Wis. Admin. Code Department of Health Services DHS 85.14 - Duties
(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:
(a) Explain to the ward the role of
the guardian.
(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.
(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.
(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.
(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.
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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
Notes
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No prior version found.