Wisconsin Adult Guardianship Petition Package

Wisconsin Adult Guardianship Petition Package

Part 1 — Pre-Petition Checklist

☐ Confirmed the proposed ward is an adult (or will be within ninety days) who is "incompetent" under Wis. Stat. § 54.10(3): unable to receive and evaluate information effectively or to communicate decisions to such an extent that the individual is unable to meet the essential requirements for physical health and safety.
☐ Confirmed venue under Wis. Stat. § 54.30 / § 54.34: county of residence of the proposed ward, or county where proposed ward is physically present.
☐ Identified all interested persons under Wis. Stat. § 54.34(1)(e) — spouse, adult children, parents, siblings, persons named in any health care power of attorney, agent under durable POA, conservator (if any), and any other person with a known interest.
☐ Considered and documented all less restrictive alternatives, including durable power of attorney, healthcare power of attorney, declaration to physicians (living will), representative payee, trust, Supported Decision-Making Agreement under Wis. Stat. § 52.10 (DHS Form F-03327), and protective services under Ch. 55.
☐ Obtained or arranged Examining Physician's or Psychologist's Report (Form GN-3130) under Wis. Stat. § 54.36. The report alone is hearsay and inadmissible in a contested hearing without in-court testimony of the examiner (R.S. v. Milwaukee County, 162 Wis. 2d 197 (1991)).
☐ If proposed ward refuses to participate in court-ordered evaluation, prepared for "independent review of all records" required by Walworth County v. Therese B., 2003 WI App 223.
☐ Identified proposed guardian and prepared Statement of Acts by Proposed Guardian and Consent to Serve (Form GN-3140).
☐ Planned for mandatory guardian training under Wis. Stat. § 54.26 (Form GN-3135 confirmation must be filed after appointment).
☐ Determined whether petition seeks temporary guardianship, permanent guardianship, or both (Form GN-3100).
☐ Determined whether a concurrent protective placement or protective services petition under Ch. 55 is appropriate.
☐ Prepared Notice and Order for Hearing (Form GN-101 / GN-3110).
☐ Confirmed plan for personal service on the proposed ward (Form GN-3121 Certificate of Service on Individual is required — Ch. 54 and Ch. 55 require special service on the proposed ward).
☐ Filing fee confirmed with circuit court clerk.
☐ Noted 2025 Wis. Act 115 amendments to § 54.34 take effect June 1, 2026 (new sub. (1m) re: supported decision-making consideration).

Part 2 — Verified Petition for Temporary/Permanent Guardianship (Form GN-3100)

PETITION FOR TEMPORARY/PERMANENT GUARDIANSHIP DUE TO INCOMPETENCY

Petitioner, [PETITIONER NAME], by counsel, pursuant to Wis. Stat. §§ 54.34 and 54.10, respectfully petitions the Court as follows:

1. Petitioner

2. Proposed Ward — Wis. Stat. § 54.34(1)(a)

3. Nature of Incompetency — Wis. Stat. §§ 54.34(1)(b), 54.10(3)

The Proposed Ward is unable to:

☐ Receive and evaluate information effectively, AND/OR
☐ Communicate decisions to such an extent that the individual is unable to meet the essential requirements for physical health and safety, AND/OR
☐ Manage his/her property or financial affairs.

4. Estate of Proposed Ward — Wis. Stat. § 54.34(1)(c)

5. Proposed Guardian — Wis. Stat. § 54.34(1)(d)

6. Interested Persons — Wis. Stat. § 54.34(1)(e)

7. Less Restrictive Alternatives Considered

8. Type of Guardianship Requested

☐ Guardian of the Person
☐ Guardian of the Estate
☐ Both Person and Estate
☐ Temporary Guardian under § 54.50 (limited to 60 days; renewable once)
☐ Limited Guardianship under § 54.10(3)(b) — preserving the following specific rights/powers in the ward: [____________]

9. Concurrent Petitions (if applicable)

☐ Petition for Protective Placement under Wis. Stat. § 55.08 filed concurrently
☐ Petition for Protective Services under Wis. Stat. § 55.08 filed concurrently
☐ Neither

10. Prayer for Relief

WHEREFORE, Petitioner respectfully requests the Court to:

a. Issue an Order and Notice of Hearing (Form GN-3110) under Wis. Stat. § 54.38;
b. Appoint a Guardian ad Litem under Wis. Stat. § 54.40 / § 54.42;
c. Appoint counsel for the Proposed Ward upon request or as required;
d. Order an examination by physician or psychologist under Wis. Stat. § 54.36;
e. After hearing, adjudge the Proposed Ward incompetent under Wis. Stat. § 54.10;
f. Appoint [PROPOSED GUARDIAN] as Guardian of the ☐ Person ☐ Estate ☐ Both;
g. Order the least restrictive guardianship consistent with § 54.10;
h. Require the guardian to complete the training required under § 54.26;
i. Set bond, if any, under § 54.18; and
j. Grant such other relief as is just.

VERIFICATION

I declare under penalty of perjury under the laws of the State of Wisconsin that the foregoing Petition is true and correct.

Attorney for Petitioner:

Part 3 — Notice to Proposed Ward and Rights (Wis. Stat. § 54.44(4))

NOTICE TO PROPOSED WARD — YOUR RIGHTS

TO: [PROPOSED WARD NAME]

A Petition has been filed in the Circuit Court for [______________] County, Wisconsin asking the Court to find you INCOMPETENT and to appoint a Guardian for you. If granted, a guardian will be authorized to make some or all decisions for you about your healthcare, where you live, your finances, and other important matters.

YOU HAVE THE FOLLOWING RIGHTS:

☐ The right to be present at all hearings;
☐ The right to a Guardian ad Litem appointed to represent your best interests (Wis. Stat. § 54.40 / § 54.42);
☐ The right to counsel of your own choosing or, upon request, an attorney appointed by the court (Wis. Stat. § 54.40);
☐ The right to a jury trial in contested incompetency proceedings;
☐ The right to present evidence and witnesses;
☐ The right to cross-examine the examining physician or psychologist who prepared the GN-3130 report;
☐ The right to an independent medical examination;
☐ The right to require proof by clear and convincing evidence (§ 54.10(3));
☐ The right to require the Court to use the least restrictive form of intervention consistent with your needs;
☐ The right to attend in-person or by appropriate accommodations;
☐ The right to keep all rights not specifically removed by the Court.

HEARING:

Served by: [____________] Date: [__/__/____] Method: Personal Service (Form GN-3121 required)

Part 4 — Notice to Interested Parties (Form GN-3110)

ORDER AND NOTICE OF HEARING (ADULT GUARDIANSHIP)

TO: [NAME], [RELATIONSHIP]

PLEASE TAKE NOTICE that [PETITIONER NAME] has filed a Petition for Guardianship of [PROPOSED WARD NAME] in the Circuit Court for [______________] County, Wisconsin, Case No. [____________].

A hearing on the Petition is scheduled for:

You may appear and be heard, file written objections, and present evidence.

Persons Entitled to Notice (Wis. Stat. § 54.38) — Form GN-3120 Declaration of Service required:

Part 5 — Examining Physician's or Psychologist's Report (Form GN-3130; Wis. Stat. § 54.36)

EXAMINING PHYSICIAN'S OR PSYCHOLOGIST'S REPORT

Proposed Ward: [_______________________]
Date of Examination: [__/__/____]
Examiner Name: [_______________________]
Examiner Type: ☐ Physician ☐ Licensed Psychologist
License No.: [_______________________]
Specialty: [_______________________]

A. Diagnosis / Conditions Causing Incompetency

[________________________________]

B. Onset, Duration, Prognosis

C. Functional Capacity Assessment

D. Least Restrictive Recommendation

☐ Full guardianship of person needed
☐ Full guardianship of estate needed
☐ Limited guardianship sufficient (specify): [____________]
☐ Less restrictive alternative would suffice (specify): [____________]
☐ Protective placement under Ch. 55 recommended
☐ Protective services under Ch. 55 recommended

E. Ability to Attend Hearing

☐ Can attend in person without harm
☐ Attendance would be detrimental to health/welfare (explain): [____________]

F. Independent Review If Ward Refused Examination (Walworth Cnty. v. Therese B.)

[________________________________]

G. Examiner's Sworn Statement

I declare under penalty of perjury under Wisconsin law that the foregoing report is true and correct based on my personal examination (or independent records review if examination refused) of the Proposed Ward.

Part 6 — Order Appointing Guardian ad Litem (Form GF-131A; Wis. Stat. § 54.40 / § 54.42)

ORDER APPOINTING GUARDIAN AD LITEM (and Counsel if Requested)

Pursuant to Wis. Stat. §§ 54.40 and 54.42, the Court hereby APPOINTS:

[GAL NAME], State Bar No. [______], as Guardian ad Litem for the Proposed Ward.

The Guardian ad Litem shall (Wis. Stat. § 54.42):

☐ Personally meet with the Proposed Ward;
☐ Explain the petition, rights, and proceedings;
☐ Inform the Proposed Ward of the right to request counsel;
☐ Determine whether the Proposed Ward objects to the petition or to the proposed guardian;
☐ Investigate the Proposed Ward's medical, social, and financial circumstances;
☐ Identify less restrictive alternatives;
☐ File the Report of Guardian ad Litem (Form GN-3160) prior to hearing;
☐ Appear at the hearing and present a recommendation.

If the Proposed Ward requests counsel, or the Court determines counsel is needed:

[ATTORNEY NAME], State Bar No. [______], is APPOINTED as counsel under § 54.40.

Compensation: ☐ From the estate ☐ County funds ☐ Petitioner

Part 7 — Less Restrictive Alternative Analysis (Wis. Stat. § 54.10)

LEAST RESTRICTIVE ALTERNATIVE CERTIFICATION

Wisconsin law mandates that the Court impose only the guardianship necessary to meet the proposed ward's needs and that the Court use the least restrictive form of intervention consistent with the individual's welfare and safety (Wis. Stat. § 54.10(3)).

Conclusion: The least restrictive alternative consistent with the Proposed Ward's welfare is:

☐ Plenary guardianship of person
☐ Plenary guardianship of estate
☐ Limited guardianship — specific powers transferred to the guardian: [____________]
☐ Rights and powers RESERVED to the Ward: [____________]

Part 8 — Bond (Wis. Stat. § 54.18)

GUARDIAN'S BOND

Pursuant to Wis. Stat. § 54.18, the Court may require a Guardian of the Estate to file a bond.

Bond Amount: $[__________]

calculated based on the value of personal property in the guardianship estate plus reasonably anticipated annual income.

☐ Bond required as set forth above.
☐ Bond reduced for stated reasons: [____________]
☐ Bond waived by Court order based on: [____________]

Part 9 — Notice of Hearing (Form GN-3110; Wis. Stat. § 54.38)

ORDER AND NOTICE OF HEARING

PLEASE TAKE NOTICE that the hearing on the Petition for Guardianship of [PROPOSED WARD NAME] will be held:

The Proposed Ward has the right to attend in person, to a Guardian ad Litem, to counsel on request, to a jury trial, to present evidence, and to cross-examine the examining physician/psychologist.

Part 10 — Determination and Order on Petition for Guardianship (Form GN-3170)

DETERMINATION AND ORDER ON PETITION FOR GUARDIANSHIP DUE TO INCOMPETENCY

This matter came before the Court on [__/__/____] on the Petition for Guardianship, the Examining Physician's/Psychologist's Report (GN-3130), the Report of the Guardian ad Litem (GN-3160), testimony, and the entire record. The Court FINDS by clear and convincing evidence:

1. ☐ The Court has jurisdiction and venue is proper.
2. ☐ Notice has been given as required by Wis. Stat. § 54.38; the Proposed Ward was personally served (GN-3121).
3. ☐ A Guardian ad Litem was appointed under § 54.42; counsel was [appointed/declined] under § 54.40.
4. ☐ The Proposed Ward is incompetent within Wis. Stat. § 54.10(3) — unable to receive and evaluate information effectively or to communicate decisions to such an extent that he/she is unable to meet the essential requirements for physical health and safety.
5. ☐ No less restrictive form of intervention is sufficient to meet the Ward's needs.
6. ☐ [PROPOSED GUARDIAN] is qualified, not disqualified under § 54.15, and is the most suitable person.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

A. [NAME] is APPOINTED Guardian of the ☐ Person ☐ Estate ☐ Both of [WARD NAME].

B. The Guardian shall have the following powers under Wis. Stat. § 54.25 (and as limited below):

☐ Determine residence
☐ Consent to medical / dental / psychiatric treatment
☐ Manage finances and property
☐ Receive income and benefits
☐ Pay reasonable care expenses
☐ Enter contracts
☐ Apply for governmental benefits
☐ Other: [____________]

C. Rights and Powers RESERVED to the Ward under § 54.25(2):

☐ Right to vote
☐ Right to marry
☐ Right to operate a motor vehicle
☐ Right to make personal medical decisions of specified scope
☐ Right to communicate freely
☐ Right to choose social associations
☐ Other: [____________]

D. Bond is set at $[__________] [☐ or waived].

E. The Guardian must complete the training required by Wis. Stat. § 54.26 and file Form GN-3135 Confirmation of Completion of Guardian Training Program.

F. The Guardian of the Estate shall file an Inventory under § 54.68 within sixty (60) days.

G. The Guardian of the Person shall file an Annual Report on the Condition of the Ward under § 54.62.

H. The Guardian of the Estate shall file an Annual Account under § 54.66.

I. Letters of Guardianship shall issue upon qualification, posting of bond (if required), and completion of training.

LETTERS OF GUARDIANSHIP

STATE OF WISCONSIN, [_____________] COUNTY

These Letters are issued to [GUARDIAN NAME], who is authorized to act as Guardian of the ☐ Person ☐ Estate ☐ Both of [WARD NAME] with the powers set forth in the Determination and Order entered [__/__/____] under Wis. Stat. § 54.46, subject to the rights reserved to the Ward.

Part 11 — Initial Inventory and Annual Reporting (§§ 54.62, 54.66, 54.68)

INITIAL INVENTORY (Wis. Stat. § 54.68)

Within sixty (60) days of appointment, the Guardian of the Estate shall file an Inventory showing all assets as of the date of qualification.

ANNUAL REPORT ON CONDITION OF WARD (Wis. Stat. § 54.62)

The Guardian of the Person shall file an annual report including:

☐ Current residence and living arrangements
☐ Medical condition and treatment received
☐ Social, educational, vocational activities
☐ Recommendation as to continuation/modification/termination
☐ Number and nature of contacts with the Ward
☐ Statement on whether less restrictive alternatives now exist
☐ Confirmation Ward has been informed of right to petition for termination/modification

ANNUAL ACCOUNT (Wis. Stat. § 54.66)

The Guardian of the Estate shall file an Annual Account containing:

☐ Beginning balance / inventory
☐ All receipts (categorized)
☐ All disbursements (categorized)
☐ Ending balance
☐ Supporting documentation
☐ Bond verification
☐ Plan for following year

Sources and References

• Wisconsin Statutes Chapter 54 (Guardianships and Conservatorships): https://docs.legis.wisconsin.gov/statutes/statutes/54
• Wisconsin Statutes Chapter 55 (Protective Service System): https://docs.legis.wisconsin.gov/statutes/statutes/55
• Wisconsin Statutes Chapter 53 (Uniform Adult Guardianship Jurisdiction)
• Wisconsin Statute § 52.10 (Supported Decision-Making Agreements)
• 2025 Wis. Act 115 — effective June 1, 2026 (creates § 54.34(1m) re: supported decision-making)
• Wisconsin Court System — Guardianship Forms (GN-series): https://www.wicourts.gov/forms1/circuit/ccform.jsp?Category=17
• Key forms: GN-3100 (Petition), GN-3110 (Order/Notice of Hearing), GN-3120/3121 (Service), GN-3130 (Physician/Psychologist Report), GN-3135 (Training Confirmation), GN-3140 (Statement of Acts/Consent to Serve), GN-3160 (GAL Report), GN-3170 (Determination/Order)
• R.S. v. Milwaukee County, 162 Wis. 2d 197, 470 N.W.2d 260 (1991) — physician's report is hearsay without in-court testimony
• Walworth County v. Therese B., 2003 WI App 223, 267 Wis. 2d 310 — independent records review required when ward refuses examination
• WI DHS Supported Decision-Making Agreement (Form F-03327)
• Wisconsin Guardianship Support Center (GWAAR): https://gwaar.org