Corporate Guardianship – Rules and Regulations

Corporate Guardianships are regulated under Wis. Admin. Code ch. DHS 85.

Corporate Guardianships also must follow the regulations for "Guardianships and Conservatorships" located at Wis. Stat. ch. 54  and "Protective Service System" rules for guardians found at Wis. Stat. § 55.03.

Guardianship Incorporation / Organization

Wis. Admin. Code § DHS 85.01 establishes the criteria by which the department determines whether a private nonprofit corporation organized under Wis. Stat. chs. 181, 187, or 188, or an unincorporated association, is suitable to perform the duties of a guardian of the person, or of the estate, or both, of a proposed ward.

Caregiver Background Checks

The Caregiver Background Check Process page provides background check information and forms needed to fulfill requirements.

See Corporate Guardianship Background Check Process, P-01926 (PDF) for more information about the criminal background check requirement and process for Corporate Guardianship agencies and employees.

Other Relevant Rules and Regulations

Wisconsin Client Rights: Anyone who is receiving services for mental illness, a developmental disability, or substance abuse in the state of Wisconsin has specific rights under Wis. Stat. ch. 51 (State Alcohol, Drug Abuse, Developmental Disability and Mental Health Act) subsections 51.61 and 51.30.

Advance Directives: An advance directive describes, in writing, your choices about the treatments you want or do not want or about how health care decisions should be made for you if you become incapacitated and cannot express your wish. See also Wis. Stat. ch. 154.

Adult Protective Services: Wis. Stat. ch. 55 is designed to establish protective services and protective placements, to assure their availability to all individuals in need of them, and to place the least possible restriction on personal liberty and exercise of constitutional rights consistent with due process and protection from abuse, financial exploitation, neglect, and self-neglect.

For questions regarding corporate guardianships, call 608-266-8481 or email DHSDQACGuardianship@wisconsin.gov.

Last Revised: September 14, 2017