53.31 Transfer of guardianship to another state. (1) A guardian of the person or guardian of the estate appointed in this state may petition the court to transfer the guardianship to another state. (2) Notice of a petition under sub. (1) must be given to the
May 22, 2026, are designated by NOTES. (Published 5-22-26)
53.31
Updated 23-24 Wis. Stats.
UNIFORM ADULT GUARDIANSHIP JURISDICTION
persons that would be entitled to notice of a petition in this state for the appointment of a guardian under s. 54.38. (3) On the court’s own motion or on request of the guardian of the person or guardian of the estate, the individual subject to a guardianship of the person or of the estate, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed under sub. (1). (4) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian of the person or guardian of the estate to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that all of the following are satisfied: (a) The individual subject to the guardianship of the person or of the estate is physically present in or is reasonably expected to move permanently to the other state. (b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the individual subject to the guardianship of the person or of the estate. (c) For guardianship of the person, plans for care and services for the individual subject to the guardianship of the person in the other state are reasonable and sufficient. (d) For guardianship of the estate, adequate arrangements will be made for management of the property of the individual subject to a guardianship of the estate. (5) The court shall issue a final order confirming the transfer and terminating the guardianship upon its receipt of all of the following: (a) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to s. 53.32. (b) The documents required to terminate a guardianship in this state. (6) The court may at any time appoint a guardian ad litem to represent the interests of the respondent. The court shall appoint a guardian ad litem if an objection is made under sub. (4) (b).
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transfer of the proceeding would be contrary to the interests of the individual subject to a guardianship of the person or of the estate or that the proposed powers to be given to the guardian significantly expand the powers granted to the guardian in the other state. (b) The guardian of the person or guardian of the estate is ineligible for appointment in this state. (5) The court shall issue a final order accepting the proceeding and appointing the guardian of the person or guardian of the estate as guardian in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to s. 53.31 transferring the proceeding to this state. (6) Not later than 60 days after issuance of a final order accepting transfer of a guardianship of the person or of the estate, the court shall determine whether the guardianship needs to be modified to conform to the law of this state. If a petitioner requests the expansion of powers that were granted to a guardian in another state, a hearing shall be held that conforms to the requirements of s. 54.63. (7) In granting a petition under this section, the court shall recognize a guardianship order from the other state, including the determination of incapacity of the individual subject to a guardianship of the person or of the estate and the appointment of the guardian of the person or guardian of the estate. (8) The denial by a court of this state of a petition to accept a guardianship transferred from another state does not affect the ability of the guardian of the person or of the estate to seek appointment as guardian in this state under s. 54.10 or 54.76 if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer. (9) The court may at any time appoint a guardian ad litem to represent the interests of the respondent or to assist the court in conforming the order to the laws of this state. The court shall appoint a guardian ad litem if an objection is made under sub. (4) (a). History: 2017 a. 187.
History: 2017 a. 187.