54.46 Disposition of petition.

911 words·~4 min read·/wi/chapter-54/54-46-2

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54.46 Disposition of petition. After the hearing under s. 54.44 , the court shall dispose of the case in one of the following ways:

(1)Dismissal of the petition for guardianship.

(a)If the court finds any of the following, the court shall dismiss the petition:

1. Contrary to the allegations of the petition, the proposed ward is not any of the following:

a. Incompetent.

b. A spendthrift.

c. A minor.

2. Advance planning by the ward, as specified in s. 54.10

3. The elements of the petition are unproven.

(b)The court may also consider an application by the proposed ward for the appointment of a conservator under s. 54.76 .

(1m)Dismissal of the petition for receipt and acceptance of a foreign guardianship. If the court finds any of the following, the court shall dismiss the petition:

(a)The foreign guardian is not presently in good standing with the foreign court.

(b)The foreign guardian is moving or has moved the foreign ward or the property of the foreign ward from the foreign jurisdiction in order to avoid or circumvent the provisions of the foreign guardianship order.

(c)The transfer of the foreign guardianship from the foreign jurisdiction is not in the best interests of the foreign ward.

(1r)Receipt and acceptance of a foreign guardianship.

(a)The court shall grant a petition for receipt and acceptance of a foreign guardianship if the court finds all of the following:

1. That the foreign guardian is presently in good standing with the foreign court.

2. That the foreign guardian is not moving or has not moved the foreign ward or the property of the foreign ward from the foreign jurisdiction in order to avoid or circumvent the provisions of the foreign guardianship order.

3. That the transfer of the foreign guardianship from the foreign jurisdiction is in the best interests of the foreign ward.

(b)In granting a petition under par.

(a), the court shall give full faith and credit to the provisions of the foreign guardianship order concerning the determination of the foreign ward’s incapacity. However, the court may modify the provisions of the foreign guardianship order with respect to all of the following:

1. Surety bond requirements.

2. The appointment of a guardian ad litem.

3. Periodic reporting requirements.

4. Any other provisions necessary to conform the foreign guardianship order to the requirements of this chapter and other requirements of this state.

(c)The court may require the foreign guardian to file an inventory of the foreign ward’s property at the time of the transfer from the foreign jurisdiction.

(d)If granting the petition for receipt and acceptance of the foreign guardianship, the court shall coordinate with the foreign court the orderly transfer of the foreign guardianship and, in doing so, the court may do all of the following:

1. Delay the effective date of the receipt and acceptance of the foreign guardianship.

2. Make the receipt and acceptance of the foreign guardianship contingent upon the release or termination of the foreign guardianship and discharge of the foreign guardian under the foreign jurisdiction.

3. Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to release or terminate the foreign guardianship and discharge the foreign guardian.

4. Make other arrangements that the court determines are necessary to effectuate the receipt and acceptance of the foreign guardianship.

(2)Appointment of guardian; order. If the proposed ward is found to be incompetent, a minor, or a spendthrift, the court may enter a determination and order appointing a guardian that specifies any powers of the guardian that require court approval, as provided in ss. 54.20

(2)and 54.25

(2), and may provide for any of the following:

(a)Coguardians. If the court appoints coguardians of the person or coguardians of the estate under s. 54.10

(5), and unless otherwise ordered by the court, each decision made by a coguardian with respect to the ward must be concurred in by any other coguardian, or the decision is void.

(b)Power of attorney for health care. If the ward executed a power of attorney for health care under ch. 155 before a finding of incompetency and appointment of a guardian is made for the ward under this chapter, the power of attorney for health care remains in effect, except that the court may, only for good cause shown, revoke the power of attorney for health care or limit the authority of the agent under the terms of the power of attorney for health care instrument. Unless the court makes this revocation or limitation, the ward’s guardian may not make health care decisions for the ward that may be made by the health care agent, unless the guardian is the health care agent.

(c)Durable power of attorney. If the ward has executed a durable power of attorney before a finding of incompetency and appointment of a guardian is made for the ward under this chapter, the durable power of attorney remains in effect, except that the court may, only for good cause shown, revoke the durable power of attorney or limit the authority of the agent under the terms of the durable power of attorney. Unless the court makes this revocation or limitation, the ward’s guardian may not make decisions for the ward that may be made by the agent, unless the guardian is the agent.