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Wisconsin Petition for Appointment of Guardian/Notice of Hearing

State:
Wisconsin
Control #:
WI-SKU-1196
Format:
PDF
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Description

Petition for Appointment of Guardian/Notice of Hearing

The Wisconsin Petition for Appointment of Guardian/Notice of Hearing is a court form used to initiate a guardianship proceeding in the state of Wisconsin. This document is used when an individual has become incapacitated and requires a guardian to make decisions on their behalf. The petition is filed by the individual or their family member in the county in which the individual resides. The petition must include a list of the individual's assets, a list of possible guardians, and an explanation of why guardianship is being sought. The petition also includes a Notice of Hearing, which is sent to the individual and other interested parties, informing them of the date and time of the hearing to appoint a guardian. There are two types of Wisconsin Petition for Appointment of Guardian/Notice of Hearing: one for a minor and one for an adult. The petition for a minor requires additional information, such as the minor's parents' names and whereabouts, the reasons' guardianship is being sought, and a statement of the minor's best interest. The petition for an adult must be accompanied by a statement from a physician or other qualified person that the individual is unable to manage their affairs due to physical or mental disability.

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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.

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.

The court notices and holds a public hearing on a petition for the creation or amendment of rules governing pleading, practice and procedure in judicial proceedings in all courts, provided that the court deems the petition to have arguable merit.

What powers does a Guardian have? A guardian of the person makes decisions regarding a person's placement, medical decisions, and vocational and social interactions. A guardian of the estate manages a person's money and assets. The order granted by the court will indicate the specific powers the guardian has.

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.

A temporary guardianship form (officially known as Appointment of Short-Term Guardianship) can be used to authorize an informal guardianship without the need for court approval. These forms are designed to appoint a temporary guardian without the need for a court hearing.

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.

Under a subsidized guardianship, the guardian receives a monthly payment to offset the costs of caring for the child. The monthly payment amount is based on the Foster Care Rate Setting Policy and cannot exceed the amount of the child's foster care rate received before guardianship was established.

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Wisconsin Petition for Appointment of Guardian/Notice of Hearing