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)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 Annotation
The 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. In Matter of Guardianship of L.W.,
167 Wis. 2d 53,
482 N.W.2d 60 (1992).
54.25 Annotation
The 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. Guardianship of Agnes T.,
189 Wis. 2d 520,
525 N.W.2d 268 (1995).
54.25 Annotation
The holding in
Guardianship of L.W. 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. Eiseberg,
210 Wis. 2d 557,
563 N.W.2d 485 (1997),
95-2719.
54.25 Annotation
A 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 Note
NOTE: The above annotations relate to guardianships under ch. 880, stats., prior to the revision of and renumbering of that chapter to ch. 54 by
2005 Wis. Act 387.
54.26
54.26
Guardian training requirements. 54.26(1)(a)
(a) Every guardian of the person, unless exempted under sub.
(2) (c),
(d), or
(e), shall complete training on all of the following topics:
54.26(1)(a)1.
1. The duties and required responsibilities of a guardian under the law and limits of a guardian's decision-making authority.
54.26(1)(a)2.
2. Alternatives to guardianship, including supported decision-making agreements and powers of attorney.
54.26(1)(a)4.
4. Best practices for a guardian to solicit and understand the wishes and preferences of a ward, involving a ward in decision making, and taking a ward's wishes and preferences into account in decisions made by the guardian.
54.26(1)(a)5.
5. Restoration of a ward's rights and the process for removal of guardianship.
54.26(1)(a)6.
6. Future planning and identification of a potential standby or successor guardian.
54.26(1)(b)
(b) Every guardian of the estate shall complete training on all of the following topics:
54.26(1)(b)1.
1. The duties and required responsibilities of a guardian under the law and limits of a guardian's decision-making authority.
54.26(2)
(2)
Initial training requirements.