54.25(2)(d)2.b.b. Unless it can be shown by clear and convincing evidence that the ward would never have consented to research participation, the power to authorize the ward’s participation in an accredited or certified research project if the research might help the ward; or if the research might not help the ward but might help others, and the research involves no more than minimal risk of harm to the ward.

54.25(2)(d)2.c.c. The power to authorize the ward’s participation in research that might not help the ward but might help others even if the research involves greater than minimal risk of harm to the ward if the guardian can establish by clear and convincing evidence that the ward would have elected to participate in such research; and the proposed research was reviewed and approved by the research and human rights committee of the institution conducting the research. The committee shall have determined that the research complies with the principles of the statement on the use of human subjects for research adopted by the American Association on Mental Deficiency, and with the federal regulations for research involving human subjects for federally supported projects.

54.25(2)(d)2.d.d. Unless it can be shown by clear and convincing evidence that the ward would never have consented to any experimental treatment, the power to consent to experimental treatment if the court finds that the ward’s mental or physical status presents a life-threatening condition; the proposed experimental treatment may be a life saving remedy; all other reasonable traditional alternatives have been exhausted; 2 examining physicians have recommended the treatment; and, in the court’s judgment, the proposed experimental treatment is in the ward’s best interests.

54.25(2)(d)2.e.e. The power to give informed consent to receipt by the ward of social and supported living services.

54.25(2)(d)2.f.f. The power to give informed consent to release of confidential records other than court, treatment, and patient health care records and to redisclosure as appropriate.

54.25(2)(d)2.g.g. The power to make decisions related to mobility and travel.

54.25(2)(d)2.i.i. The power to choose providers of medical, social, and supported living services.

54.25(2)(d)2.j.j. The power to make decisions regarding educational and vocational placement and support services or employment.

54.25(2)(d)2.k.k. The power to make decisions regarding initiating a petition for the termination of marriage.

54.25(2)(d)2.L.L. The power to receive all notices on behalf of the ward.

54.25(2)(d)2.m.m. The power to act in all proceedings as an advocate of the ward, except the power to enter into a contract that binds the ward or the ward’s property or to represent the ward in any legal proceedings pertaining to the property, unless the guardian of the person is also the guardian of the estate.

54.25(2)(d)2.n.n. The power to apply for protective placement under s. 55.075 or for commitment under s. 51.20 or 51.45 (13) for the ward.

54.25(2)(d)2.o.o. The power to have custody of the ward, if an adult.

54.25(2)(d)2.p.p. Any other power the court may specifically identify.

54.25(2)(d)3.3. In exercising powers and duties delegated to the guardian of the person under this paragraph, the guardian of the person shall, consistent with meeting the individual’s essential requirements for health and safety and protecting the individual from abuse, exploitation, and neglect, do all of the following:

54.25(2)(d)3.a.a. Place the least possible restriction on the individual’s personal liberty and exercise of constitutional and statutory rights, and promote the greatest possible integration of the individual into his or her community.

54.25(2)(d)3.b.b. Make diligent efforts to identify and honor the individual’s preferences with respect to choice of place of living, personal liberty and mobility, choice of associates, communication with others, personal privacy, and choices related to sexual expression and procreation. In making a decision to act contrary to the individual’s expressed wishes, the guardian shall take into account the individual’s understanding of the nature and consequences of the decision, the level of risk involved, the value of the opportunity for the individual to develop decision-making skills, and the need of the individual for wider experience.

54.25(2)(d)3.c.c. Consider whether the ward’s estate is sufficient to pay for the needed services.

54.25 AnnotationThe guardian of an incompetent person in a persistent vegetative state may consent to the withdrawal or withholding of life-sustaining medical treatment without prior court approval if the guardian determines that the withdrawal or withholding is in the ward’s best interests. Lenz v. L.E. Phillips Career Development Center, 167 Wis. 2d 53, 482 N.W.2d 60 (1992).

54.25 AnnotationThe guardian of a person who became incompetent after voluntarily entering a nursing home with 16 or more beds may not consent to the person’s continued residence in the home. Upon the appointment of a guardian, the court must hold a protective placement hearing. Agnes T. v. Milwaukee County, 189 Wis. 2d 520, 525 N.W.2d 268 (1995).

54.25 AnnotationThe holding in In re Guardianship of L.W., 167 Wis. 2d 53 (1992), does not extend to persons who are not in a persistent vegetative state. However, if the guardian of the person not in a persistent vegetative state demonstrates by a clear statement of the ward made while competent that withdrawal of medical treatment is desired, it is in the patient’s best interest to honor those wishes. Spahn v. Eisenberg, 210 Wis. 2d 557, 563 N.W.2d 485 (1997), 95-2719.

54.25 AnnotationA guardian may not sue for the loss of society and companionship of a ward, nor bring a separate claim for costs incurred or income lost on account of injuries to the ward. Conant v. Physicians Plus Medical Group, Inc., 229 Wis. 2d 271, 600 N.W.2d 21 (Ct. App. 1999), 98-3285.

54.25 NoteNOTE: The above annotations relate to guardianships under former ch. 880, 2003 stats., prior to the revision of and renumbering of that chapter to this chapter by 2005 Wis. Act 387.