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In order for the court to order guardianship, a medical doctor or licensed psychologist must complete an examination of the individual and submit a report to the court stating the individual no longer has capacity, and be available to testify if the guardianship is contested.
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.
Permanent guardianship is required when the court knows that the parent is not available or willing to address the child's needs. Or, when the guardian or parent has not made themselves available for an extended time, or when both parents or the guardian has died.
A § 48.9795 guardianship can be filed for any child under the age of 18. There are four different types of §48.9795 guardianships: Full, Limited, Temporary, or Emergency.
A legal guardian can make a wide range of personal and medical decisions for the person in their care while a conservatorship generally grants much more limited decision-making powers. A conservator usually only has the authority to pay bills, make investments, and handle other financial matters.
Under a subsidized guardianship, the guardian receives a monthly payment to offset the costs of caring for the child.
3) File the Petition For Termination of Guardianship, Consent to Termination of Guardianship (if applicable) and the Affidavit of Service with Probate Court, Dane County Courthouse, Room 1005, Madison, WI 53703. You may mail or drop off these forms or fax them to: 608-267-4152.
The court may appoint a temporary guardian for a child for a period not to exceed 180 days, except that the court may extend this period for good cause shown for one additional 180-day period.
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.
Guardian's responsibilities upon death of ward. Guardian of the estate must file a final accounting from the time of the last accounting to the date of death and transfer the property to the personal representative or other person(s) entitled to receive it.