45.37(10)(c) (c) The department may manage, sell, lease or transfer property descending to the state pursuant to this section or conveyed to it by members, defend and prosecute all actions concerning it, pay all just claims against it, and do all other things necessary for the protection, preservation and management of such property. All expenditures necessary for the execution of functions under this paragraph or sub. (11) shall be made from the appropriation in s. 20.485 (1) (h).

45.37(10)(d) (d) A person who at the time of death is a member of the home is a resident of Waupaca County for the probate of the person's will, issuance of letters testamentary or other letters authorizing the administration of the decedent's estate, and the administration of the estate.

45.37(11) (11) Disposition of property descending to state. If a member dies without a relative that is entitled to an interest in the property of the member under the rules of intestate succession and without leaving a will the existence of which is made known to the commandant of the home or the southeastern facility, within 60 days of the member's death, the member's property shall be converted to cash and turned over by the commandant of the home or the southeastern facility, to the state treasurer to be paid into the appropriation under s. 20.485 (1) (h), without administration. The amount is subject to refund within 6 years to the estate of a veteran if it is subsequently discovered that the veteran left a will or a relative that is entitled to an interest in the property of the member under the rules of intestate succession or to any creditor of the veteran who establishes right to the fund or property or any portion thereof. The department, upon being satisfied that a claim out of such funds or property is legal and valid, shall pay the same out of such funds or property, except that payment of claims for a member's funeral and burial expenses may not exceed a total of $1,500 including any amount allowed by the United States for the member's funeral and burial and the right for burial and interment provided in sub. (15) (a).

45.37(12) (12) Certificates of lien. All certificates of lien filed prior to July 31, 1975 are void and shall be released by the department upon request without consideration.

45.37(14) (14) Powers of commandant over personal funds of members. A commandant may receive, disburse, and account for funds of members.

45.37(15) (15) Eligibility for burial and interment at the home.

45.37(15)(a) (a) A person who is eligible under s. 45.358 (3) for burial at a veterans cemetery is eligible for burial and interment at the cemetery of the home known as the "Wisconsin Veterans Memorial Cemetery". The cost of preparing the grave and the erection of a marker for a veteran, as defined in s. 45.358 (1) (b), shall be paid from the appropriation made by s. 20.485 (1) (gk).

45.37(15)(b) (b) Application for burial shall be made to the department. The surviving spouse of the veteran, as defined in s. 45.358 (1) (b), shall have the privilege of selecting a lot next to the veteran if available. Permission shall be given by the department for a period of one year from date of granting, but may be extended, on request, for additional one-year periods.

45.37(15)(c) (c) Expenses incident to the burial at the home of a member shall be paid from the estate of the decedent, except that if there is no estate or the estate is insufficient, the expense of burial, or necessary part thereof, shall be paid from the appropriation under s. 20.485 (1) (gk) and the amount expended therefor shall not exceed the amount established for funeral and burial expenses under s. 49.30 (1) (b).

45.37(17) (17) Additional eligibility requirements. Any person admitted to the home or the nursing care facility operated by the department within the southeastern facility shall meet during residence at the home or at the nursing care facility operated by the department within the southeastern facility the eligibility requirements under ss. 49.45 and 49.46 and rules promulgated thereunder except that:

45.37(17)(a) (a) Persons with sufficient income and resources to meet the expenses of care for one or more months may be admitted to or remain in membership at the home or the nursing care facility operated by the department within the southeastern facility but shall apply income and resources to costs to the extent required by ss. 49.45 and 49.46 and rules promulgated thereunder; or

45.37(17)(b) (b) Persons who meet all the requirements of this section but whose degree of physical disability does not meet the minimum requirements in ss. 49.45 and 49.46 and rules promulgated thereunder may be admitted to or remain in membership at the home or the nursing care facility operated by the department within the southeastern facility but shall apply income and resources to costs to the extent required by ss. 49.45 and 49.46 and rules promulgated thereunder.

45.37(18) (18) Southeastern facility additional eligibility requirement. An otherwise eligible person may be admitted to or remain in residency at a residential or treatment facility within the southeastern facility only if the person has sufficient income and resources, and applies the income and resources to fully reimburse the department for the cost of providing care to the person. This income and resource limit on eligibility does not apply to persons admitted to the nursing care facility operated by the department within the southeastern facility.

45.37 History History: 1971 c. 40, 42, 198; 1973 c. 90, 147; 1973 c. 333 ss. 84, 85, 86, 201m; 1975 c. 39, 94, 199, 224; 1977 c. 29; 1977 c. 105 s. 59; 1977 c. 237, 309; 1977 c. 418 s. 924 (50); 1977 c. 447 s. 206; 1979 c. 34; 1979 c. 110 s. 60 (13); 1979 c. 221; 1981 c. 20 ss. 733m, 2202 (55) (a); 1981 c. 390; 1983 a. 27, 368, 430; 1985 a. 29, 135; 1985 a. 332 s. 251 (1); 1987 a. 27, 399; 1989 a. 31, 56; 1991 a. 2, 39, 102, 189; 1993 a. 16, 254; 1995 a. 123, 255; 1997 a. 27; 1999 a. 9, 63, 83, 185, 186; 2001 a. 16, 102, 103.

45.37 Cross-reference Cross Reference: See also s. VA 6.01, Wis. adm. code.

45.37 Annotation A resident must surrender property only as called for by the statute at the time of application, not as later amended. Estate of Nottingham, 46 Wis. 2d 580, 175 N.W.2d 640 (1970).

45.375 45.375  Hospital at Wisconsin Veterans Home.

45.375(1) (1) The department may establish a hospital at the Wisconsin Veterans Home at King.

45.375(2) (2) A hospital established under sub. (1) may not have an approved bed capacity, as defined in s. 150.01 (4m), greater than 16 beds. The approved bed capacity of the nursing home licensed under s. 50.03 on July 1, 1995, and operated at the Wisconsin Veterans Home at King is reduced by one bed for each approved bed at the hospital established under sub. (1).

45.375 History History: 1995 a. 20, 27; 2001 a. 103.

45.38 45.38  Department, additional powers to provide structures, facilities and permanent improvements.

45.38(1) (1) In this section unless the context requires otherwise:

45.38(1)(a) (a) "Existing building" in relation to any conveyance, lease or sublease made under sub. (2) (a) 1., 2. and 3. means all detention, treatment, administrative, recreational, infirmary, hospital, vocational and academic buildings; all dormitories and cottages; all storage facilities, heating plants, sewage disposal plants and such other buildings, structures, facilities and permanent improvements as in the judgment of the board are needed or useful for the purposes of the department, and all equipment therefor and all improvements and additions thereto which were erected, constructed or installed prior to the making of such conveyance, lease or sublease.

45.38(1)(b) (b) "New building" in relation to any conveyance, lease or sublease made under sub. (2) (a) 1., 2. and 3. means all detention, treatment, administrative, recreational, infirmary, hospital, vocational and academic buildings; all dormitories and cottages; all storage facilities, heating plants, sewage disposal plants, and such other buildings, structures, facilities and permanent improvements as in the judgment of the board are needed or useful for the purposes of the department, and all equipment therefor and all improvements and additions thereto which are erected, constructed or installed after the making of such conveyance, lease or sublease.

45.38(1)(c) (c) "Nonprofit corporation" means a nonstock corporation that is organized under ch. 181 and that is a nonprofit corporation, as defined in s. 181.0103 (17).

45.38(2) (2) The department shall have and may exercise the powers and duties provided in this section.

45.38(2)(a) (a) In order to provide new buildings and to enable the construction and financing thereof, to refinance indebtedness hereafter created by a nonprofit corporation for the purpose of providing a new building or buildings or additions or improvements thereto which are located on land owned by, or owned by the state and held for, the department or on lands of the institutions under the jurisdiction of the department or by the nonprofit corporation, or for any one or more of said purposes, but for no other purpose unless authorized by law, the department has the following powers and duties:

45.38(2)(a)1. 1. Without limitation by reason of any other provisions of the statutes, the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or of any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the board are in the public interest.

45.38(2)(a)2. 2. The power to lease to a nonprofit corporation for a term or terms not exceeding 50 years each any land and any existing buildings thereon owned by, or owned by the state and held for, the department or of any of the institutions under the jurisdiction of the department upon such terms and conditions as in the judgment of the board are in the public interest.