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Wisconsin Order Appointing Guardian ad Litem (Annual Review of Protective Placement)

State:
Wisconsin
Control #:
WI-SKU-1738
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PDF
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Description

Order Appointing Guardian ad Litem (Annual Review of Protective Placement)

Wisconsin Order Appointing Guardian ad Item (Annual Review of Protective Placement) is an order issued by a court in Wisconsin to appoint a guardian ad item (GAL) to perform an annual review of the protective placement of a child or adult who is unable to make decisions for themselves due to a disability or mental illness. This order is typically issued when a court finds that a child or adult is in need of protection due to their inability to make decisions for themselves. The review is conducted to ensure that the protective placement is still in the best interest of the child or adult and that the placement is still appropriate for their needs. The order may be issued when a petition for protective placement is filed in court, or it may be issued after a hearing has been held to determine if the protective placement is in the best interest of the individual. There are two types of Wisconsin Order Appointing Guardian ad Item (Annual Review of Protective Placement): an Order of Appointment and an Order of Reappointment. An Order of Appointment is issued when the court is initially appointing a GAL for the annual review, and an Order of Reappointment is issued if the same GAL has already been appointed and is being reappointed for the review.

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FAQ

The primary purpose of Chapter 55 of the Wisconsin Statutes, the Protective Service System, is to provide for the long-term care and custody of individuals who are at risk of harm due to a condition that is, or is likely to be, permanent.

The guardian ad litem shall be compensated at a rate that the court determines is reasonable. The court shall order either or both parties to pay all or any part of the compensation of the guardian ad litem.

A GAL is an attorney, licensed to practice law in Wisconsin. The GAL's role is to represent the best interests of the children as determined by the GAL through an investigation. The GAL will investigate the facts, participate in negotiations, and take a position in court on legal custody and placement.

The courts must review every placement every year. This is called a Watts review or Watts hearing. During the period of the Watts review, the person should tell the guardian ad litem that they want their right to vote restored.

Wisconsin Statutes section 757.48(1) requires the GAL to have completed three hours of approved CLE that relates to the functions and duties of a GAL under Wis. Stat. chapter 767 and that includes training on the dynamics of domestic violence and the effects of domestic violence on victims and children.

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.

In Wisconsin, the judge decides who pays for the 'guardian ad litem'. Total costs for the GAL's services can range from $1,000 to $3,000 and can include the cost of any experts hired, tests ordered and legal fees for the GAL's time.

In Wisconsin, a guardian ad litem is a regular part of the custody and placement process when parties cannot agree. The court will appoint one if they have specific concerns for the well-being of the child. A GAL can also be appointed if one party files the necessary paperwork and the court approves it.

More info

GN-4080. Petition for Annual Review of Protective Placement. To petition the court for annual review of individual protectively placed.18 - Annual review of protective placement, Wis. Stat. Instant access to fillable Microsoft Word or PDF forms. Minimize the risk of using outdated forms and eliminate rejected fillings. Petition for guardianship. GF-131A. (c) A guardian ad litem shall be appointed to represent the individual under protective placement at the hearing. The Petitioner is responsible for obtaining the Guardian ad Litem (GAL). The. Annual review of order authorizing involuntary administration of psycho- tropic medication. 55.195. A comprehensive evaluation is necessary to meet the requirements of protective placement.

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Wisconsin Order Appointing Guardian ad Litem (Annual Review of Protective Placement)