Wisconsin Statutes 53.32 – Accepting guardianship transferred from another state
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Wisconsin Statutes 53.32
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Sworn: includes "affirmed" in all cases where by law an affirmation may be substituted for an oath. See Wisconsin Statutes 990.01
(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.
(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.
(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).
(4) The court shall issue an order provisionally granting a petition filed under sub. (1) unless any of the following circumstances occurs:
(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.
(b) The guardian of the person or guardian of the estate is ineligible for appointment in this state.
(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.
(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.
(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.
(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.
(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).