45.51(5)(a)1.a.
a. Was married to and living with the deceased person under
sub. (2) (a) 1. or
2. not less than 6 months immediately prior to the death of the person.
45.51(5)(a)1.b.
b. Was married to the person under
sub. (2) (a) 1. or
2. at the time the person entered the service and who became a widow or widower by the death of the person while in the service or as a result of physical disability of the person incurred during the service.
45.51(5)(a)1.c.
c. The period during which the surviving spouse was married to and lived with the deceased person under
sub. (2) (a) 1. or
2. plus the period of widowhood or widowerhood is 6 months or more.
45.51(5)(a)1.d.
d. Was married to and living with the person under
sub. (2) (a) 1. or
2. less than 6 months and a child was born of the marriage.
45.51(5)(c)
(c) Is 45 years of age or over on the date of application.
45.51(5)(e)
(e) Is unable adequately to care for himself or herself and lacks adequate means of support.
45.51(6)
(6) Additional eligibility requirements of parents. The parent of a person under
sub. (2) (a) 1. or
2. or the parent of a person who died while in the service is eligible if the parent meets the requirements of
sub. (2) (b) 3. to
5. and satisfies all of the following conditions:
45.51(6)(c)
(c) Is physically disabled, unable adequately to care for himself or herself, and lacks adequate means of support.
45.51(6m)
(6m) Residency. In order to be eligible for benefits under this subchapter, a person specified under
sub. (2) (a) 1.,
2., or
3. does not have to be a resident of this state on the date of application for membership.
45.51(7)
(7) Member income retention and payment. 45.51(7)(a)(a) The board shall establish a pay plan for compensation of members for services rendered to a veterans home under its work therapy program.
45.51(7)(b)
(b) Members shall pay the amount due the state for care and maintenance of the member within 30 days after the receipt of the veterans home's billing statement by the member or by the member's personal representative. The department may subject any bill not paid within 30 days after receipt of the billing statement to an interest assessment of 1 percent per month or fraction of a month. If payment is not made within 60 days after the receipt of the billing statement, the department may discharge the member from the veterans home.
45.51(7)(c)
(c) Payment of amounts due the state for care and maintenance of a member shall be made to the fullest extent possible from sources of income other than pension or compensation paid by the U.S. department of veterans affairs.
45.51(7)(d)
(d) A member is not required to use income received from services rendered to the veterans home under its work therapy program or from the sale of products or services through the hobby shop as payment for the care or maintenance of the member at the veterans home.
45.51(7)(e)
(e) The department shall supervise the operation of a veterans home exchange, including the operation of the hobby shop for the sale of products made by all members.
45.51(8)
(8) Personal funds of member. A member may, in writing, authorize a veterans home to receive, hold, and account for his or her personal funds.
Section 49.498 (8) applies to the funds of a member held by the veterans home under this subsection. The department may transfer the personal funds of a member received under this subsection to the Wisconsin veterans facilities members fund under
s. 25.37. Upon request of the member, the department shall pay the member the amount the member requests from his or her personal account.
45.51(10)
(10) Conveyance of property; descent. 45.51(10)(a)(a) Except as otherwise provided in this subsection, the application and admission of any applicant admitted under this section shall constitute a valid and binding contract between a member and the department. If a member dies leaving a relative that is entitled to an interest in the property of the member under the rules of intestate succession or a will the existence of which is made known to the commandant of the veterans home within 60 days of the member's death, the member's property shall constitute a part of the member's estate, except the commandant may distribute personal effects of nominal monetary value of a deceased member who is not survived by a member spouse to surviving relatives of the member who request the personal effects within a reasonable time after the member's death.
45.51(10)(b)
(b) The department may manage, sell, lease, or transfer property passing 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 the property. All expenditures necessary for the execution of functions under this paragraph or
sub. (14) shall be made from the appropriation in
s. 20.485 (1) (h).
45.51(10)(c)
(c) A person who at the time of death is a member of a veterans home is a resident of the county in which the veterans home is located 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.
45.51(11)
(11) Disposition of property passing to state. If a member dies without a relative who 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 within 60 days of the member's death, the member's property shall be converted to cash, without administration. The commandant of a veterans home shall submit that converted sum to the secretary of administration to be paid into the appropriation under
s. 20.485 (1) (h). The amount paid to the secretary of administration is subject to refund within 6 years to the estate of a member if it is subsequently discovered that the member 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 member who establishes right to the funds or property or any portion of the funds or property. The department of administration, upon being satisfied that a claim out of the funds or property is legal and valid, shall pay the claim out of the 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
s. 45.61 (2).
45.51(12)
(12) Powers of commandant over personal funds of members. A commandant may receive, disburse, and account for funds of members.
45.51(13)
(13) Additional eligibility requirements for skilled nursing facilities. Any person admitted to a skilled nursing facility at a veterans home shall meet the eligibility requirements under
ss. 49.45 and
49.46, and, if applicable,
s. 49.471 and rules promulgated under those sections during residence at the skilled nursing facility except if any of the following apply:
45.51(13)(a)
(a) Persons with sufficient income and resources to meet the expenses of care for one or more months may be admitted to the skilled nursing facility but shall apply income and resources to costs to the extent required under
ss. 49.45 and
49.46, and, if applicable,
s. 49.471 and rules promulgated under those sections.
45.51(13)(b)
(b) Persons who meet all the requirements of this section but whose degree of physical disability does not meet the minimum requirements under
ss. 49.45 and
49.46 and rules promulgated under those sections may be admitted to the skilled nursing facility but shall apply income and resources to costs to the extent required by
ss. 49.45 and
49.46, and, if applicable,
s. 49.471 and rules promulgated under those sections.
45.51(14)
(14) Additional eligibility requirement for other care facilities at veterans homes. An otherwise eligible person may be admitted to or remain in residency at a community-based residential facility, as defined in
s. 50.01 (1g) or a residential care apartment complex, as defined in
s. 50.01 (6d) at a veterans home 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.