Uniform adult guardianship jurisdiction. (FE)

Subchapter II: Jurisdiction For purposes of jurisdiction, the bill defines a respondent's home state as the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a guardianship of the person or estate. If there is no such state, the home state is defined as the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition for guardianship. The bill defines a significant-connection state as a state, other than the home state, with which a respondent has a significant connection other than mere physical presence considering factors specified in the bill. The bill specifies a list of items a court must consider in determining whether a respondent has a significant connection with a particular state. The bill creates the exclusive basis for personal jurisdiction for a Wisconsin court to appoint a guardian of the person or the estate for an adult.

Under the bill, a Wisconsin court has personal jurisdiction to appoint a guardian of the person or the estate for a respondent if any of the following is true:

1) Wisconsin is the respondent's home state; 2) on the date the petition is filed, Wisconsin is a significant-connection state and the respondent does not have a home state, a court of the respondent's home state has declined to exercise jurisdiction because Wisconsin is a more appropriate forum, or the respondent has a home state but a petition is not pending in a court in that state and other circumstances are satisfied; 3) Wisconsin does not have jurisdiction as a home state or significant-connection state but the home state and all significant-connection states have declined to exercise jurisdiction because Wisconsin is the more appropriate forum and jurisdiction in Wisconsin is consistent with the Wisconsin and U.S.

constitutions; or 4) the Wisconsin court meets the requirements for special jurisdiction. Under the bill, a Wisconsin court that otherwise lacks jurisdiction under the bill has special jurisdiction to do any of the following: 1) appoint a temporary guardian under current law standards, procedures, and time lines; 2) issue an order with respect to real or tangible personal property located in Wisconsin;

or 3) appoint a guardian of the person or the estate for a person for whom a provisional order to transfer the proceeding from another state has been issued under certain procedures. The bill requires a Wisconsin court to dismiss a proceeding for appointment of a temporary guardian, either before or after the appointment of the temporary guardian, upon the request of a court of the home state, if Wisconsin was not the respondent's home state on the date the petition for appointment was filed. Except for that requirement to dismiss a proceeding on the appointment of a temporary guardian, a court that has appointed a guardian of the person or issued an order to appoint a guardian of the estate has exclusive and continuing jurisdiction over the proceeding until the court terminates the proceeding or the appointment or order expires. The bill requires that, if a petition for appointment of a guardianship is brought in Wisconsin but Wisconsin is not the respondent's home state, notice of the petition must be given to all of those persons who are entitled to notice under Wisconsin law and the law of the respondent's home state. The bill requires that this notice be given in the same manner as notice is required to be given in Wisconsin.

A Wisconsin court that has jurisdiction to appoint a guardian may decline to exercise its jurisdiction if it determines that another state's court is a more appropriate forum. The bill provides procedures for the Wisconsin court to decline jurisdiction and specifies factors the court must consider in determining whether it is an appropriate forum. The bill specifies actions the court may take if it determines it acquired jurisdiction to appoint a guardian of the person or issue an order to appoint a guardian of the estate because of unjustifiable conduct. In addition, the bill specifies actions the court may and must take if petitions for appointment of a guardian of the person or issuance of an order to appoint a guardian of the estate are filed in more than one state.

Subchapter III: Transfer of guardianship Under the bill, a guardian of the person or the estate appointed in Wisconsin may petition the court to transfer the guardianship to another state. Notice of a transfer petition must be given to the persons that would be entitled to notice of a petition for the appointment of a guardian in Wisconsin. Upon request of the guardian, the individual subject to the guardianship, or a person who is required to be notified of the transfer petition or if the court so decides, the court must hold a hearing on a transfer petition. The bill requires the court to issue an order provisionally granting the transfer petition and to direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the other state's court and if other circumstances are satisfied. Upon the Wisconsin court's receipt of a provisional order accepting the proceeding from the court to which the proceeding is to be transferred and the documents required to terminate a guardianship in Wisconsin, the court must issue a final order confirming the transfer and terminating the guardianship.

Under the bill, to confirm transfer of a guardianship to Wisconsin, the guardian of the person or the estate is required to petition the Wisconsin court to accept the guardianship and include a certified copy of the other state's provisional order of transfer. The bill eliminates the list of additional information required to be included with that petition under current law. Notice of a petition to accept the transfer must be given to those persons entitled to notice of a petition for the appointment of a guardian in both Wisconsin and the state from which the guardianship would be transferred. The bill, therefore, eliminates the list of individuals entitled to notice of receipt and acceptance of a foreign guardianship under current law. Under the bill, upon request of the guardian, the individual subject to the guardianship, or a person required to be notified of the petition to accept the transfer, or on the court's own accord, the court must hold a hearing on the petition to accept the transfer. The bill requires the court to issue a provisional order granting the petition to accept transfer unless a certain objection is made or the guardian is ineligible for appointment in this state. Upon receipt of a final order from a court of another state transferring the proceeding to Wisconsin, the Wisconsin court must issue the final order accepting the proceeding and appointing the guardian in Wisconsin. The court must determine, no later than 60 days after the final order accepting transfer, whether the guardianship needs to be modified to conform to Wisconsin law. If a petitioner requests the expansion of the guardian's powers granted in another state, the court must hold a hearing. In granting a petition to accept transfer, the Wisconsin court must recognize a guardianship order from the other state including the determination of the incapacity of the respondent and the appointment of the guardian. Even if a Wisconsin court denies a petition to accept transfer of a guardianship from another state, the guardian may seek appointment as guardian in Wisconsin under Wisconsin law if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer. The court may appoint a guardian ad litem at any time to represent the respondent's interests and must appoint a guardian ad litem if there is an objection to a transfer or to the acceptance of a transfer.

Subchapter IV: Registration and recognition of orders from other states Under the bill, a guardian of the person or the estate who has been appointed in another state, whose appointment petition as a guardian is not pending in Wisconsin, and who has notified the appointing court of intent to register, may register the guardianship order in Wisconsin by following certain procedures. Upon registration of a guardianship from another state, the bill allows the guardian to exercise all powers authorized in the order of appointment in Wisconsin, except as prohibited under or limited by Wisconsin laws. Under the bill, a Wisconsin court may grant any relief available to enforce a registered order.

Uniformity The bill requires that consideration be given to the need to promote uniformity of the law with respect to its subject matter among the state that enacts it.