54.63 Expansion of order of guardianship; procedure. - Wisconsin Statutes

54.63

54.63 Expansion of order of guardianship; procedure.

54.63(1)

(1) If the guardian or another interested person submits to the court a written statement with relevant accompanying support requesting the removal of rights from the ward and transfer to the guardian of powers in addition to those specified in the order of appointment of the guardian, based on an expansion of the ward's incapacity, the court shall do all of the following:

54.63(1)(a)

(a) Appoint a guardian ad litem for the ward.

54.63(1)(b)

(b) Order that notice, including notice concerning potential court action if circumstances are extraordinary, be given to all of the following:

54.63(1)(b)1.

1. The county department of social services or human services if the ward is protectively placed or receives long-term support services as a public benefit.

54.63(1)(b)2.

2. The ward.

54.63(1)(b)3.

3. The guardian.

54.63(1)(b)4.

4. The agent under the ward's power of attorney for health care under ch. 155, if any, and the agent under the ward's durable power of attorney under ch. 244, if any.

54.63 - ANNOT.

NOTE: Subd. 4. is shown as amended eff. 9-1-10 by 2009 Wis. Act 319. Prior to 9-1-10 it reads:

54.63 - ANNOT.

4. The agent under the ward's power of attorney for health care under ch. 155, if any, and the agent under the ward's durable power of attorney under ch. 243, if any.

54.63(1)(b)5.

5. Any other persons determined by the court.

54.63(2)

(2)

54.63(2)(a)

(a) If, after 10 days after notice is provided under sub. (1) (b), or earlier if the court determines that the circumstances are extraordinary, no person submits to the court an objection to the request under sub. (1), the court may amend the order entered under s. 54.46 (2) and enter a determination and the amended order that specifies any change in the powers of the guardian.

54.63(2)(b)

(b) If, within 10 days after notice is provided under sub. (1) (b), a person submits to the court an objection to the request under sub. (1), the court shall hold a hearing, unless the objector declines a hearing, under the procedure specified in s. 54.64 (2).

54.63 - ANNOT.

History: 2005 a. 387; 2009 a. 319.