54.42 (1) (c) If the person requests but is par. (a) 1., 2., or 3. applies but the proposed ward or ward is unable to obtain legal counsel, the court shall appoint legal counsel. If the person is represented by counsel appointed under s. 977.08 in a proceeding for a protective placement under s. 55.06 or for the appointment of a guardian under s. 880.07 (1m), the court shall order the counsel appointed under s. 977.08 to represent the person.
387,462
Section
462. 880.33 (2) (a) 3. of the statutes is renumbered 54.46 (3) (b) and amended to read:
54.46 (3) (b) Guardian ad litem and defense fees for indigents; liability. If the person
proposed ward is an adult who is indigent, the county of legal settlement shall be in which venue lies for the guardianship proceeding is the county liable for any fees due the guardian ad litem and, if counsel was not appointed under s. 977.08, for any legal fees due the person's proposed ward's legal counsel. If the person is a minor, the person's parents or the county of legal settlement shall be liable for any fees due the guardian ad litem as provided in s. 48.235 (8).
387,463
Section
463. 880.33 (2) (b) of the statutes is renumbered 54.42 (3) and amended to read:
54.42 (3) Right to independent examination. If requested by the proposed ward, ward, or anyone on the proposed ward's or ward's behalf, the proposed ward
or ward has the right at his or her own expense, or if indigent at the expense of the county where the petition is filed heard on the merits, to secure an independent medical or psychological examination relevant to the issue involved in any hearing under this chapter, and to present a report of this independent evaluation or the evaluator's personal testimony as evidence at the hearing.
387,464
Section
464. 880.33 (2) (d) of the statutes is repealed.
387,465
Section
465. 880.33 (2) (e) of the statutes is renumbered 54.44 (5) and amended to read:
54.44 (5) Privacy of hearing. Every hearing on a petition under s. 880.07 (1m) under this chapter shall be open closed, unless the proposed ward or his or her attorney acting with the proposed ward's consent or the attorney for a foreign ward moves that it be closed
open. If the hearing is closed, only persons in interest, including representatives of providers of service and interested persons, their attorneys, and witnesses, may be present.
387,466
Section
466. 880.33 (3) of the statutes is repealed.
387,467
Section
467. 880.33 (4) of the statutes is repealed.
387,468
Section
468. 880.33 (4m) and (4r) of the statutes are repealed.
387,469
Section
469. 880.33 (5) of the statutes is renumbered 54.15 (1) and amended to read:
54.15 (1) Opinions of proposed ward and family. In appointing a guardian, the The court shall take into consideration the opinions of the alleged incompetent proposed ward and of the members of the his or her family as to what is in the best interests of the proposed incompetent ward. However, the best interests of the proposed incompetent ward shall control in making the determination when the opinions of the family are in conflict with the clearly appropriate decision. those best interests.
(1m) The court shall also consider potential conflicts of interest resulting from the prospective guardian's employment or other potential conflicts of interest. If the proposed incompetent has executed a power of attorney for health care under ch. 155, the court shall give consideration to the appointment of the health care agent for the individual as the individual's guardian.
387,470
Section
470. 880.33 (5m) of the statutes is renumbered 54.15 (9) and amended to read:
54.15 (9) Limitation on number of wards of guardian. No person, except a nonprofit corporation approved by the department of health and family services under s. 880.35, who has individual may have guardianship of the person of more than 5 or more adult wards who are unrelated to the person may accept appointment
individual, except that a court may, under circumstances that the court determines are appropriate, waive this limitation to authorize appointment of the individual as guardian of the person of another adult ward unrelated to the person, unless approved by the department. No such person may accept appointment as guardian of more than 10 such additional adult wards who are unrelated to the person individual. A corporation or association that is approved by the department under sub. (7) is not limited in the number of adult wards for which the corporation or association may accept appointment by a court as guardian.
387,471
Section
471. 880.33 (6) of the statutes is renumbered 54.75 and amended to read:
54.75 Access to court records. All court records pertinent to the finding of incompetency are closed but subject to access as provided in s. 55.06 (17) 51.30 or under an order of a court under this chapter. The fact that a person has been found incompetent and the name of and contact information for the guardian is accessible to any person who demonstrates to the custodian of the records a need for that information.
387,472
Section
472. 880.33 (7) of the statutes is renumbered 54.48 and amended to read:
54.48 Protective placement and protective services. A finding of incompetency and appointment of a guardian under this subchapter chapter is not grounds for involuntary protective placement. Such or the provision of protective services. Protective placement and the provision of protective services may be made only in accordance with s. 55.06 ch. 55.
387,473
Section
473. 880.33 (8) (intro.) of the statutes is repealed.
387,474
Section
474. 880.33 (8) (a) of the statutes is repealed.
387,475
Section
475. 880.33 (8) (b) of the statutes is renumbered 54.46 (2) (b) and amended to read:
54.46 (2) (b) Power of attorney for health care. If the proposed incompetent has ward executed a power of attorney for health care under ch. 155, find that
before a finding of incompetency and appointment of a guardian is made for the ward under this chapter, the power of attorney for health care instrument should remain remains in effect. If the court so finds, the court shall so order and shall, except that the court may, only for good cause shown, revoke the power of attorney for health care or limit the power of the guardian to make those health care decisions for the ward that are not to be made by the health care authority of the agent under the terms of the power of attorney for health care instrument. Unless the court makes this revocation or limitation, the ward's guardian may not make health care decisions for the ward that may be made by the health care agent, unless the guardian is the health care agent under those terms.
387,476
Section
476. 880.33 (9) of the statutes is renumbered 54.25 (2) (c) 1. g. and amended to read:
54.25 (2) (c) 1. g. All the rights and privileges afforded a proposed incompetent under this section shall be given to any person who is alleged to be ineligible to register to vote or to vote in an election by reason that such person is incapable of understanding the objective of the elective process. The determination of the court shall be limited to a finding that the elector is either eligible or ineligible The right to register to vote or to vote in an election by reason that the person is or is not capable
, if the court finds that the individual is incapable of understanding the objective of the elective process. Also, in accordance with s. 6.03 (3), any elector of a municipality may petition the circuit court for a determination that an individual residing in the municipality is incapable of understanding the objective of the elective process and thereby ineligible to register to vote or to vote in an election. This determination shall be made by the court in accordance with the procedures specified in this paragraph. If a petition is filed under this subd. 1. g., the finding of the court shall be limited to a determination as to voting eligibility. The appointment of a guardian is not required for an individual whose sole limitation is ineligibility to vote. The determination of the court shall be communicated in writing by the clerk of court to the election official or agency charged under s. 6.48, 6.92, 6.925, or 6.93 with the responsibility for determining challenges to registration and voting which that may be directed against that elector. The determination may be reviewed as provided in s. 880.34 (4) and (5) 54.64 (2) and any subsequent determination of the court shall be likewise communicated by the clerk of court.
387,477
Section
477. 880.331 (title) of the statutes is renumbered 54.40 (title) and amended to read:
54.40 (title) Guardian ad litem in incompetency cases; appointment; duties; termination.
387,478
Section
478. 880.331 (1) of the statutes is renumbered 54.40 (1) and amended to read: