What is the difference between limited and full guardianship in Wisconsin?

Wisconsin courts may authorize a guardian to exercise only those powers under ss. 54.18, 54.20 and 54.25(2)(d) that are necessary to provide for the individual's personal needs and property management, in a manner that is appropriate to the individual and constitutes the least restrictive form of intervention (s. 54.10(3)(e)). A guardian of the person and a guardian of the estate are separate roles, and the court may appoint either one or both.

Can Wisconsin appoint a temporary guardian in an emergency?

Yes, but only where the proposed ward's particular situation, including dependents' needs, requires the immediate appointment of a temporary guardian of the person or estate. A guardian ad litem is appointed, and the hearing may be held no earlier than 48 hours after filing unless good cause is shown. At the hearing the petitioner must provide a physician's or psychologist's report or testimony showing a reasonable likelihood that the person is incompetent. The term is not to exceed 60 days, extendable for good cause shown for one additional 60-day period. Without specific court approval, the temporary guardian may not sell real estate or spend more than $2,000 (s. 54.50).

Does a Wisconsin guardian have to post bond and file reports?

A guardian of the estate has a bond amount specified in the order, conditioned on faithful performance, but no bond may be required for a guardian of the person. The court may waive bond in listed circumstances. A guardian of the estate files an inventory within 60 days after appointment unless the court extends or reduces the time, and every guardian files an account under oath before April 15 each year unless waived or the estate is under the small-estate threshold of s. 867.03(1g).

Who pays for the lawyers in a Wisconsin guardianship case?

Wisconsin appoints a guardian ad litem on every guardianship petition, and the county pays guardian ad litem and defense fees if the person is indigent (s. 54.46(3)(b)). The person also has a right to an independent medical or psychological examination, at county expense if the person is indigent (s. 54.42(3)). Ask the circuit court clerk how fees apply in a particular case, since the court's orders control.

Adult Guardianship in Wisconsin

Reviewed by DocDraft Legal Team - Wisconsin - Last updated October 9, 2026

In Wisconsin the circuit court appoints a guardian of the person, a guardian of the estate, or both, for an adult found "incompetent" (or a spendthrift), and the adult is called the proposed ward or ward (Wis. Stat. ch. 54). The court may make the appointment only if it finds incompetency by clear and convincing evidence (s. 54.10(3)(a)). The statewide petition is Form GN-3100, and a physician or psychologist, or both, examines the proposed ward and writes a report (s. 54.36(1), Form GN-3130). A lawyer guardian ad litem is appointed on every petition, but the proposed ward gets their own counsel only if they request counsel, if the guardian ad litem or another person states to the court that the proposed ward is opposed to the petition, or if the court determines the interests of justice require counsel (s. 54.42(1)(a)). The proposed ward is served personally at least 10 days before the hearing (s. 54.38(2)(a)).

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How does a court decide an adult needs a guardian in Wisconsin?

A court may appoint a guardian of the person or estate, or both, based on a finding of incompetency only if it finds so by clear and convincing evidence (s. 54.10(3)(a)). For the person, because of an impairment the individual must be unable effectively to receive and evaluate information or make or communicate decisions to such an extent that they cannot meet essential requirements for physical health and safety.

Which court and which form start an adult guardianship in Wisconsin?

The petition goes to the circuit court of the county where the proposed ward lives or is physically present (s. 54.30). The statewide form is GN-3100, Petition for Temporary Guardianship and/or Permanent Guardianship Due to Incompetency (Adult Guardianship). Wisconsin requires standard statewide court forms, so ask the circuit court clerk about any local requirement, because the court's own rules control.

Does Wisconsin require a doctor's report for an adult guardianship?

Yes. Under s. 54.36(1), a physician or psychologist, or both, examines the proposed ward and gives a written opinion on the presence and likely duration of any condition causing incapacity; Form GN-3130 is the statewide report form. The court considers how recent the report is. The guardian ad litem and the proposed ward's attorney must receive a copy at least 96 hours before the hearing.

What rights does the person have in a Wisconsin guardianship case?

Personal service at least 10 days before the hearing; a lawyer guardian ad litem on every petition; and counsel if the person requests it, someone tells the court the person opposes the petition, or the court finds justice requires it. A jury right is waived unless demanded at least 48 hours before the time set for the hearing.

Wisconsin's incompetency finding, GN-3100 petition, and lawyer guardian ad litem

Wisconsin uses its own vocabulary under Wis. Stat. ch. 54. The circuit court appoints a guardian of the person, a guardian of the estate, or both, for an individual found incompetent or a spendthrift, and the adult is the proposed ward or ward. The court may appoint only if it finds incompetency by clear and convincing evidence (s. 54.10(3)(a); s. 54.44(2)); for a guardian of the person, that means that because of an impairment the individual is unable effectively to receive and evaluate information or to make or communicate decisions to such an extent that they are unable to meet the essential requirements for physical health and safety. A finding cannot rest on mere old age, eccentricity, poor judgment, physical disability, or the existence of a supported decision-making agreement, unless the person cannot communicate decisions in any way (s. 54.10(3)(b)). The petition is statewide Form GN-3100, and a physician or psychologist, or both, must examine the proposed ward and furnish a written report (s. 54.36(1); Form GN-3130). Wisconsin always appoints a lawyer guardian ad litem, who interviews the person, explains the petition and rights, and advocates for the person's best interests rather than their wishes (s. 54.40). The proposed ward has the right to their own counsel only if they request counsel, if the guardian ad litem or another person states to the court that the proposed ward is opposed to the petition, or if the court determines the interests of justice require counsel (s. 54.42(1)(a)). The proposed ward is served personally at least 10 days before the hearing, and the petition is heard within 90 days after it is filed, or within 60 days if the person was admitted to a nursing home or CBRF under s. 50.06 (s. 54.44(1)).

Relevant Laws

Wisconsin Statutes 54.01 and 54.10 (Definitions and appointment of a guardian)

Defines the court, guardian, incapacity and impairment, and sets the clear and convincing evidence finding, the incapacity test for the person and the estate, the less restrictive means requirement, and the limit to necessary powers.

Wisconsin Statutes 54.30 and 54.38 (Petition venue and notice)

Sends the petition to the circuit court of the county where the proposed ward resides or is physically present, and sets personal service on the proposed ward and notice to interested persons at least 10 days before the hearing.

Wisconsin Statutes 54.36, 54.40, 54.42 and 54.44 (Report, guardian ad litem, counsel, hearing)

Covers the physician or psychologist report, the guardian ad litem appointed on every petition, the right to counsel and jury trial, and the hearing deadlines and the person's attendance.

Wisconsin Court System Guardianship Forms

Statewide circuit court forms for adult guardianship, including GN-3100 (petition), GN-3130 (physician's or psychologist's report), GN-3170 (order), GN-3440 (inventory) and GN-3480 (annual report on the ward's condition).

Regional Variances

Wisconsin adult guardianship requirements

Court

Circuit court (the judge or assignee exercising probate jurisdiction), in the county of the proposed ward's residence or physical presence (s. 54.01(4); s. 54.30(2)).

Terms used

Guardian of the person, guardian of the estate, or both, for an individual found incompetent or a spendthrift; the adult is the proposed ward or ward. Full or limited guardianship. A "conservator" under s. 54.76 is a voluntary arrangement for a person who applies for their own conservator, not the process for an adult who cannot decide for themselves.

Petition form

Form GN-3100, Petition for Temporary Guardianship and/or Permanent Guardianship Due to Incompetency (Adult Guardianship). Wisconsin requires standard statewide court forms; ask the clerk about local requirements, because the court's rules control.

Incapacity standard and proof

Incompetency must be found by clear and convincing evidence (s. 54.10(3)(a); s. 54.44(2)). For a guardian of the person: because of an impairment, the individual is unable effectively to receive and evaluate information or to make or communicate decisions to such an extent that they are unable to meet the essential requirements for physical health and safety. For a guardian of the estate, the inability relates to property or financial affairs and one of: property will be dissipated, unable to provide for support, or unable to prevent financial exploitation. The need must also be unable to be met by less restrictive means.

Medical or evaluator report

A physician or psychologist, or both, examines the proposed ward and furnishes a written report on the presence and likely duration of any condition causing incapacity (s. 54.36(1); Form GN-3130). The court considers the report's recency. The guardian ad litem and the proposed ward's attorney must get a copy at least 96 hours before the hearing (s. 54.44(1)(a)). A lawyer guardian ad litem is also appointed on every petition (s. 54.40).

Notice and service

Personal service of the petition and notice of hearing on the proposed ward at least 10 days before the hearing (s. 54.38(2)(a)). Interested persons receive notice personally or by mail at least 10 days before the hearing (s. 54.38(2)(b)). The hearing is within 90 days after filing, or within 60 days if the person was admitted to a nursing home or CBRF under s. 50.06 (s. 54.44(1)).

Right to counsel

The proposed ward has the right to counsel if they request counsel, if the guardian ad litem or another person states to the court that the proposed ward is opposed to the petition, or if the court determines the interests of justice require counsel; if they cannot obtain counsel, the court shall appoint it (s. 54.42(1)). A guardian ad litem is always appointed (s. 54.40(1)). The county pays guardian ad litem and defense fees if the person is indigent (s. 54.46(3)(b)).

Less restrictive alternatives

Appointment only if the need is unable to be met effectively and less restrictively through training, support services, assistive devices, a supported decision-making agreement under ch. 52, or other means the person will accept (s. 54.10(3)(a)4.). The court considers advance planning and authorizes only the necessary powers, the least restrictive form of intervention (s. 54.10(3)(c), (e)).

Temporary guardianship

Available where the situation requires the immediate appointment of a temporary guardian of the person or estate, and at the hearing the petitioner provides a physician's or psychologist's report or testimony showing a reasonable likelihood that the person is incompetent. Not to exceed 60 days, extendable for good cause shown for one additional 60-day period; hearing no earlier than 48 hours after filing unless good cause is shown (s. 54.50).

Bond and reports

Bond for a guardian of the estate; no bond may be required for a guardian of the person; waiver is possible in listed circumstances (s. 54.46(4)). Inventory within 60 days after appointment unless the court extends or reduces the time (s. 54.60(3)). Annual account before April 15, unless waived or the estate is under the s. 867.03(1g) small-estate threshold (s. 54.62(1), (3)). Annual report on the ward's condition from the guardian of the person (s. 54.25(1)(a)).

Suggested Compliance Checklist

Weigh less restrictive alternatives

Before filing days after starting

Ask whether a durable power of attorney, a power of attorney for health care, a supported decision-making agreement under ch. 52 or another less restrictive means could meet the need. A guardian can be appointed only if the need is unable to be met effectively and less restrictively, and the court authorizes only the necessary powers.

Document: durable-power-of-attorney

Arrange the physician or psychologist report

Before the hearing days after starting

Ask a physician or psychologist, or both, to examine the proposed ward and complete Form GN-3130. The court considers the report's recency, and the guardian ad litem and the proposed ward's attorney must get a copy at least 96 hours before the hearing.

File Form GN-3100 with the circuit court

At filing days after starting

File Form GN-3100 in the circuit court of the county where the proposed ward lives or is physically present. Ask the clerk about local requirements and filing fees; the court's rules control.

Serve the proposed ward and interested persons

At least 10 days before the hearing days after starting

Serve the petition and notice of hearing on the proposed ward by personal service at least 10 days before the hearing, and give interested persons notice personally or by mail at least 10 days before. The petition is heard within 90 days after filing, or within 60 days if the person was admitted to a nursing home or CBRF under s. 50.06.

Calendar bond, inventory and reports

After appointment days after starting

A guardian of the estate gives the bond the order specifies (none may be required for a guardian of the person) and files the inventory on Form GN-3440 within 60 days after appointment unless the court extends or reduces the time. Every guardian files an account under oath before April 15 each year unless waived or the estate is under the s. 867.03(1g) small-estate threshold. A guardian of the person files an annual report on Form GN-3480.

Task	Description	Document	Days after starting
Weigh less restrictive alternatives	Ask whether a durable power of attorney, a power of attorney for health care, a supported decision-making agreement under ch. 52 or another less restrictive means could meet the need. A guardian can be appointed only if the need is unable to be met effectively and less restrictively, and the court authorizes only the necessary powers.	durable-power-of-attorney	Before filing
Arrange the physician or psychologist report	Ask a physician or psychologist, or both, to examine the proposed ward and complete Form GN-3130. The court considers the report's recency, and the guardian ad litem and the proposed ward's attorney must get a copy at least 96 hours before the hearing.	-	Before the hearing
File Form GN-3100 with the circuit court	File Form GN-3100 in the circuit court of the county where the proposed ward lives or is physically present. Ask the clerk about local requirements and filing fees; the court's rules control.	-	At filing
Serve the proposed ward and interested persons	Serve the petition and notice of hearing on the proposed ward by personal service at least 10 days before the hearing, and give interested persons notice personally or by mail at least 10 days before. The petition is heard within 90 days after filing, or within 60 days if the person was admitted to a nursing home or CBRF under s. 50.06.	-	At least 10 days before the hearing
Calendar bond, inventory and reports	A guardian of the estate gives the bond the order specifies (none may be required for a guardian of the person) and files the inventory on Form GN-3440 within 60 days after appointment unless the court extends or reduces the time. Every guardian files an account under oath before April 15 each year unless waived or the estate is under the s. 867.03(1g) small-estate threshold. A guardian of the person files an annual report on Form GN-3480.	-	After appointment

Frequently Asked Questions

Other Wisconsin guides

Adverse Possession in Wisconsin: Twenty, Ten or Seven Years, and the Affidavit That Stops It

Asset Protection Planning in Wisconsin (2026)

Dealing With Debt Collectors in Wisconsin (2026)

Expunging a Criminal Record in Wisconsin (2026)

Filing a Workplace Harassment Complaint in Wisconsin

Filing Chapter 7 Bankruptcy in Wisconsin (2026)

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