subch. IV of ch. DHS 85Subchapter IV — Ward Services
DHS 85.13DHS 85.13Rights of wards.
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(1)(h)(h) File a grievance or a complaint without retaliation.
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 NoteNote: 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 85.13 HistoryHistory: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10.
DHS 85.14DHS 85.14Duties.
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)(a)(a) Explain to the ward the role of the guardian.
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)(c)(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.
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 NoteNote: 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.