Many incompetent adults and individuals under the age of 21 have been placed in medical
institutions in Wisconsin for a long-term stay by a parent or legal guardian who lives
in another state. Prior to this court decision, per POMS SI 01410.030, the state of residency for these persons was the state in which the parent or legal
guardian lived.
In compliance with the court decision as implemented by the State, the state of residence
of a person who is either under age 21 or an incompetent adult, who is institutionalized
in Wisconsin, will no longer be based on the state where the individual's parent or legal guardian
lives. When the parent or legal guardian lives outside Wisconsin, the individual's
residence is the state in which the parent or legal guardian states the institutionalized
person is physically present and intends to stay.
This change of position is effective May 13, 2002. For cases meeting the above criteria,
the residence address should be changed effective the month after the month the individual
moves to the institution in Wisconsin. If you are applying administrative finality
to the address change, see the reopening rules in POMS SI 04070.010