Each time a guardian makes a request on behalf of a member, ETF will review the Letters of Guardianship of the Estate. The request will be approved or denied based on the authority granted in the letters.
This section applies to Wisconsin Letters of Guardianship of the Estate. This section does not apply to out-of-state documents.
WRS Account Actions Granted to Most Guardians
Most Letters of Guardianship of the Estate grant general powers under Wis. Stat. §54.20(3). These powers will allow a guardian, unless stated otherwise in the document, to take the following actions on behalf of a member:
- Receive account information over the phone or in person
- Request a pension verification
- Request a duplicate Statement of Benefits
- Request sick leave account statements
- Submit and sign Medicare information
- Inquire about taxes, change tax withholding, or request duplicate tax forms
- Submit name, mailing address, or payment address changes
- Update direct deposit information (the new account must be in the member’s name)
WRS Account Actions That Require Court Approval
Some WRS account actions require additional court approval. The table below outlines these actions and the needed court approval.
If the guardian has received court approval to: |
The guardian may take these actions with the member’s WRS account: |
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Purchase an annuity or insurance contract and exercise rights to elect options or change beneficiaries under insurance and annuity policies and to surrender the policies for their cash value. |
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Ascertain, establish, and exercise any rights available to the ward under a retirement plan or account. |
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A member with approved Letters of Guardianship on file at ETF generally cannot make changes to their account. If a guardian does not receive court approval for the actions listed in the above table, neither the guardian nor the member can take these actions. A guardian must go back to the court to receive approval for these actions if needed.
Generally, a guardian may not self-deal while taking these actions. This means they cannot gift or make payments to themselves or their immediate family.
Death of the Member
A guardian can only act on behalf of a living member. Once the member dies, the Letters of Guardianship terminate, and the guardian can no longer take WRS account actions on behalf of the member.