Guardianship
What is a Guardianship?
A guardianship action is a court procedure to appoint someone called a “guardian” to make medical 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.
Types of Guardianship Proceedings:
• Guardianship of Incompetent Person
• Guardianship of Minor (Under Wis. Stat. 54)
• Temporary Guardianship
• Protective Placement
• Guardianship of Minor (Under Wis. Stat. 54)
• Temporary Guardianship
• Protective Placement
What is a Conservatorship?
A conservatorship is a voluntary court action taken by a person who wants assistance with their assets from another person (i.e. bill paying, investing, etc.). However, unlike a person acting under a Power of Attorney, a conservator is required by state statute to file an accounting with the court annually.
Your local Register in Probate may have a packet of forms available for purchase or you may obtain the forms by going to: wicourts.gov/forms1/circuit, then click on conservatorship.
Resources:
Link to Wis. Stat. Chapters 54 & 55:
http://docs.legis.wisconsin.gov/statutes/statutes/54.pdf
http://docs.legis.wisconsin.gov/statutes/statutes/55.pdf
Understanding Guardianships: A Handbook for Guardians (Wis. State Bar Publication):
http://www.legalexplorer.com/resources/database/PubPDFs/74-UNGUARD.pdf
Guardianships of Adults (Wis. Dept. of Family Services Publication):
http://www.dhs.wisconsin.gov/publications/P2/p20460.pdf
Wisconsin Guardian Support Center & Greater Wisconsin Agency on Aging Resources, Inc. (GWAAR):
www.gwaar.org
Wisconsin Guardianship Support Center (operated by GWAAR):
1-855-409-9410 or e-mail [email protected]
FAQs Related to Guardianship
Mandated Forms
Standard, statewide forms are required by all Wisconsin circuit courts. Forms can be obtained in person from the Register in Probate office. Forms can also be obtained by clicking here.
This webpage is provided as a public service and is not intended to be legal advice.
If you have any questions about the information on this webpage, please contact an attorney.
If you have any questions about the information on this webpage, please contact an attorney.
