Wisconsin Statutory Designation of Standby Guardian of Minor
Definition and meaning
The Wisconsin Statutory Designation of Standby Guardian of Minor is a legal document that enables a parent to designate a standby guardian for their minor child. This document ensures that, in the event of the parent's death, mental incapacity, or physical debilitation, the child has someone appointed to care for them. The standby guardian can make decisions regarding the child's welfare and estate until the parent is able to resume their role.
How to complete a form
Completing the Wisconsin Statutory Designation of Standby Guardian of Minor involves several steps:
- Begin by entering your name and address as the parent.
- Designate the name and address of your chosen standby guardian.
- List your child or children's names, birth dates, and addresses.
- Select the triggering event for the standby guardian's authority, which may include your death, mental incapacity, or physical debilitation.
- Sign the document in the presence of two witnesses, who will also sign to attest that you were of sound mind.
- If applicable, have the other parent consent to the designation in the presence of witnesses.
Legal use and context
This document is utilized in situations where a parent wishes to ensure continuous care for their minor children in case of unforeseen circumstances affecting their ability to parent. It is recognized under Wisconsin law, providing a legal framework for standby guardianship that offers peace of mind to parents.
Key components of the form
The Wisconsin Statutory Designation of Standby Guardian of Minor includes essential components such as:
- Parent’s Information: Name and address of the parent.
- Standby Guardian’s Information: Name and address of the designated standby guardian.
- Child’s Information: Names, birth dates, and addresses of the children involved.
- Triggering Events: Circumstances under which the standby guardianship becomes effective.
- Witnesses: Signatures and details of witnesses validating the signing process.
Form popularity
FAQ
A standby guardianship can be accomplished by parental designation where a parent signs a document entitled Parental Designation and Consent to Beginning the Standby Guardianship (Designation Form) in the presence of two witnesses, which announces the parent's intention to appoint the standby guardian.
As guardian of the person, you are entitled to compensation for your time, upon court approval. The compensation cannot exceed five percent of the ward's gross income. Attorney fees and other costs can and should be paid out of the ward's income, upon court approval.
What's the procedure to establish guardianship of a child? You can establish guardianship of a child by filing papers in court. Initially, file a petition stating your interest in obtaining guardianship along with a filing fee. You'll also want to file a letter of consent from the child's parents.
You can write a letter naming a guardian for your children and keep it with your important papers or write in your will who you want to be the guardian of your children when you pass away. But if both parents are dead, the court will decide who the guardian is. The court will try to appoint the person you wanted.
The key difference is the child's parentage: custody describes a parent's care of a child, whereas legal guardianship is granted to someone who is not the child's biological parent. In some situations, a child may be under the guardianship of an individual while remaining in the custody of their parents to a degree.
Decide Who Will Administer Your Estate. Someone needs to wrap up your affairs after you pass away. Decide How You Want to Distribute Your Assets. Choose One or More Guardians. Write and Sign Your Will.
GUARDIAN: In the event I shall die as the sole parent of minor children, then I appoint ____________________________________ as Guardian of said minor children. If this named Guardian is unable or unwilling to serve, then I appoint ____________________________________ as alternate Guardian.
Two lines beneath the guardian's address, you should insert the subject heading of the letter. For example, type RE: Temporary Guardianship of Minor Child, Elizabeth Bennett. Draft the body of the letter. The first paragraph of the body of the letter should name your children and state that you have custody of them.
A. A guardian can be appointed by court (in case of parents death or parents have abandoned their child) after following proper procedure in court of law or by way of will (testamentary guardian) where parents want someone to act as guardian of their children after their death.