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Guardianship Accounting and Reports are due by April 15 every year.
All of the NEW GUARDIANSHIP FORMS are available on the Supreme Court Website at www.wicourts.gov .
Adult Guardianship
What is a Guardianship?
A guardianship action is a court procedure to appoint someone called a “guardian” to make health care and/or financial decisions for an incompetent person called the “Ward”. You may retain an attorney to complete the forms and appear at the guardianship hearing, but the law does allow individuals to petition the court without an attorney. However, as the register in probate and his/her staff are unable to give you legal advice and this can be a very complicated procedure, we urge you to consult with an attorney about this process.
Type of Guardianship Proceedings
Guardianship of Incompetent Person
o This type of guardianship of is used when a person 18 or older is not competent as the result of a developmental disability, degenerative brain disorder, serious and persistent mental illness, or an other like incapacity. An evaluation from a physician or psychologist stating that the person is incompetent is required. It may be necessary to hire an attorney to assist you with this procedure. A Guardian ad Litem MUST be hired to represent the best interests of the proposed ward.
Temporary Guardianship
o A temporary guardianship is used when it is imperative that a guardian be appointed without delay and is generally done in conjunction with a permanent guardianship proceeding. See Chapter 54 of the Wisconsin Statutes for when a temporary guardianship may be used. A Guardian ad Litem MUST be hired to represent the best interests of the proposed ward. A temporary guardianship expires after 60 days unless extended for one additional 60-day period.
Protective Placement
o A protective placement may be necessary along with an adult guardianship, if the ward will be living outside of his or her home. Protective placement is a court order authorizing the ward’s placement in certain facilities for the primary purpose of providing care and custody. Please refer to Chapter 55 of the Wisconsin Statutes for more information.
The probate office can provide a packet of forms for a fee.
*For Juvenile Guardianships, please see the ‘Juvenile’ tab.
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