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Wisconsin Order for Appointment of Successor Guardian of the Person (Without Hearing)

State:
Wisconsin
Control #:
WI-SKU-1741
Format:
PDF
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Description

Order for Appointment of Successor Guardian of the Person (Without Hearing)

The Wisconsin Order for Appointment of Successor Guardian of the Person (Without Hearing) is a legal document issued by the court when a minor’s current guardian is no longer able to fulfill their role. This document appoints a new guardian who will act in the best interests of the child. The order also outlines the new guardian’s duties and responsibilities. It is important to note that this type of appointment does not require a hearing. There are two types of Wisconsin Order for Appointment of Successor Guardian of the Person (Without Hearing): voluntary and involuntary. A voluntary order is issued when the current guardian and the proposed guardian both consent to the appointment. An involuntary order is issued when the current guardian does not agree to the appointment of a new guardian. The key elements of a Wisconsin Order for Appointment of Successor Guardian of the Person (Without Hearing) include: the name of the minor, the name of the current guardian, the name of the proposed guardian, the duties and responsibilities of the new guardian, the court’s findings of fact, and the signatures of all parties involved.

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FAQ

There is a statutory fee of $4.00 for the first page and $1.00 for each additional page. In addition, if there is a guardian of the estate, there is a statutory filing fee of $20.00 for assets totaling $50,000 or less. If the assets are more than $50,000, then the filing fee is . 2% of the total.

Any person may petition the court for the appointment of a guardian. The petition is filed in the child's county of residence or the county in which the child is physically present, or if the child is a nonresident, the county in which the petitioner proposes the child reside.

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.

54.54 Successor guardian. (1) Appointment. If a guardian dies, is removed by order of the court, or resigns and the resignation is accepted by the court, the court, on its own motion or upon petition of any interested person, may appoint a competent and suitable person as successor guardian.

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.

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.

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 successor guardian is someone who takes over for the current guardian, and a co-guardian is someone who is appointed to share in the duties of the current guardian.

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Wisconsin Order for Appointment of Successor Guardian of the Person (Without Hearing)