Attorney General J.B. Van Hollen Issues Informal Opinion Concerning County Nursing Home Operating on Donated Land with Conditions

MADISON — Attorney General J.B. Van Hollen today issued an informal opinion to Polk County Corporation Counsel Jeffrey B. Fuge concerning Golden Age Manor, a county nursing home located upon property that was donated to the county on the condition that the property be used as an infirmary. Attorney General Van Hollen concluded that the county is not required to take action under section 66.1025 of the Wisconsin Statutes in order to keep operating the facility as a nursing home. Attorney General Van Hollen reasoned that because the statute uses the word “may,” the county is not required either to enact a resolution to accept a grant from the donors or their heirs that relieves the county from the condition or to seek a court order that relieves the county of the condition. Attorney General Van Hollen also opined that section 46.18(13) of the Wisconsin Statutes, which requires the establishment of a building reserve fund for county infirmaries, does not apply to Golden Age Manor because it was never licensed or operated as a county infirmary.

Formal and informal opinions issued by Attorney General Van Hollen are available here.

A copy of the Attorney General's opinion and request are available at the following link: