How do I petition for guardianship or conservatorship in Wisconsin?
1. Terminology. Wisconsin uses 'guardian'; a voluntary 'conservator' under Wis. Stat. § 54.76 may be appointed for a competent adult who voluntarily petitions for help managing property.
2. Adult Guardianship. Under Wis. Stat. § 54.10, a guardian may be appointed for an adult found 'incompetent' — meaning, because of an impairment, the individual is unable effectively to receive and evaluate information or make or communicate decisions to such an extent that the individual is unable to meet the essential requirements for physical health or safety (person), or property and financial affairs (estate).
3. Minor Guardianship. Under Wis. Stat. § 48.977 (CHIPS) or § 54.10 (probate), available when parents are deceased, unfit, or rights terminated.
4. Petition. File in the circuit court of the county where the proposed ward resides (Wis. Stat. § 54.30). Personal service on the proposed ward at least 10 days before hearing; notice to spouse, adult children, parents, siblings.
5. Court Investigator / GAL. A GAL must be appointed for the proposed ward (Wis. Stat. § 54.40); adversary counsel may also be appointed if requested.
6. Capacity Evaluation. A physician's or psychologist's report addressing the proposed ward's functional limitations is required (Wis. Stat. § 54.36); clear and convincing evidence standard.
7. Hearing & Order. Proposed ward has rights to attend, counsel, present evidence, and a jury trial. Court must consider less restrictive alternatives and may grant limited guardianship.
8. Powers & Duties. Bond required for guardian of estate (Wis. Stat. § 54.66); inventory within 60 days; annual account; court approval for sale of real property (§ 54.20).
9. Alternatives. Durable POA for finances (Wis. Stat. Ch. 244), POA for health care (Ch. 155), living will (Ch. 154), and the voluntary conservator under § 54.76.
10. Termination. Termination on restored competency (§ 54.64), death, or minor reaching 18.
11. UAGPPJA. Wisconsin adopted UAGPPJA at Wis. Stat. Ch. 54, Subch. VIII (§ 54.85 et seq.).
This is legal information, not legal advice.
- Choosing between full guardianship and voluntary conservator under § 54.76
- Limited guardianship orders specifying retained rights
- Watts hearings and review of protective placement orders
- Wis. Stat. Ch. 54
- Wis. Stat. § 54.10
- Wis. Stat. § 54.76
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.