DHS 85.07 HistoryHistory: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10. DHS 85.08DHS 85.08 Corporate guardian closing. DHS 85.08(1)(1) If a guardian is a corporation and the corporation’s corporate status is revoked by the department of financial institutions or is voluntarily or involuntarily dissolved, or if the guardian is an unincorporated association and the association’s status is voluntarily or involuntarily dissolved by the members or a court, or becomes inactive, the guardian shall notify each of its wards, the department, the court which ordered the guardianship, the county department designated under s. 55.02 (2), Stats., and all agencies or persons serving the ward in writing at least 30 days before the corporation closes. DHS 85.08(2)(2) The corporate guardian shall remain responsible for each ward until a successor guardian is appointed by the court. DHS 85.08(3)(3) The corporate guardian shall transfer the original records of its wards to the successor guardian appointed by the court. DHS 85.08 HistoryHistory: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10. DHS 85.09(1)(a)(a) The guardian shall designate an employee who is 21 years or older and is fit and qualified under s. DHS 85.06, to manage its guardianship program. DHS 85.09(1)(b)(b) The guardianship program manager shall have a high school diploma or its equivalent and have at least 3 years of relevant experience. DHS 85.09(1)(c)(c) The guardianship program manager shall be responsible for the ongoing training and competency of all employees. DHS 85.09(1)(d)(d) Any change of guardianship program manager shall be communicated to the department and the county department designated under s. 55.02 (2), Stats., within 14 days following the effective date of the change. DHS 85.09(2)(a)(a) Except at provided in sub. (1) (a) each employee shall have the skills, education and ability to fulfill the employee’s job requirements. DHS 85.09(2)(b)(b) An employee that has direct contact with a ward shall be at least 18 years old. DHS 85.09(3)(3) Background check. At the time of hire, employment or contract and every four years after, the corporate guardian shall conduct and document a caregiver background check on each employee following the procedures in s. 50.065, Stats., and ch. DHS 12. A guardian may not employ or contract with a person who has been convicted of the crimes or offenses, or has a governmental finding of misconduct, found in s. 50.065, Stats., unless the person has been approved under the department’s rehabilitation review process as defined in ch. DHS 12. DHS 85.09(4)(4) Employee records. A separate record for each employee shall be maintained, kept current, and include all of the following: DHS 85.09(4)(a)(a) A written job description including duties, responsibilities and qualifications required for the employee. DHS 85.09(5)(5) Volunteers. The guardian may use volunteers if the volunteer receives the orientation and training necessary to assure the health, safety and welfare of wards. DHS 85.09 HistoryHistory: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10; corrections in (1) (a) under s. 13.92 (4) (b) 7., Stats., and s. 35.17, Stats., Register July 2018 No. 751. DHS 85.10(1)(1) Initial training. Before performing the duties of a guardian, each guardian representative shall receive training that includes all of the following: DHS 85.10(1)(b)(b) Prevention and reporting of ward abuse, neglect and misappropriation of ward property. DHS 85.10(1)(d)(d) Information regarding the needs and services for each ward for whom the guardian representative is responsible. DHS 85.10(1)(e)(e) Information about local resources available to meet the needs of wards. DHS 85.10(2)(2) Continuing education. Each guardian representative shall complete 20 hours of training every 24 calendar months. The training shall be relevant to the guardian representative’s job assignment and designed to increase the effectiveness of the employee to meet the needs of the wards served. DHS 85.10 HistoryHistory: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10. DHS 85.11(1)(1) The guardian shall at all times have an adequate number of staff who are qualified either by training or by experience to meet the needs of its wards, including knowledge of service needs and resources for meeting service needs. DHS 85.11(2)(2) The guardian representative shall be accessible to the ward and to other persons concerned about the ward’s well-being. DHS 85.11(3)(3) The corporate guardian shall have staff available at all times to respond to an emergency situation as defined in s. DHS 94.02 (14). DHS 85.11(4)(4) The corporate guardian shall have staff accessible to the local planning agency or interagency mechanism designated under s. 55.02, Stats. DHS 85.11 HistoryHistory: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10. DHS 85.12(1)(1) The corporate guardian may not be subject to undue influence from any party. DHS 85.12(2)(2) When the corporate guardian is a part of a larger organization, the corporate guardian shall have designated staff with independent decision-making authority about the guardianship program. DHS 85.12(3)(3) Pursuant to s. 55.03 (1), Stats., a guardian may not be a provider of protective services or protective placement for its ward. DHS 85.12(4)(4) No corporate guardian may accept a guardianship from a court in a county in which a member of the corporate guardian’s board of directors or any employee or volunteer of the corporate guardian is a member or employee of the community board organized under s. 46.23, 51.42 or 51.437, Stats., or an employee of the county department of social services or human services or community programs or county board of supervisors or department of aging or a county court commissioner who hears petitions for guardianship or a member of a medicaid managed care organization. DHS 85.12(5)(5) A corporate guardian may not profit from their ward. DHS 85.12(6)(6) The guardian may not commingle personal or corporate funds with the funds of the ward. The guardian may consolidate and maintain wards’ funds in accounts with other wards’ funds if the guardian keeps separate and complete accounting of each ward’s funds. DHS 85.12(7)(7) Pursuant to s. 54.18 (3) (b), Stats., the corporate guardian may not lend funds of the ward to another individual or to an entity, unless the court first approves the terms, rate of interest, and any requirement for security. DHS 85.12(8)(8) The corporate guardian may not engage in any financial transaction involving the ward’s estate except as permitted under ch. 54, Stats., and this chapter. DHS 85.12 HistoryHistory: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10. DHS 85.13(1)(1) Wards’ rights. Every ward shall have the right to all of the following in relation to the corporate guardian: DHS 85.13(1)(a)(a) Be treated with respect and dignity by the staff and volunteers of the corporate guardian. DHS 85.13(1)(b)(b) Be free from abuse, mistreatment, neglect and misappropriation of property. DHS 85.13(1)(c)(c) Confidentiality of health and personal information and records, except to the extent the corporate guardian may be authorized under the guardianship order to give informed consent to disclosure. DHS 85.13(1)(d)(d) Be informed of the services provided by the corporate guardian agency. DHS 85.13(1)(e)(e) Be consulted about decisions on the ward’s behalf, to the extent the ward is capable. DHS 85.13(1)(f)(f) Have guardianship services provided in a way that is least restrictive as defined in s. 54.01 (18), Stats. DHS 85.13(1)(g)(g) Communicate freely with the advocates of the ward’s choice. DHS 85.13(2)(2) Complaints. Any person may file a complaint with a corporate guardian or the department regarding the operation of a corporate guardian. The department may investigate a corporate guardian as it deems necessary. DHS 85.13 HistoryHistory: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10. DHS 85.14(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: DHS 85.14(1)(b)(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. DHS 85.14(1)(d)(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. DHS 85.14(1)(e)(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. DHS 85.14(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. DHS 85.14(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. DHS 85.14(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. DHS 85.14(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. DHS 85.14(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. DHS 85.14(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. DHS 85.14(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. DHS 85.14 HistoryHistory: 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. DHS 85.15(1)(1) The corporate guardian shall maintain a separate file for each ward including all of the following information and documents as applicable: DHS 85.15(1)(a)(a) Name, date of birth, address, telephone number, and social security number. Guardians of person shall also maintain information regarding the ward’s medical coverage, physician, diagnoses, medications, and allergies to medications. DHS 85.15(1)(f)(f) A list of service providers, contact information, a description of services provided to the ward and progress reports as applicable.
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Chs. DHS 30-100; Community Services
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