National Resource Center

National Resource Center for Supported Decision Making
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Wisconsin

Wisconsin

Overview

Wisconsin passed a supported decision-making statute in 2017. We are not aware of any case law denying petitions for guardianship (or terminating existing guardianships) in favor of supported decision-making.

Guardianship Laws

Wis. Stat. §§ 54.01 to .988; 55.001 to .23

Supported Decision-Making

Supported Decision-Making Statute

State Legislation

  • Wis. Stat. §§ 52.01 to 52.32
    • Description: Provides for supported decision-making.
  • Wisconsin’s supported decision-making statute
  • S.B. 92, Reg. Sess., 2021-2022
    • Description: Establishes initial training requirements for guardians. Includes mandatory training about SDM as an alternative to guardianship.
    • Enacted: December 2021
  • A.B. 68, Reg. Sess., 2021-2022
    • Description: Appropriations bill. Includes funding for DHS to administer and conduct required guardian training (that includes SDM as an alternative to guardianship) as proposed in S.B. 92 & A.B.100.
    • Status: Published on July 9, 2021; Partial veto failed to pass notwithstanding the objections of the Governor on May 17, 2022.

None found

  • A.B. 100, Reg. Sess., 2021-2022
    • Description: Establishes initial training requirements for guardians. Includes mandatory training about SDM as an alternative to guardianship.
    • Status: Failed to pass pursuant to Senate Joint Resolution 1 on March 15th, 2022.
  • S.B. 111, Reg. Sess., 2021-2022
    • Description: Appropriations bill. Includes funding for DHS to administer and conduct required guardian training (that includes SDM as an alternative to guardianship) as proposed in S.B. 92 & A.B.100.
    • Status: Failed to pass pursuant to Senate Joint Resolution 1 on March 15, 2022.

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: January 25, 2025

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