02-1121 In the Matter of the Guardianship of Scott G.G. v. Dodge Cty. Dept. of Human Services

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“The fact that the legislature saw fit by enacting Wis. Stat. § 880.175 to authorize a specific type of transfer which might otherwise be deemed contrary to the requirement in Wis. Stat. § 880.19(1) that a guardian ‘protect and preserve’ a ward’s property, cannot be taken to imply legislative disapproval of exchanges of property, such as the one proposed by Marjorie, which plainly come within the allowable purposes specified in § 880.19(5)(b). Under the applicable federal and state statutes, a Medicaid Payback Trust may benefit only the ward, and its use permits the ward to qualify for substantial medical benefits. The transfer will thus plainly serve the purpose of ‘providing for the ward’s care.’…

“We conclude that Wis. Stat. § 880.19(5)(b) permits the proposed transfer as an ‘exchange [of] property of the guardianship estate … for the purpose of …

providing for the ward’s care.’ Accordingly, we reverse the appealed order and remand for the circuit court to determine whether and upon what terms Marjorie may transfer guardianship assets to a Medicaid Payback Trust.”

Order reversed and cause remanded.

Recommended for publication in the official reports.

Dist IV, Dodge County, Storck, J., Deininger, J.

Attorneys:

For Appellant: John A. Stocking, Milwaukee

For Respondent: Steven G. Bauer, Juneau