Chapter 53, UNIFORM ADULT GUARDIANSHIP JURISDICTION

53.01 Purpose; construction. This chapter applies to the process of determining jurisdiction over the person for the purpose of a guardianship proceeding or matter. The chapter is intended to supplement but not replace the procedure for petitioning for a guardianship under ch. 54…

53.02 Definitions. In this chapter: (1) “Abuse” has the meaning given in s. 46.90 (1) (a). (2) “Financial exploitation” has the meaning given in s. 46.90 (1) (ed). (3) “Guardian of the estate” means a person appointed by the court of any state to administer the property of an adu…

53.03 International application. A court of this state may treat a foreign country as if it were a state for the purpose of applying this subchapter and subchs. II, III, and V. History: 2017 a. 187.

53.04 Communication between courts. (1) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in sub. (2), the court…

53.05 Cooperation between courts. (1) In a guardianship of the person proceeding or proceeding for appointment of a guardian of the estate in this state, a court of this state may request the appropriate court of another state to do any of the following: (a) Hold an evidentiary h…

53.06 Taking testimony in another state. (1) In a guardianship of the person proceeding or proceeding for the appointment of a guardian of the estate, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by d…

53.21 Significant-connection factors. In determining under ss. 53.23 and 53.31 whether a respondent has a significant connection with a particular state, the court shall consider all of the following: (1) The location of and strength of connection to the respondent’s family, othe…

53.22 Exclusive basis. This subchapter provides the exclusive basis for personal jurisdiction for a court of this state to appoint a guardian of the person or issue an order appointing a guardian of the estate for an adult. History: 2017 a. 187.

53.23 Jurisdiction. A court of this state has personal jurisdiction to appoint a guardian of the person or issue an order appointing a guardian of the estate for a respondent if any of the following is satisfied: (1) This state is the respondent’s home state. (2) On the date the …

53.24 Special jurisdiction. (1) A court of this state lacking jurisdiction under s. 53.23 (1) to (3) has special jurisdiction to do any of the following: (a) Appoint a temporary guardian of the person or guardian of the estate under s. 54.50 in accordance with the standards and p…

53.25 Exclusive and continuing jurisdiction. Except as otherwise provided in s. 53.24, a court that has appointed a guardian of the person or issued an order appointing a guardian of the estate consistent with this chapter has exclusive and continuing jurisdiction over the procee…

53.26 Appropriate forum. (1) A court of this state having jurisdiction under s. 53.23 to appoint a guardian of the person or issue an order appointing a guardian of the estate may decline to exercise its jurisdiction if it determines at any time that a court of another state is a…

53.27 Jurisdiction declined by reason of conduct. (1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian of the person or issue an order appointing a guardian of the estate because of unjustifiable conduct, the court may do any of …

53.28 Notice of proceeding. If a petition for the appointment of a guardian of the person or issuance of an order appointing a guardian of the estate is brought in this state and this state was not the respondent’s home state on the date the petition was filed, in addition to com…

53.29 Proceedings in more than one state. Except for a petition for the appointment of a temporary guardian or issuance of an order limited to property located in this state under s. 53.24 (1) (a) or (b), if a petition for the appointment of a guardian of the person or issuance o…

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 persons that would be…

53.32 Accepting guardianship transferred from another state. (1) To confirm transfer of a guardianship of the person or of the estate transferred to this state under provisions similar to s. 53.31, the guardian of the person or guardian of the estate must petition the court in th…

53.41 Registration of guardianship of the person orders. If a guardian of the person has been appointed in another state and a petition for the appointment of a guardian of the person is not pending in this state, the guardian of the person appointed in the other state, after giv…

53.42 Registration of guardianship of the estate orders. If a guardian of the estate has been appointed in another state and a petition for an order to appoint a guardian of the estate is not pending in this state, the guardian of the estate appointed in the other state, after gi…

53.43 Effect of registration. (1) Upon registration of a guardianship order from another state, the guardian of the person or guardian of the estate may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, inc…

53.51 Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: 2017 a. 187.

53.52 Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 USC 7001 to 7031, but does not modify, limit, or supersede section 101 (c) of that …