SB 518

In 2007, the National Conference of Commissioners of Uniform State Laws

approved and recommended the Uniform Adult Guardianship and Protective

Proceedings Jurisdiction Act for enactment in all states. This bill incorporates the

uniform act into Wisconsin law with some modifications. Generally, the bill

addresses court jurisdiction for guardianships of adults. Under the bill, an adult for

whom the appointment of a guardian of the person or of the estate is sought is known

as the respondent.

Subchapter I: General provisions

The bill allows a Wisconsin court to communicate with a court in another state

concerning a guardianship. The Wisconsin court may allow the parties to participate

in the communication and the bill specifies when and for what the court is required

to make a record of that communication. Additionally, in a guardianship, a

Wisconsin court may request the court of another state to do certain things including

holding an evidentiary hearing, ordering a person in that state to produce evidence

or give testimony, or issuing any order necessary to assure a person's appearance in

a proceeding or to authorize the release of relevant information. If a court in another

state requests that a Wisconsin court do one of the certain things specified in the bill,

the bill specifies that the Wisconsin court has jurisdiction for the limited purpose of

granting the request or making reasonable efforts to comply with the request. The

bill provides a means by which a person in another state may be deposed or allowed

to testify in a proceeding in Wisconsin.

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