Wisconsin Statutes 54.63 – Expansion of order of guardianship; procedure
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Terms Used In Wisconsin Statutes 54.63
- 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.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(1) If the guardian or another interested person submits to the court a written statement with relevant accompanying support requesting the removal of rights from the ward and transfer to the guardian of powers in addition to those specified in the order of appointment of the guardian, based on an expansion of the ward’s incapacity, the court shall do all of the following:
(a) Appoint a guardian ad litem for the ward.
(b) Order that notice, including notice concerning potential court action if circumstances are extraordinary, be given to all of the following:
1. The county department of social services or human services if the ward is protectively placed or receives long-term support services as a public benefit.
2. The ward.
3. The guardian.
4. The agent under the ward’s power of attorney for health care under ch. 155, if any, and the agent under the ward’s durable power of attorney under ch. 244, if any.
5. Any other persons determined by the court.
(2)
(a) If, after 10 days after notice is provided under sub. (1) (b), or earlier if the court determines that the circumstances are extraordinary, no person submits to the court an objection to the request under sub. (1), the court may amend the order entered under s. 54.46 (2) and enter a determination and the amended order that specifies any change in the powers of the guardian.
(b) If, within 10 days after notice is provided under sub. (1) (b), a person submits to the court an objection to the request under sub. (1), the court shall hold a hearing, unless the objector declines a hearing, under the procedure specified in s. 54.64 (2).