2018 Wisconsin Statutes & Annotations
Chapter 54. Guardianships and conservatorships.
54.68 Review of conduct of guardian.
54.68 Review of conduct of guardian.
(1) Continuing jurisdiction of court. The court that appointed the guardian or that granted a petition for acceptance and receipt of a foreign guardianship has continuing jurisdiction over the guardian. Within a reasonable period of time after granting a petition for receipt and acceptance of a foreign guardianship under s. 54.46 (1r), the court shall review the provisions of the guardianship and, as part of its review, shall inform the guardian and ward of services that may be available to the ward.
(2) Cause for court action against a guardian. Any of the following, if committed by a guardian with respect to a ward or the ward's income or assets, constitutes cause for a remedy of the court under sub. (4):
(a) Failing to file timely an inventory or account, as required under this chapter, that is accurate and complete.
(b) Committing fraud, waste, or mismanagement.
(c) Abusing or neglecting the ward or knowingly permitting others to do so.
(cm) Knowingly isolating a ward from the ward's family members or violating a court order under s. 50.085 (2).
(d) Engaging in self-dealing.
(e) Failing to provide adequately for the personal needs of the ward from the ward's available assets and income, including any available public benefits.
(f) Failing to exercise due diligence and reasonable care in assuring that the ward's personal needs are being met in the least restrictive environment consistent with the ward's needs and incapacities.
(g) Failing to act in the best interests of the ward.
(h) Failing to disclose conviction for a crime that would have prevented appointment of the person as guardian.
(i) Failing to disclose that the guardian is listed under s. 146.40 (4g) (a) 2.
(j) Other than as provided in pars. (a) to (i), failing to perform any duties of a guardian or performing acts prohibited to a guardian as specified in ss. 54.18, 54.19, 54.20, 54.22, 54.25, and 54.62.
(3) Procedure. Upon the filing of a petition for review of the conduct of a guardian, the court shall hold a hearing in not less than 10, nor more than 60, days and shall order that the petitioner provide notice of the hearing to the ward, the guardian, and any other persons as determined by the court. The court may authorize use by the petitioner of any of the methods of discovery specified in ch. 804 in support of the petition to review conduct of the guardian.
(4) Remedies of the court. If petitioned by any party or on the court's own motion and after finding cause as specified in sub. (2), a court may do any of the following:
(a) Order the guardian to file an inventory or other report or account required of the guardian.
(b) Require the guardian to reimburse the ward or, if deceased, the ward's estate for losses incurred as the result of the guardian's breach of a duty to the ward.
(c) Impose a forfeiture of up to $10,000 on the guardian, or deny compensation for the guardian or both.
(d) Remove the guardian.
(e) Enter any other order that may be necessary or appropriate to compel the guardian to act in the best interests of the ward or to otherwise carry out the guardian's duties.
(5) Removal of paid guardian. The court may remove a paid guardian if changed circumstances indicate that a previously unavailable volunteer guardian is available to serve and that the change would be in the best interests of the ward.
(6) Fees and costs in proceedings. In any proceeding under sub. (2) or (5), all of the following apply:
(a) The court may require the guardian to pay personally any costs of the proceeding, including costs of service and attorney fees.
(b) Notwithstanding a finding of incompetence, a ward who is petitioning the court under sub. (2) may retain legal counsel, the selection of whom is subject to court approval, and contract for the payment of fees, regardless of whether or not the guardian consents or whether or not the court finds cause under sub. (2).
History: 2005 a. 387; 2015 a. 343.
