Minor Guardianship

MINOR 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 AND/OR PERMANENT GUARDIANSHIP OF A MINOR, 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 – 3290 Petition for Temporary/Permanent Guardianship of Minor
*(See paragraph 3 below if requesting Temporary Guardianship of Minor)
GN – 3300 Order and Notice of Hearing Petition for Guardianship of Minor
*(See paragraph 1  below)
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 – 3310 Waiver and Consent to Petition for Guardianship of Minor

  • *(1) Upon filing the Petition for Guardianship, the Register in Probate will schedule a hearing. Copies of the Petition and Order for Hearing will be provided to the Petitioner.   ALL INTERESTED PERSONS MUST RECEIVE NOTICE OF THIS HEARING.   Please refer to Wis. Stat. Sec. 54.38 (2)(a) and (b) for methods of service and time limits, and refer to Wis. Stat. Sec. 54.38 (3) for interested persons.   A courtesy copy of Wis. Stat. Sec. 54.38 is attached.   To view all Wisconsin Statutes, visit this website: http://www.legis.state.wi.us/rsb/Statutes.html.
  • *(2)   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, the parents (if possible), and the child 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.
  • *(3)  IF YOU ARE REQUESTING TEMPORARY GUARDIANSHIP OF A MINOR, a hearing must be held no earlier than 48 hours after the Petition for Temporary Guardianship is filed, unless good cause is shown to hold the hearing earlier than 48 hours.    The Petitioner shall give notice of the Order for Hearing on Temporary Guardianship 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.

THE COURT HEARING:
 
The following forms must be brought to the court hearing:

GN – 3120 Affidavit of Service 
GN – 3320 Nomination of Guardian by a Minor
GN – 3330 Determination and Order on Petition for Guardianship of Minor
GN – 3340 Letters of Guardianship of the Person of Minor
GN – 3345 Letters of Guardianship of the Estate of Minor

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.

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.

(Barron County Temporary/Permanent Guardianship of Minor Guideline 11/13)