Guardianship of a Minor Child

MINOR GUARDIANSHIP OF THE PERSON under CH. 48.9795

To petition for FULL/LIMITED/TEMPORARY Guardianship of a Minor, please complete and file the following:

       JN-1501          Petition for Appointment of Guardian Full/Limited/Temporary

                                    **You may only petition for one type of guardianship**

      JD-1724          Notice of Hearing (Juvenile)

      JN-1514          Statement by Proposed Guardian

      JN-1510          Nomination of Guardian by Parent or Child

      GF-150           Uniform Child Custody Jurisdiction and Enforcement Act Affidavit

  • Upon filing a Petition for Appointment of Guardian, a hearing will be scheduled. Copies of the Petition and Notice of Hearing will be provided to the Petitioner.   It is the Petitioner’s responsibility to serve these documents on all interested persons.   For methods of service, time limits and interested persons, please refer to Wis. Stat. §48.9795(4)(c).   To view all Wisconsin Statutes, please visit: https://docs.legis.wisconsin.gov/statutes.
  • The law requires the Court to appoint an attorney to act as 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.  *Payment of the Guardian ad Litem fees will be determined by the Court.  The Court will order reimbursement of guardian ad litem fees in all cases and the petitioner could be responsible for the guardian ad litem fees.  If the petition for guardianship is dismissed, the law requires the petitioner is responsible for payment of the fees.*

The following forms must be filed prior to the court hearing:

       JD-1825         Affidavit of Service w/proof of mailing attached

       JN-1530          Proposed Letters of Guardianship & Dispositional Order Appointing Guardian Full/Limited/Temporary Guardianship

       JN-1540          Request to Modify/Extend/Reconsider/Terminate

 

Timelines: 

  • The initial hearing on a Petition for Full, Limited or Temporary Guardian must be heard within 45 days.   A fact-finding or dispositional hearing must be held within 30 days of the initial hearing.
  • The temporary guardianship is valid for 180 days and can be renewed for an additional 180 days.  The following forms will be provided at the request of the temporary guardian:

                                     JN-1540      Request to Extend Temporary Guardianship

                                     JN-1544       Order on Request to Extend Limited/Temporary Guardianship

Certified copies of Letters of Guardianship & Dispositional Order are $4.00 for the first page and $1.00 for each additional page.

Forms:  If you are unable to open the linked forms above, you may also access these forms in Word or PDF format at:  www.wicourts.gov

Electronic Filing:    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.

 

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EMERGENCY MINOR GUARDIANSHIP OF THE PERSON under CH. 48.9795

 

 To petition for EMERGENCY guardianship of a minor, please complete and file the following:

      JN-1504          Petition for Appointment of Emergency Guardian

      JD-1724          Notice of Hearing (Juvenile)

      JN-1514          Statement by Proposed Guardian

      JN-1510          Nomination of Guardian by Parent or Child

      GF-150           Uniform Child Custody Jurisdiction and Enforcement Act Affidavit

  • Upon filing a Petition for Appointment of Emergency Guardian, a hearing will be scheduled. Copies of the Petition and Notice of Hearing will be provided to the Petitioner.   It is the Petitioner’s responsibility to serve these documents on all interested persons.   For methods of service, time limits and interested persons, please refer to Wis. Stat. §48.9795(6)(b)2.   To view all Wisconsin Statutes, please visit: https://docs.legis.wisconsin.gov/statutes.
  • The law requires the Court to appoint an attorney to act as 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.  *Payment of the Guardian ad Litem fees will be determined by the Court.  The Court will order reimbursement of guardian ad litem fees in all cases and the petitioner could be responsible for the guardian ad litem fees.  If the petition for guardianship is dismissed, the law requires the petitioner is responsible for payment of the fees.*

  

The following forms must be filed prior to the court hearing:

      JD-1825          Affidavit of Service

      JN-1520          Proposed Temporary Order Appointing an Emergency Guardian

      JN-1521          Proposed Letters of Guardianship & Dispositional Order Appointing an Emergency Guardian

      JN-1540          Request to Modify/Extend/Reconsider/Terminate

 

Timelines:   The initial hearing on a Petition for Emergency Guardian will be heard as soon as possible, but no later than 60 days from the date of filing the petition.   The court may issue a temporary order that remains in effect until the emergency guardianship hearing.   The emergency guardianship is valid for 60 days and cannot be renewed.

Certified copies of Letters of Guardianship & Dispositional Order are $4.00 for the first page and $1.00 for each additional page.

Forms:  If you are unable to open the linked forms above, you may also access these forms in Word or PDF format at:  www.wicourts.gov

Electronic filing:    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.

 

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MINOR GUARDIANSHIP OF THE ESTATE under CH. 54

 

 To petition for TEMPORARY AND/OR PERMANENT GUARDIANSHIP OF A MINOR CHILD'S ESTATE, please complete and file the following:

      GN – 3290      Petition for Temporary/Permanent Guardianship

                              *(See note regarding Temporary Guardianship below)*

      GN – 3300      Order and Notice of Hearing Petition for Guardianship

      GN – 3145      Statement of Acts by Proposed Guardian and Consent to Serve

      GN – 3235      Consent to Serve as Temporary Guardian

      GN – 3310      Waiver and Consent to Petition for Guardianship

  • 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.   It is the petitioner’s responsibility to serve these documents on all interested persons pursuant to Wis. Stat. 54.38 (3). To view Wisconsin Statutes for methods of service and interested persons, please visit: https://docs.legis.wisconsin.gov/statutes.

  • The law requires the Court to appoint an attorney to act as 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. *Payment of the Guardian ad Litem fees will be determined by the Court. 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.*

  • If you are requesting Temporary Guardianship of a Minor Child's Estate, 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 following forms must be filed prior to the court hearing:

      GN – 3122      Affidavit of Service

      GN – 3123      Certificate of Service

      GN – 3320      Nomination of Guardian by a Minor

      GN – 3255      Proposed Order on Petition for Temporary Guardianship

      GN – 3267      Proposed Letters of Temporary Guardianship

      GN – 3330      Proposed Determination and Order on Petition for Guardianship

      GN – 3345      Proposed Letters of Guardianship

 

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.   The following forms will be provided at the request of the temporary guardian:

                              GN – 3275 Petition to Extend Temporary Guardianship

                              GN – 3285 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.

  • 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 of Letters of Guardianship (Minor Guardianship of Estate) are $4.00 for the first page and $1.00 for each additional page.

Forms: If you are unable to open the linked forms above, you may also access these forms in Word or PDF format at: www.wicourts.gov

Electronic Filing:   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.