If an appointment is made, the court's ability to monitor the conduct of the
4guardian of the person or guardian of the estate.
SB518,13,8 553.27 Jurisdiction declined by reason of conduct. (1) If at any time a
6court of this state determines that it acquired jurisdiction to appoint a guardian of
7the person or issue an order appointing a guardian of the estate because of
8unjustifiable conduct, the court may do any of the following:
SB518,13,99 (a) Decline to exercise jurisdiction.
SB518,13,1510 (b) Exercise jurisdiction for the limited purpose of fashioning an appropriate
11remedy to ensure the health, safety, and welfare of the respondent or the protection
12of the respondent's property or to prevent a repetition of the unjustifiable conduct,
13including staying the proceeding until a petition for the appointment of a guardian
14of the person or issuance of an order appointing a guardian of the estate is filed in
15a court of another state having jurisdiction.
SB518,13,1616 (c) Continue to exercise jurisdiction after considering all of the following:
SB518,13,1817 1. The extent to which the respondent and all persons required to be notified
18of the proceedings have acquiesced in the exercise of the court's jurisdiction.
SB518,13,2019 2. Whether it is a more appropriate forum than the court of any other state
20under the factors set forth in s. 53.26.
SB518,13,2221 3. Whether the court of any other state would have jurisdiction under factual
22circumstances in substantial conformity with the jurisdictional standards of s. 53.23.
SB518,14,5 23(2) If a court of this state determines that it acquired jurisdiction to appoint a
24guardian of the person or issue an order appointing a guardian of the estate because
25a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may

1assess against that party necessary and reasonable expenses, including attorney's
2fees, investigative fees, court costs, communication expenses, witness fees and
3expenses, and travel expenses. The court may not assess fees, costs, or expenses of
4any kind against this state or a governmental subdivision, agency, or
5instrumentality of this state unless authorized by law other than this chapter.
SB518,14,12 653.28 Notice of proceeding. If a petition for the appointment of a guardian
7of the person or issuance of an order appointing a guardian of the estate is brought
8in this state and this state was not the respondent's home state on the date the
9petition was filed, in addition to complying with the notice requirements of this state,
10notice of the petition must be given to those persons who would be entitled to notice
11of the petition if a proceeding were brought in the respondent's home state. The
12notice must be given in the same manner as notice is required to be given in this state.
SB518,14,18 1353.29 Proceedings in more than one state. Except for a petition for the
14appointment of a temporary guardian or issuance of an order limited to property
15located in this state under s. 53.24 (1) (a) or (b), if a petition for the appointment of
16a guardian of the person or issuance of an order appointing a guardian of the estate
17is filed in this state and in another state and neither petition has been dismissed or
18withdrawn, all of the following rules apply:
Loading...
Loading...