Temporary Guardianship

TEMPORARY GUARDIANSHIP

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 TEMPORARY 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 Temporary Guardianship due to Incompetency
GN – 3110 Order and Notice of Hearing
GN – 3140 Statement of Acts by Proposed Guardian and Consent to Serve
GF – 131  Order Appointing Guardian ad Litem or Counsel
GN – 3120 Affidavit of Service
GN – 3115 Waiver and Consent to Petition for Guardianship due to Incompetency
GN – 3250 Determination and Order on Petition for Temporary Guardianship
GN – 3260 Letters of Temporary Guardianship of the Person
GN – 3265 Letters of Temporary Guardianship of the Estate

HEARING/NOTICE:

  • A report or testimony from the individual’s physician or psychologist is required which indicates that there is a reasonable likelihood that the physician or psychologist believes the individual is incompetent and in need of immediate care.
  • A hearing must be scheduled no earlier than 48 hours after the petition is filed, unless good cause is shown to hold the hearing earlier than 48 hours.
  • The Petitioner shall give notice of the petition to the individual before or when the petition is filed.  The Petitioner shall give notice of the Order for Hearing on the individual before the hearing or not later than 3 calendar days after the hearing.  If notice is served after the hearing, the petitioner shall include the court’s order (if entered). 
  • 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 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 not hold a hearing or appoint a temporary guardian if there is no Guardian ad Litem.   
  • The Guardian ad Litem shall attend the hearing in person or by telephone or shall provide a written report concerning the individual to the Court for review at the hearing.

AFTER THE COURT HEARING:

  • The authority of the temporary guardian is limited to the performance of those acts stated in the order of appointment. 
  • If you are appointed temporary guardian of the estate, an inventory is due within 60 days after you are appointed.    A statutory inventory filing fee is due when the inventory is filed.   The fee is .2% of the assets or a minimum of $20.00 if the assets are under $50,000.00.    
  • A temporary guardian of the estate shall, upon termination, account to the court and deliver to the person entitled to the ward’s estate over which the temporary guardian of the estate has had control.

TIMELINES

The temporary guardianship is valid for 60 days and can be renewed for an additional 60 days. 

The Petition to Extend must be filed with the Court prior to the expiration of the first 60 days.

GN – 3270 Petition to Extend Temporary Guardianship
GN – 3280 Order on Petition to Extend Guardianship

If the Court does not receive the Petition to Extend and Order to Extend Guardianship, the temporary guardianship will expire.   The file will be closed and the temporary guardianship will expire after either the first 60 days expiration date (if not extended) or after the second 60 days expiration date.  

During the term of the temporary guardianship, a hearing may be held to request a permanent guardian prior to the expiration date. 

Note:  pursuant to 54.50(2), Wis. Stats., the court may impose no further temporary guardianship on the ward for at least 90 days after the expiration of the temporary guardianship and any extension.
 
Certified Copies:  Certified copies of Letters of Temporary Guardianship are $4.00 for the first page and $1.00 for each additional page.    Request for certified copies may be made in person or by mail.  If the request is by mail, please enclose the correct fee and a stamped, self-addressed return envelope.  Payment must be received before the issuance of certified copies. 

(Barron County Temporary Guardianship Guideline 8/08)