48.978(3)(e)
(e)
Petition for judicial appointment. A petition for judicial appointment as standby guardian of a child under this subsection shall be in the same form as a petition under
sub. (2) (b) and shall set forth with specificity the information specified in
sub. (2) (b) 1. to
4. and
7. to
11. The petition shall also contain a statement that the parent has become incapacitated, has died, or has become debilitated and has consented to the beginning of the duty and authority of the standby guardian. In addition, the petition shall be accompanied by the following documentation:
48.978(3)(e)1.
1. The written designation under
par. (a) signed or consented to by each parent of the child or, if a parent cannot with reasonable diligence be located or has refused to consent to the designation, the written designation under
par. (a) signed by one parent and a statement of the efforts made to find the other parent or of the fact that the other parent has refused to consent to the designation.
48.978(3)(e)2.
2. A copy of the determination of incapacity received under
par. (c) 1., the certificate of death received under
par. (c) 2. or the determination of debilitation and written consent received under
par. (c) 3.
48.978(3)(e)3.
3. If the petition is filed by a person who has been designated as an alternate standby guardian, a statement that the person designated as standby guardian is unwilling or unable to act as standby guardian and the factual basis for that statement.
48.978(3)(f)1.1. The petitioner shall cause the petition and notice of the time and place of the plea hearing under
subd. 2. to be served on all of the persons specified in
sub. (2) (c) 1. a. to
f. and on the parent who has made the written designation under
par. (a), if living. Service shall be made in the manner provided in
sub. (2) (c) 2.
48.978(3)(f)2.
2. The court shall hold a plea hearing, a fact-finding hearing and a dispositional hearing in the manner provided in
sub. (2) (d) to
(g) and shall enter a dispositional order as provided in
sub. (2) (j) and
(k) 1., except that at the fact-finding hearing any party may present evidence relevant to the issues specified in
par. (g), and at the conclusion of that hearing the court shall immediately proceed to a dispositional hearing, unless an adjournment is requested, if the court finds by clear and convincing evidence that the conditions specified in
par. (g) have been met.
48.978(3)(g)
(g)
Required findings by court. The court shall appoint a person to be a standby guardian under this subsection if, after making the following findings by clear and convincing evidence, the court determines that the appointment is in the best interests of the child:
48.978(3)(g)1.
1. That the person was designated as standby guardian in accordance with
pars. (a) and
(b).
48.978(3)(g)2.
2. That the standby guardian has received a determination of incapacity, a death certificate, or a determination of debilitation and written consent, as provided in
par. (c) 1.,
2. or
3., whichever is applicable.
48.978(3)(g)3.
3. That the child has no parent who is willing and able to exercise the duty and authority of guardianship.
48.978(3)(g)4.
4. That, if a parent cannot be located, the petitioner has made diligent efforts to locate that parent or, if a parent has refused to consent to the designation of the standby guardian, the consent was unreasonably withheld.
48.978(3)(g)5.
5. That, if the petitioner is a person designated as an alternate standby guardian, the person designated as standby guardian is unwilling or unable to act as standby guardian.
48.978(3)(h)
(h)
Dispositional factors. In determining the appropriate disposition under
par. (g), the best interests of the child shall be the prevailing factor to be considered by the court. In making a decision about the appropriate disposition, the court shall consider all of the following:
48.978(3)(h)1.
1. Whether the person designated as standby guardian or alternate standby guardian would be a suitable guardian of the child.
48.978(3)(h)2.
2. The willingness and ability of the person designated as standby guardian or alternate standby guardian to serve as the child's guardian.
48.978(3)(i)
(i)
Appearance by parent. If the parent who has made a written designation under
par. (a) is medically unable to appear at a hearing specified in
par. (f) 2., the court may dispense with the parent's appearance, except on the motion of a party and for good cause shown.
48.978(3)(j)1.1. A parent who has made a written designation under
par. (a) may, at any time before the filing of a petition under
par. (e), revoke a standby guardianship created under this subsection by executing a written revocation and notifying the standby guardian in writing of the revocation, making a subsequent written designation under
par. (a) or verbally revoking the standby guardianship in the presence of 2 witnesses.
48.978(3)(j)2.
2. After a petition under
par. (e) has been filed but before the standby guardian has been judicially appointed under
par. (g), a parent who has made a written designation under
par. (a) may revoke a standby guardianship created under this subsection by executing a written revocation, filing the revocation with the court with which the petition has been filed and notifying the standby guardian in writing of the revocation. On compliance with this subdivision, the court may dismiss the petition and rescind the guardianship if the court determines that dismissal of the petition and rescission of the guardianship are in the best interests of the child.
48.978(3)(j)3.
3. After the standby guardian has been judicially appointed under
par. (g), a parent who has made a written designation under
par. (a) may revoke a standby guardianship created under this subsection by executing a written revocation, filing the revocation with the court that entered the guardianship order and notifying the standby guardian in writing of the revocation. On compliance with this subdivision, the court may rescind the guardianship order if the court determines that rescission of the guardianship order is in the best interests of the child.
48.978(3)(k)1.1. A person whom a parent has designated as a standby guardian under
par. (a) may, at any time before the filing of a petition under
par. (e), renounce that designation by executing a written renunciation and notifying the parent, if living, in writing of that renunciation.
48.978(3)(k)2.
2. After a petition under
par. (e) has been filed, but before the standby guardian has been judicially appointed under
par. (g), a person whom a parent has designated as a standby guardian under
par. (a) may renounce that designation by executing a written renunciation, filing the renunciation with the court with which the petition has been filed and notifying the parent, if living, in writing of that renunciation. On compliance with this subdivision, the court may accept the renunciation and rescind the guardianship order if the court finds that the renunciation and rescission are in the best interests of the child.
48.978(3)(k)3.
3. A person who has been judicially appointed as a standby guardian under
par. (g) may, at any time after that appointment, resign that appointment by executing a written resignation, filing the resignation with the court that entered the guardianship order and notifying the parent who designated the person as a standby guardian under
par. (a), if living, in writing of that resignation. On compliance with this subdivision, the court may accept the resignation and rescind the guardianship order if the court determines that the resignation and rescission are in the best interests of the child.
48.978(4)
(4) Determination of incapacity or debilitation. 48.978(4)(a)1.1. A determination of incapacity or debilitation under this section shall be in writing, shall be made to a reasonable degree of medical certainty by an attending physician and shall contain the opinion of the attending physician regarding the cause and nature of the parent's incapacity or debilitation and the extent and probable duration of the incapacity or debilitation.
48.978(4)(a)2.
2. If a standby guardian's identity is known to an attending physician making a determination of incapacity or debilitation, the attending physician shall provide a copy of the determination of incapacity or debilitation to the standby guardian.
48.978(4)(b)
(b)
On request of standby guardian. If requested by a standby guardian, an attending physician shall make a determination regarding a parent's incapacity or debilitation for purposes of this section.
48.978(4)(c)
(c)
Information to be provided to parent. On receipt of a determination of a parent's incapacity, a standby guardian shall inform the parent of all of the following, if the parent is able to comprehend that information:
48.978(4)(c)1.
1. That a determination of incapacity has been made and, as a result, the duty and authority of the standby guardian have begun.
48.978(5)
(5) Determination of recovery or remission. 48.978(5)(a)1.1. A determination that a parent has recovered or is in remission from his or her incapacity or debilitation shall be in writing, shall be made to a reasonable degree of medical certainty by an attending physician and shall contain the opinion of the attending physician regarding the extent and probable duration of the recovery or remission.
48.978(5)(a)2.
2. If a standby guardian's identity is known to an attending physician making a determination of recovery or remission, the attending physician shall provide a copy of the determination of recovery or remission to the standby guardian.
48.978(5)(b)
(b)
On request of standby guardian. If requested by a standby guardian, an attending physician shall make a determination regarding a parent's recovery or remission for purposes of this section.
48.978(6)
(6) Parental rights; duty and authority of standby guardian. 48.978(6)(a)(a)
Parental rights. The beginning of the duty and authority of a standby guardian under
sub. (2) or
(3) does not, in itself, divest a parent of any parental rights.
48.978(6)(b)1.1. Unless limited under
subd. 2., a standby guardian appointed under
sub. (2) or designated under
sub. (3) shall have all of the duties and authority specified in
s. 48.023.
48.978(6)(b)2.
2. The court may order or a parent may provide that the duties and authority of a standby guardian appointed under
sub. (2) or designated under
sub. (3) be limited. The duties and authority of a limited standby guardian shall be as specified by the order of appointment under
sub. (2) (j) 2. or the written designation under
sub. (3) (a). All provisions of the statutes concerning the duties and authority of a guardian shall apply to a limited standby guardian appointed under
sub. (2) or designated under
sub. (3) to the extent those provisions are relevant to the duties or authority of the limited standby guardian, except as limited by the order of appointment or written designation.
48.978(7)(a)(a) Except when a different right, remedy or procedure is provided under this section, the rights, remedies, and procedures provided in
ch. 54 shall govern a standby guardianship created under this section.
48.978(7)(b)
(b) This section does not abridge the duties or authority of a guardian appointed under ch.
880, 2003 stats., or
ch. 54.
48.978(7)(c)
(c) Nothing in this section prohibits an individual from petitioning a court for the appointment of a guardian under
ch. 54.
48.979
48.979
Delegation of power by parent. 48.979(1)(a)
(a) A parent who has legal custody of a child, by a power of attorney that is properly executed by all parents who have legal custody of the child, may delegate to an agent, for a period not to exceed one year, any of his or her powers regarding the care and custody of the child, except the power to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, the termination of parental rights to the child, or the enlistment of the child in the U.S. armed forces. A delegation of powers under this paragraph does not deprive the parent of any of his or her powers regarding the care and custody of the child.
48.979(1)(b)
(b) If a delegation of powers to an agent under
par. (a) is facilitated by an entity, as defined in
s. 48.685 (1) (b), that entity shall obtain the information specified in
s. 48.685 (2) (b) 1. with respect to the proposed agent and any nonclient resident, as defined in
s. 48.685 (1) (bm), of the proposed agent. Subject to
s. 48.685 (5), if that information indicates that the proposed agent may not be a contractor, as defined in
s. 48.685 (1) (ar), of the entity or that a nonclient resident of the proposed agent may not be permitted to reside with the proposed agent for a reason specified in
s. 48.685 (4m) (b) 1. to
5., the entity may not facilitate a delegation of powers to the proposed agent under
par. (a). The entity shall provide the department of health services with information about each person who is denied a delegation of powers or permission to reside under this paragraph for a reason specified in
s. 48.685 (4m) (b) 1. to
5.
48.979(1)(bm)
(bm) A parent may not delegate under
par. (a) his or her powers regarding the care and custody of a child who is subject to the jurisdiction of the court under
s. 48.13,
48.14,
938.12,
938.13, or
938.14 unless the court approves the delegation.
48.979(1)(c)
(c) A parent who has legal custody of a child may not place the child in a foster home, group home, or inpatient treatment facility by means of a delegation of powers under
par. (a). Those placements may be made only by means of a court order or as provided in
s. 48.63 or
51.13.
48.979(1)(d)
(d) A delegation of powers under
par. (a) does not prevent or supersede any of the following:
48.979(1)(d)1.
1. An agency, a sheriff, or a police department from receiving and investigating a report of suspected or threatened abuse or neglect of the child under
s. 48.981.
48.979(1)(dm)
(dm) A delegation of powers under
par. (a) regarding the care and custody of an Indian child is subject to the requirements of
s. 48.028 (5) (a).
48.979(1)(e)
(e) A parent who has delegated his or her powers regarding the care and custody of a child under
par. (a) may revoke that delegation at any time by executing a written revocation and notifying the agent in writing of the revocation. A written revocation invalidates the delegation of powers except with respect to acts already taken in reliance on the delegation of powers.
48.979(2)
(2) A power of attorney complies with
sub. (1) (a) if the power of attorney substantially conforms to the following form:
power of attorney
delegating parental power
Authorized by
s. 48.979, Wis. Stats.
NAME(S) OF CHILD(REN)
This power of attorney is for the purpose of providing for the care and custody of:
Name, address, and date of birth of child ....
Name, address, and date of birth of child ....
Name, address, and date of birth of child ....
DELEGATION OF POWER TO AGENT
I, .... (name and address of parent), state that I have legal custody of the child(ren) named above. (Only a parent who has legal custody may use this form.) A parent may not use this form to delegate parental powers regarding a child who is subject to the jurisdiction of the juvenile court under
s. 48.13,
48.14,
938.12,
938.13, or
938.14, Wis. Stats.
I delegate my parental power to:
Name of agent ....
Agent's address ....
Agent's telephone number(s) ....
Agent's e-mail address ....
Relationship of agent to child(ren) ....
The parental power I am delegating is as follows:
FULL
(Check if you want to delegate full parental power regarding the care and custody of the child(ren) named above.)
.... Full parental power regarding the care and custody of the child(ren) named above
PARTIAL
(Check each subject over which you want to delegate your parental power regarding the child(ren) named above.)
.... The power to consent to all health care; or
.... The power to consent to only the following health care:
.... Ordinary or routine health care, excluding major surgical procedures, extraordinary procedures, and experimental treatment
.... Emergency blood transfusion
