Wisconsin Guardianship Procedure — Due to Incompetency and Petition for Protective Placement / Services is a set of rules and regulations that allow for a guardian to be appointed for persons who have been deemed incompetent. This procedure is used to ensure that the individual’s rights and interests are safeguarded and protected. The process begins with a petition being filed in the county court requesting that the court appoint a guardian for the person. The petition must include information on the individual to be protected, the reason why a guardian is needed, and the reasons why a guardianship is necessary. The petition must also include a statement from a physician verifying the individual’s incompetency. The court will then decide whether to grant the guardianship and appoint a guardian. Once a guardian is appointed, they will be responsible for managing the affairs of the person in question. This includes making decisions about the person’s living arrangements, medical care, and finances. The guardian must also ensure that the person’s rights are respected and that their best interests are taken into account. The different types of Wisconsin Guardianship Procedure — Due to Incompetency and Petition for Protective Placement / Services include: Conservatorship, Guardianship, and Protective Placement/Services. Conservatorship is a court-appointed process to manage the financial affairs of an incompetent person. Guardianship is when a court appoints a person to make decisions about the personal care of an incompetent person. Protective Placement/Services is when a court orders that an incompetent person be placed in a facility or receive services that will protect them from harm.
Wisconsin Guardianship Procedure - Due to Incompetency and Petition for Protective Placement / Services
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FAQ
Types of Minor Guardianships(Wis. Guardianship transfers the decision-making authority and legal responsibility of the child to the guardian; however, parents' rights are not terminated. Parents may still make decisions regarding any rights not given to the guardian.
A protective placement order is required for anyone under guardianship of person who lives in a licensed facility of more than 16 beds. Protective placements must be in the least restrictive setting necessary to meet the individual's needs. Protective placement orders are reviewed annually by the court.
Under Wisconsin law, guardianships can be temporary or permanent. Temporary guardianships are only in effect for 60 days. Courts are permitted to make one 60 day extension for ?good cause.? All other guardianships are considered permanent guardianships.
Chapter 54 - GUARDIANSHIPS AND CONSERVATORSHIPS.
Guardianships and Protective Placement Orders are defined in Wisconsin Statutes Chapters 54 and 55. They are legal methods for appointing an alternative decision-maker and identifying required services for individuals who are legally incompetent.
Stat. section 48.023. Full guardianship is in place until the child turns 18. Under the new law, a parent retains the rights and duties that are not assigned to the guardian, and the guardian acting on behalf of a child can exercise only those powers that the guardian is specifically authorized to exercise.