Guardianship Laws

Supported Decision-Making

Supported Decision-Making Statute

  • Codified at Wis. Stat. § 54.10 (3) (a) 4, 54.10 (3) (b), 53, 54.10 (2) (b) 9m, and 115.807 (4) (2018).
    • Note: Also includes requirement that the local education agency provide information on SDM upon transfer of parental rights at age of majority.
    • Link to Wisconsin Code sections:
      • https://docs.legis.wisconsin.gov/statutes/statutes/54/ii/10/3/c/16
      • https://docs.legis.wisconsin.gov/statutes/statutes/115/v/807/4
  • Link to Enacted Bill: https://docs.legis.wisconsin.gov/2017/proposals/reg/asm/bill/ab655

State Legislation

  • Assemb. B. 786, 104th Leg., Reg. Sess. (Wisc. 2020)
    • Description: The bill would have established mandatory initial training requirements for guardians including supported decision-making.
    • Status: Failed to pass 4/01/2020
    • Public Link: [docs.legis.wisconsin.gov/2019/proposals/ab786]
  • S.B. 552, 103rd Leg., Reg. Sess. (Wisc. 2017)
    • Description: Codified SDM and an SDM Agreement Statutory form
    • Status: Failed to Pass Senate 3/28/18

Case Law & Court Orders

None found

State Grant Programs

  • 2015/2016 Grantee (without NRC-SDM funding): Wisconsin Board for People with Developmental Disabilities (https://wi-bpdd.org/)
    • Summary of the Program: The Wisconsin grantee convened and worked with a core group of approximately 20 stakeholders to people to identify barriers to greater implementation of Supported Decision-Making in Wisconsin. The workgroup met monthly and was comprised of older adults, people with disabilities, a volunteer guardian, several attorneys, parents of children with developmental disabilities, a self-directed services coordinator for the county, staff from the Department of Public Instruction, a school transition coordinator, and staff from related non-profit advocacy groups. The grantee, working without any funds from the National Resource Center, identified barriers to greater adoption and acceptance of Supported Decision-Making in Wisconsin including: “inherent paternalism and a desire to protect people with disabilities;” “Fear that if people are not under a guardianship, that potentially vulnerable people may be taken advantage of or abused;” “Lack of reliable and responsible circles of support for some people;” and “Lack of awareness of options in legal decision making.” To address these barriers, the grantee presented on Supported Decision-Making at several conferences throughout Wisconsin including presentations to the state WINGS workgroup, aging and disability focused groups, trainings for guardians ad litem, trainings for older-adult focused benefits specialists, The grantee has also begun creating educational and practical Supported Decision-Making material for use by older adults, people with disabilities, family members, and professionals.
    • Final report available at https://www.supporteddecisionmaking.org/sites/default/files/sdm-cop-2016-wisconsin.pdf

Other Resources

Information Last Updated: July 21, 2022