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Wisconsin Petition for Appointment of Standby/Successor Guardian (With Hearing)

State:
Wisconsin
Control #:
WI-SKU-1797
Format:
PDF
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Description

Petition for Appointment of Standby/Successor Guardian (With Hearing)

Wisconsin Petition for Appointment of Standby/Successor Guardian (With Hearing) is a legal document filed in the circuit court of the county in which the proposed ward resides. It's used to request the court to appoint a standby or successor guardian for a minor or an adult who is deemed to be incapacitated. This document is typically used by a parent or guardian of a person who is deemed incapacitated to ensure that a standby or successor guardian is appointed in the event that the current guardian is unable to fulfill their role. There are two types of Wisconsin Petition for Appointment of Standby/Successor Guardian (With Hearing): 1. Standby Guardianship: a standby guardian is a guardian appointed to act on behalf of a minor or an adult who is deemed to be incapacitated if the current guardian is unable to do so. 2. Successor Guardianship: a successor guardian is a guardian appointed to act on behalf of a minor or an adult who is deemed to be incapacitated if the current guardian passes away or is removed from the role.

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FAQ

No one can be a guardian for an adult in Wisconsin unless they are appointed by a court, and no guardian has any powers over an adult other than those granted by laws and court order.

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.

If the ward dies and the guardian and the deceased ward's personal representative or special administrator are the same person, the deceased ward's personal representative or special administrator shall give notice of the termination and rendering of the final account to all interested persons of the ward's estate.

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.

The appointment of a standby guardian takes effect immediately upon the resignation, death, removal, or inability or unwillingness of the current guardian to act. The standby guardian will assume the same powers and authorities as the prior guardian unless ordered otherwise by the Court.

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.

1. Natural guardians, 2. Testamentary guardians, and 3. Guardians appointed or declared 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.

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Wisconsin Petition for Appointment of Standby/Successor Guardian (With Hearing)