53.26(3) (3)In determining whether it is an appropriate forum, the court shall consider all relevant factors, including all of the following:
53.26(3)(a) (a) Any expressed preference of the respondent.
53.26(3)(b) (b) Whether abuse, neglect, self-neglect, or financial exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, self-neglect, or financial exploitation.
53.26(3)(c) (c) The length of time the respondent was physically present in or had established residence in this or another state.
53.26(3)(d) (d) The distance of the respondent from the court in each state.
53.26(3)(e) (e) The financial circumstances of the respondent's estate.
53.26(3)(f) (f) The nature and location of the evidence.
53.26(3)(g) (g) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence.
53.26(3)(h) (h) The familiarity of the court of each state with the facts and issues in the proceeding.
53.26(3)(i) (i) If an appointment is made, the court's ability to monitor the conduct of the guardian of the person or guardian of the estate.
53.26 History History: 2017 a. 187.
53.27 53.27 Jurisdiction declined by reason of conduct.
53.27(1)(1)If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian of the person or issue an order appointing a guardian of the estate because of unjustifiable conduct, the court may do any of the following:
53.27(1)(a) (a) Decline to exercise jurisdiction.
53.27(1)(b) (b) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or to prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian of the person or issuance of an order appointing a guardian of the estate is filed in a court of another state having jurisdiction.
53.27(1)(c) (c) Continue to exercise jurisdiction after considering all of the following:
53.27(1)(c)1. 1. The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction.
53.27(1)(c)2. 2. Whether it is a more appropriate forum than the court of any other state under the factors set forth in s. 53.26.
53.27(1)(c)3. 3. Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of s. 53.23.
53.27(2) (2)If a court of this state determines that it acquired jurisdiction to appoint a guardian of the person or issue an order appointing a guardian of the estate because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.
53.27 History History: 2017 a. 187.
53.28 53.28 Notice of proceeding. If a petition for the appointment of a guardian of the person or issuance of an order appointing a guardian of the estate is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state.
53.28 History History: 2017 a. 187.
53.29 53.29 Proceedings in more than one state. Except for a petition for the appointment of a temporary guardian or issuance of an order limited to property located in this state under s. 53.24 (1) (a) or (b), if a petition for the appointment of a guardian of the person or issuance of an order appointing a guardian of the estate is filed in this state and in another state and neither petition has been dismissed or withdrawn, all of the following rules apply:
53.29(1) (1)If the court in this state has jurisdiction under s. 53.23, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to s. 53.23 before the appointment or issuance of the order.
53.29(2) (2)If the court in this state does not have jurisdiction under s. 53.23, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
53.29 History History: 2017 a. 187.
subch. III of ch. 53 SUBCHAPTER III
TRANSFER OF GUARDIANSHIP
53.31 53.31 Transfer of guardianship to another state.
53.31(1)(1)A guardian of the person or guardian of the estate appointed in this state may petition the court to transfer the guardianship to another state.
53.31(2) (2)Notice of a petition under sub. (1) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian under s. 54.38.
53.31(3) (3)On the court's own motion or on request of the guardian of the person or guardian of the estate, the individual subject to a guardianship of the person or of the estate, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed under sub. (1).
53.31(4) (4)The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian of the person or guardian of the estate to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that all of the following are satisfied:
53.31(4)(a) (a) The individual subject to the guardianship of the person or of the estate is physically present in or is reasonably expected to move permanently to the other state.
53.31(4)(b) (b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the individual subject to the guardianship of the person or of the estate.
53.31(4)(c) (c) For guardianship of the person, plans for care and services for the individual subject to the guardianship of the person in the other state are reasonable and sufficient.
53.31(4)(d) (d) For guardianship of the estate, adequate arrangements will be made for management of the property of the individual subject to a guardianship of the estate.
53.31(5) (5)The court shall issue a final order confirming the transfer and terminating the guardianship upon its receipt of all of the following:
53.31(5)(a) (a) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to s. 53.32.
53.31(5)(b) (b) The documents required to terminate a guardianship in this state.
53.31(6) (6)The court may at any time appoint a guardian ad litem to represent the interests of the respondent. The court shall appoint a guardian ad litem if an objection is made under sub. (4) (b).
53.31 History History: 2017 a. 187.
53.32 53.32 Accepting guardianship transferred from another state.
53.32(1)(1)To confirm transfer of a guardianship of the person or of the estate transferred to this state under provisions similar to s. 53.31, the guardian of the person or guardian of the estate must petition the court in this state to accept the guardianship. The petition must include a certified copy of the other state's provisional order of transfer. The petition shall also include a proposed order specifying the powers to be granted in this state and a sworn statement that, to the best of the petitioner's knowledge, the proposed order is consistent with the authority granted to the guardian in the other state.
53.32(2) (2)Notice of a petition under sub. (1) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian of the person or issuance of an order appointing a guardian of the estate in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.
53.32(3) (3)On the court's own motion or on request of the guardian of the person or guardian of the estate, the individual subject to a guardianship of the person or of the estate, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed under sub. (1).
53.32(4) (4)The court shall issue an order provisionally granting a petition filed under sub. (1) unless any of the following circumstances occurs:
53.32(4)(a) (a) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the individual subject to a guardianship of the person or of the estate or that the proposed powers to be given to the guardian significantly expand the powers granted to the guardian in the other state.
53.32(4)(b) (b) The guardian of the person or guardian of the estate is ineligible for appointment in this state.
53.32(5) (5)The court shall issue a final order accepting the proceeding and appointing the guardian of the person or guardian of the estate as guardian in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to s. 53.31 transferring the proceeding to this state.
53.32(6) (6)Not later than 60 days after issuance of a final order accepting transfer of a guardianship of the person or of the estate, the court shall determine whether the guardianship needs to be modified to conform to the law of this state. If a petitioner requests the expansion of powers that were granted to a guardian in another state, a hearing shall be held that conforms to the requirements of s. 54.63.
53.32(7) (7)In granting a petition under this section, the court shall recognize a guardianship order from the other state, including the determination of incapacity of the individual subject to a guardianship of the person or of the estate and the appointment of the guardian of the person or guardian of the estate.
53.32(8) (8)The denial by a court of this state of a petition to accept a guardianship transferred from another state does not affect the ability of the guardian of the person or of the estate to seek appointment as guardian in this state under s. 54.10 or 54.76 if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
53.32(9) (9)The court may at any time appoint a guardian ad litem to represent the interests of the respondent or to assist the court in conforming the order to the laws of this state. The court shall appoint a guardian ad litem if an objection is made under sub. (4) (a).
53.32 History History: 2017 a. 187.
subch. IV of ch. 53 SUBCHAPTER IV
REGISTRATION AND RECOGNITION
OF ORDERS FROM OTHER STATES
53.41 53.41 Registration of guardianship of the person orders. If a guardian of the person has been appointed in another state and a petition for the appointment of a guardian of the person is not pending in this state, the guardian of the person appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship of the person order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
53.41 History History: 2017 a. 187.
53.42 53.42 Registration of guardianship of the estate orders. If a guardian of the estate has been appointed in another state and a petition for an order to appoint a guardian of the estate is not pending in this state, the guardian of the estate appointed in the other state, after giving notice to the appointing court of an intent to register, may register the order appointing the guardian of the estate in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the individual subject to the guardianship of the estate is located, certified copies of the order and letters of office and of any bond.
53.42 History History: 2017 a. 187.
53.43 53.43 Effect of registration.
53.43(1)(1)Upon registration of a guardianship order from another state, the guardian of the person or guardian of the estate may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian of the person or of the estate is not a resident of this state, subject to any conditions imposed upon nonresident parties.
53.43(2) (2)A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.
53.43 History History: 2017 a. 187.
subch. V of ch. 53 SUBCHAPTER V
UNIFORMITY; FEDERAL LAW
53.51 53.51 Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
53.51 History History: 2017 a. 187.
53.52 53.52 Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 USC 7001 to 7031, but does not modify, limit, or supersede section 101 (c) of that act, 15 USC 7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of that act, 15 USC 7003 (b).
53.52 History History: 2017 a. 187.
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2021-22 Wisconsin Statutes updated through 2023 Wis. Act 71 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on February 14, 2024. Published and certified under s. 35.18. Changes effective after February 14, 2024, are designated by NOTES. (Published 2-14-24)