Wisconsin Statutes 54.26 – Guardian training requirements
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 54.26
- 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.
- Minor: means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "minor" does not include a person who has attained the age of 17 years. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
(1) Required training topics.
54.26(1)(a) (a) Every guardian of the person, unless exempted under sub. (2) (c), (d), or (e), shall complete training on all of the following topics:
1. The duties and required responsibilities of a guardian under the law and limits of a guardian’s decision-making authority.
2. Alternatives to guardianship, including supported decision-making agreements and powers of attorney.
3. Rights retained by a ward.
4. Best practices for a guardian to solicit and understand the wishes and preferences of a ward, involving a ward in decision making, and taking a ward’s wishes and preferences into account in decisions made by the guardian.
5. Restoration of a ward’s rights and the process for removal of guardianship.
6. Future planning and identification of a potential standby or successor guardian.
7. Resources and technical support for guardians.
(b) Every guardian of the estate shall complete training on all of the following topics:
1. The duties and required responsibilities of a guardian under the law and limits of a guardian’s decision-making authority.
2. Inventory and accounting requirements.
(2) Initial training requirements.
54.26(2)(a) (a) Before the final hearing for a permanent guardianship, any person nominated for appointment or seeking appointment as a guardian of the person is required to receive the training required under sub. (1) (a).
(b) Before the final hearing for permanent guardianship, any person nominated for appointment or seeking appointment as a guardian of the estate is required to receive at least the training required under sub. (1) (b).
(c) A guardian under s. 54.15 (7) who is regulated by the department is exempt from pars. (a) and (b).
(d) A volunteer guardian who has completed the training requirements under sub. (1) is exempt from pars. (a) and (b) with regard to subsequent wards.
(e) A guardian of a minor under s. 48.9795, 48.831, 48.977, 48.978, or 54.10 (1) is exempt from pars. (a) and (b).