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Wisconsin Order on Petition to Revise Guardianship Order (Chapter 48)

State:
Wisconsin
Control #:
WI-SKU-1209
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PDF
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Order on Petition to Revise Guardianship Order (Chapter 48)

Wisconsin Order on Petition to Revise Guardianship Order (Chapter 48) is a document filed by a petitioner to request a court to modify an existing guardianship order. The petitioner must provide the court with a written statement of the reasons for the requested modification. The types of Wisconsin Order on Petition to Revise Guardianship Order (Chapter 48) include modification of guardianship duties, removal of a guardian, appointment of a new guardian, and transfer of guardianship to another jurisdiction. The petition must include information such as the petitioner's name, the name of the ward, the guardian's name, and the court where the guardianship was established. Once the petition is filed, the court will set a hearing date for the parties to present their case. At the hearing, the court may decide to grant or deny the petitioner's request for modification. If granted, the court will issue an order revising the existing guardianship order.

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FAQ

Does guardianship end at death in Wisconsin? If the court gives someone full guardianship of a child, it ends when the child turns 18. If the guardian passes away before the child turns 18, then guardianship would end, and a new person would become their guardian.

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.

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.

While one of a guardian's responsibilities is to strive to understand and respect the person's desires, the guardian retains final decision-making authority. A guardian's authority, on the other hand, is limited to making decisions, giving consents, and acting as an advocate.

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.

Confidential Petition Addendum. To provide a method for individuals to provide information concerning social security numbers in a confidential manner.

You will need to petition the court to terminate the guardianship. You will need to submit all of the proper forms and call to schedule an appointment. At the appointment, a Wisconsin Staff Attorney will need to review your paperwork and determine if it is legally sufficient.

Chapter 48 of the Wisconsin State Statutes directs that the Department of Human Services work with children and families in which child maltreatment may have occurred. Chapter 48 is also known as the ?Children's Code?.

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Wisconsin Order on Petition to Revise Guardianship Order (Chapter 48)