Chapter DHS 85

DHS 85.14 Note Note: A complaint may be filed by writing the Division of Quality Assurance, P.O. Box 2969, Madison, Wisconsin 53701-2969 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.

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 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.

DHS 85.15 DHS 85.15 Records.

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)(b) (b) A current photograph of the ward.

DHS 85.15(1)(c) (c) All relevant legal documents involving the ward.

DHS 85.15(1)(d) (d) Advance directives.

DHS 85.15(1)(e) (e) A list of key contacts.

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.

DHS 85.15(1)(g) (g) Documentation of all ward and collateral contacts, including the date, time, and activity.

DHS 85.15(1)(h) (h) Progress notes that are as detailed as necessary to reflect contacts made and work done regarding the ward.

DHS 85.15(1)(i) (i) A guardianship inventory, accounts and annual reports as required by statute, including all supporting financial statements, records and financial reports.

DHS 85.15(1)(j) (j) Assessments regarding the ward’s past and present medical, psychological, and social functioning, including relevant family medical information.

DHS 85.15(1)(k) (k) Documentation of the ward’s known values, preferences, and wishes regarding medical and other care and services including all advanced directives made prior to guardianship, and financial matters and other services.

DHS 85.15(1)(L) (L) A personal and social history of the ward including a family history.

DHS 85.15(2) (2) If guardianship is transferred, the corporate guardian shall transfer the original record required in this section to the successor guardian.

DHS 85.15 History History: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10.

subch. V of ch. DHS 85 Subchapter V — Withdrawal of Approval

DHS 85.16 DHS 85.16 Actions affecting approval.

DHS 85.16(1) (1) If at any time the department determines that a corporate guardian no longer meets the criteria under this chapter, the department may withdraw its approval upon 30 day written notice to all of the following:

DHS 85.16(1)(a) (a) Corporate guardian.

DHS 85.16(1)(b) (b) All courts that assigned the corporate guardian’s guardianships.

DHS 85.16(1)(c) (c) The ward.

DHS 85.16(1)(d) (d) The ward’s family.

DHS 85.16(1)(e) (e) Any other interested parties.

DHS 85.16(1)(f) (f) The county department designated under s. 55.02, Stats.

DHS 85.16(2) (2) The corporate guardian shall comply with the provisions in s. DHS 85.08 (2) regarding a corporate guardian closing.

DHS 85.16 History History: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10.

DHS 85.17 DHS 85.17 Appeal of decisions. Any party adversely affected by a decision of the department about the suitability of a private non-profit corporation or an unincorporated association for corporate guardianship may appeal that decision to the department of administration’s division of hearings and appeals under ss. 227.42 and 227.44 to 227.50, Stats. The request for a hearing shall be filed with the department of administration’s division of hearings and appeals within 10 working days after receipt of the notice of denial. The request for hearing is considered filed when the request is received by that division.

DHS 85.17 Note Note: To appeal a decision by the department, send a request for a hearing to Division of Hearings and Appeals, P. O. Box 7875, Madison, WI 53707.

DHS 85.17 History History: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10.