Wisconsin Guardianship of a Minor Petition

Introduction

Key Things to Know

1. 1

   Wisconsin splits minor guardianship into two separate cases with two separate forms. Guardianship of the child's person is filed in circuit court exercising Chapter 48 juvenile jurisdiction on form JN-1501, Petition for Appointment of Guardian Full/Limited/Temporary Guardianship. Guardianship of the child's estate is filed in circuit court exercising probate jurisdiction under Chapter 54 on form GN-3290. A petitioner who needs both must file two separate petitions in two separate cases, and each court's mandatory form controls.

2. 2

   This guardianship does not terminate a parent's parental rights and is not adoption. A person guardianship generally lasts until the child turns 18 unless it ends sooner, and a parent or the child may petition to end it, which the court grants if the petitioner proves by a preponderance of the evidence that circumstances have changed, that the parent is fit, willing, and able to carry out the duties of a guardian or that no compelling facts or circumstances show a guardianship is necessary, and that ending it serves the child's best interest.

3. 3

   A temporary guardian of the person may serve up to 180 days, extendable once for good cause for an additional 180 days. An emergency guardian of the person, requested on form JN-1504, may serve up to 60 days with no stated extension. A temporary guardian of the estate may serve up to 60 days, extendable once for good cause for an additional 60 days, after which the court may not impose a new temporary guardianship of the estate on that child for at least 90 days.

4. 4

   Notice of the hearing in the person case must be served personally or by certified mail at least 7 days beforehand on the child if 12 or older, both parents, any custodian, any alleged father, and any nominated guardian. In the estate case, notice must go out at least 10 days beforehand to the proposed ward's parents, spouse, any custodian, and the proposed ward if 14 or older. A child may nominate their own guardian, and must be served with notice, at age 12 in the person case and age 14 in the estate case.

5. 5

   A parent's nomination of a guardian is generally followed unless the court finds it would not serve the child's best interest. A petitioner seeking a full guardianship of the person over a parent's objection must prove by clear and convincing evidence that the parents are unfit, unwilling, or unable to provide for the child's care, custody, and control, or other compelling facts and circumstances.

6. 6

   A guardian ad litem is mandatory in both the person and estate cases and must conduct a diligent investigation into the child's best interest, which may include meeting the child, the proposed guardian, and other interested persons, and visiting their homes. The proposed guardian of the person must also file a sworn Statement by Proposed Guardian, form JN-1514, disclosing any criminal charges or convictions and any determination of child abuse or neglect, at least 96 hours before the initial hearing. Wisconsin's general guardian training law specifically exempts guardians of a minor, so no mandatory training course applies.

7. 7

   A parent with legal custody can delegate care-and-custody powers to another adult by power of attorney under Wis. Stat. section 48.979, without any court filing, if the delegation is to a relative or to any agent for one year or less. Delegating to a non-relative for longer than one year without court approval is a crime.

Wisconsin Requirements for Guardianship of a Minor Petition

• Split Person and Estate Guardianship Cases

  Wisconsin hears guardianship of a child's person in circuit court under Chapter 48 juvenile jurisdiction on form JN-1501, and guardianship of the child's estate in circuit court probate jurisdiction under Chapter 54 on form GN-3290; a petitioner needing both must file two separate petitions in two separate cases.

• Three Temporary and Emergency Guardianship Durations

  A temporary guardian of the person may serve up to 180 days, extendable once for good cause for an additional 180 days; an emergency guardian of the person may serve up to 60 days with no stated extension; a temporary guardian of the estate may serve up to 60 days, extendable once for an additional 60 days, after which a 90-day cooldown applies.

• 7-Day Notice for the Person Case, 10-Day for the Estate Case

  Notice of the hearing in the person case must be served at least 7 days beforehand; in the estate case, notice must be served at least 10 days beforehand, each on a distinct statutory list of interested persons.

• Nomination and Service Ages of 12 and 14

  A child may nominate their own guardian, and must be served with notice, at age 12 in the person case and age 14 in the estate case.

• Clear and Convincing Evidence Over Parental Objection

  A petitioner seeking a full guardianship of the person over a parent's objection must prove by clear and convincing evidence that the parents are unfit, unwilling, or unable to care for the child, or other compelling facts and circumstances.

• Mandatory Guardian Ad Litem and Self-Disclosure Statement

  A guardian ad litem is mandatory in both case types, and a proposed guardian of the person must file a sworn Statement by Proposed Guardian, form JN-1514, disclosing criminal charges, convictions, and any child abuse or neglect determination, at least 96 hours before the initial hearing.

• Minor Guardians Exempt From Wisconsin's Guardian Training Law

  Wisconsin's general mandatory guardian-training statute specifically exempts guardians of a minor, so no pre-appointment training course applies to a guardian of a child's person or estate.

• Court-Set Bond for a Guardian of the Estate

  Wisconsin's person-guardianship statute does not mention a bond; a guardian of the estate posts a bond in the amount the court's appointment order specifies, which the court may waive at any time, on a will's request, or for smaller accounts placed under court-ordered restrictions.

• Guardianship Does Not Terminate Parental Rights

  A Wisconsin guardianship does not end a parent's parental rights and is not adoption; a parent or the child may later petition to end a person guardianship based on a change in circumstances and the child's best interest.