Guardianship of an Adult and/or Protective Placement
ADULT GUARDIANSHIP/PROTECTIVE PLACEMENT
Note: By law this office may not give legal advice or fill in forms. This guideline is provided as a public service and is not intended to be legal advice.
TO PETITION FOR PERMANENT GUARDIANSHIP of an adult individual due to incompetency, please complete and file the following with the Register in Probate office:
FORMS: If you are unable to open the linked forms below, you may also access these forms in PDF format at: www.wicourts.gov
GN – 3100 Petition for Permanent Guardianship due to Incompetency
GN – 3110 Order and Notice of Hearing *(See paragraph 1 below)GN-3135 Confirmation of Completion of Guardian Training Program
GN – 3140 Statement of Acts by Proposed Guardian and Consent to Serve
GF – 131 Order Appointing Guardian ad Litem or Counsel *(See paragraph 2 below)
GN – 3115 Waiver and Consent to Petition for Guardianship due to Incompetency
- (1) GUARDIAN TRAINING IS MANDATORY. The Court will not appoint a guardian who has not completed the guardian training. Any person nominated to be appointed guardian of the person and/or guardian of the estate of an alleged incompetent adult is required to satisfy the guardian training requirements under Sec. 54.26, Wis. Stats. Confirmation of guardian training completion must be provided to the Court at least 96 hours prior to the final hearing. To enroll in this free online course, individuals will visit https://www.uwgb.edu/guardianship-training/. Instructions to access the guardian training are found in "Related Links".
- (2) Upon filing the Petition for Guardianship, the Register in Probate will schedule a hearing. ALL INTERESTED PERSONS MUST RECEIVE NOTICE OF THIS HEARING. Please refer to Wis. Stat. Sec. 54.38 (2) for methods of service, time limits, and interested persons. To view all Wisconsin Statutes, visit this website: http://www.legis.state.wi.us/rsb/Statutes.html.
- (3) THE LAW REQUIRES THE COURT TO APPOINT AN ATTORNEY TO ACT AS A GUARDIAN AD LITEM. The court will appoint an attorney to be Guardian ad Litem, who will meet with you, the proposed guardian(s), and the individual and will make a recommendation to the court as to what is in the best interest of the individual. The Guardian ad Litem fees will be paid from the individual’s income or assets, if sufficient. The Court will order reimbursement of guardian ad litem fees in all cases. If the petition for guardianship is dismissed, the law requires the petitioner is responsible for payment of the fees.
GN – 3130 Examining Physician’s or Psychologist’s Report *(See paragraph 3 below)
- *(4) A doctor, psychiatrist, or psychologist must complete a full mental health examination of the individual alleged to be incompetent and have his/her report filed with this office at least 96 hours prior to the hearing. A copy of the Examination Report must be sent to the individual, his or her counsel, if any, and the Guardian ad Litem.
TO PETITION FOR PROTECTIVE PLACEMENT, please complete and file the following with your Petition for Guardianship:
GN – 4040 Petition for Protective Placement or Protective Services
Order for Comprehensive Evaluation *(See paragraph 4 below)
- *(5) To meet requirements for protective placement, a comprehensive evaluation must be filed with this office. The court will order the Barron County Department of Health & Human Services to complete the comprehensive evaluation.
THE COURT HEARING:
The following forms must be brought to the court hearing:
GN – 3120 Affidavit of Service
GN – 3121 Certificate of Service
GN – 3170 Determination and Order on Petition for Guardianship
GN – 3200 Letters of Guardianship of the Person
GN – 3210 Letters of Guardianship of the Estate
GN – 4060 Order on Petition for Protective Placement or Protective Services
AFTER THE COURT HEARING:
- If you are appointed guardian of the estate and/or person, you must stop by the Register in Probate office to obtain a copy of the Guideline for Guardian of Estate and/or the Guideline for Guardian of the Person and other important resources.
- Certified copies of Letters of Guardianship are $4.00 for the first page and $1.00 for each additional page. If you have questions or concerns, you may contact the Register in Probate office at the address or phone number indicated above.
- The Wisconsin Guardianship Support Center provides information and assistance on issues related to guardianship, protective placement, advanced directives, and more. Operated by the Greater Wisconsin Agency on Aging Resources, Inc., they may be contacted through a toll free helpline at (855) 409-9410 or by e-mail at guardian@gwaar.org You may also visit their website at: www.gwaar.org for information and resources.
- EFILING: eFiling is now available and if you wish to eFile this proceeding, register for an eFiling account at www.wicourts.gov. Click eFile/eCourts on the tool bar. Click on the Circuit Court eFiling from the drop down and follow the instructions to register for an eFiling account and filing instructions.
(Barron County Adult Guardianship/Protective Placement Guideline 1/23)