Wisconsin Statutes 53.31 – Transfer of guardianship to another state
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Terms Used In Wisconsin Statutes 53.31
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(1) A guardian of the person or guardian of the estate appointed in this state may petition the court to transfer the guardianship to another state.
(2) Notice of a petition under sub. (1) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian under s. 54.38.
(3) On the court’s own motion or on request of the guardian of the person or guardian of the estate, the individual subject to a guardianship of the person or of the estate, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed under sub. (1).
(4) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian of the person or guardian of the estate to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that all of the following are satisfied:
(a) The individual subject to the guardianship of the person or of the estate is physically present in or is reasonably expected to move permanently to the other state.
(b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the individual subject to the guardianship of the person or of the estate.
(c) For guardianship of the person, plans for care and services for the individual subject to the guardianship of the person in the other state are reasonable and sufficient.
(d) For guardianship of the estate, adequate arrangements will be made for management of the property of the individual subject to a guardianship of the estate.
(5) The court shall issue a final order confirming the transfer and terminating the guardianship upon its receipt of all of the following:
(a) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to s. 53.32.
(b) The documents required to terminate a guardianship in this state.
(6) The court may at any time appoint a guardian ad litem to represent the interests of the respondent. The court shall appoint a guardian ad litem if an objection is made under sub. (4) (b).