1. (1) The guardian representative shall meet with the ward within 14 days of the court appointment as corporate guardian. At the first meeting, the guardian representative shall complete all of the following:

   1. (a) Explain to the ward the role of the guardian.
   2. (b) Explain the guardianship determination and order including the rights addressed by the court. The guardian representative shall be familiar with the provisions of the court order as they relate to limitations on the rights of the ward and those rights which are retained. The guardian representative shall explain to the ward the provisions of the court order as they relate to limitations on the rights of the ward and those rights which are retained.
   3. (c) Explain the applicable rights of the ward contained in ss. 54.18 (1), 54.25 (2), 54.42 and 55.10 (4), Stats., s. DHS 85.13 and the rules of the residence.
   4. (d) Explain how to file a grievance and how to obtain a written copy of the grievance procedures for the living arrangement or for a service provider and the guardianship program.

   5. (e) Explain how to file a complaint with the department and provide the ward with the department’s toll-free complaint telephone number and the address and telephone number of the department’s division of quality assurance.

      Note: A complaint may be filed by writing the Division of Quality Assurance, 201 E. Washington Ave., Room E300, Madison, WI 53703 or by calling the department’s toll-free complaint line at 1-800-642-6552 or by filing a complaint at https://www.surveygizmo.com/s3/4488026/DQA-Complaint-Intake-Survey.

2. (2) The guardian representative shall notify relevant agencies and individuals of the appointment guardianship and shall provide letters of guardianship to the ward’s service providers and others, as necessary.
3. (3) If a medical evaluation was not completed within the past year, the guardian shall obtain an evaluation of the ward’s condition, treatment, and functional status from the ward’s treating physician, or appropriate treatment provider.
4. (4) The guardian representative shall fulfill the duties of a guardian of person pursuant to ss. 54.18 (2) and (3) and 54.25 (1), Stats. The guardian representative shall fulfill the powers assigned by the court and shall exercise only those powers granted to the guardian representative by the court pursuant to s. 54.25 (2), Stats. A guardian representative shall be aware of and, if applicable, advocate for the ward’s rights under ss. 50.09 and 51.61, Stats., and shall advocate for the least possible restrictions on the ward’s liberty and exercise of constitutional and statutory rights, pursuant to ss. 54.18 (2) and 54.25 (2) (d) 3., Stats.
5. (5) A guardian representative of the estate shall fulfill the duties of a guardian of the estate pursuant to ss. 54.18 (2) and (3), 54.19, and 54.20 (1), Stats. A guardian representative shall fulfill the powers assigned by the court pursuant to s. 54.20, Stats., and shall seek court approval for those powers requiring court approval pursuant to s. 54.20 (2), Stats. In seeking compensation or reimbursement from the ward’s funds, a guardian representative shall ensure that any payments sought or received will not prevent the corporate guardian from providing adequately for the personal needs of the ward from the ward’s available assets and income, including any available public benefits.
6. (6) A corporate guardian shall obtain court approval prior to receiving any compensation or reimbursement from the wards funds, pursuant to s. 54.72, Stats. In seeking compensation or reimbursement from the ward’s funds, a corporate guardian must ensure that any payments sought or received will not prevent the corporate guardian from providing adequately for the personal needs of the ward from the ward’s available assets and income, including any available public benefits.
7. (7) For a guardian of person, the guardian representative shall have face-to-face contact with the ward at least once every 3 months and more often as needed to meet the needs of the ward. The guardian representative shall take necessary action to see that the ward receives needed services, and to assure that the ward is well treated, properly cared for, and provided with the opportunity to exercise legal rights. The guardian representative shall visit the ward in their residence at least annually.
8. (8) For guardian of estate, the guardian representative shall have personal contact every 3 months and more often as needed to meet the needs of the ward. The guardian representative shall take necessary action to see that the ward receives needed services, and to assure that the ward is well treated, properly cared for, and provided with the opportunity to exercise legal rights. The guardian representative shall have face-to-face contact with the ward at least annually.

History

History: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register July 2015 No. 715.