Designation of Guardian for Minor Child

DESIGNATION OF GUARDIAN FOR MINOR CHILD

STATE OF WISCONSIN

Pursuant to Wisconsin Statutes § 48.9795

ARTICLE I — DECLARANT INFORMATION

I, the undersigned Declarant, make this Designation of Guardian ("Designation") under and pursuant to the laws of the State of Wisconsin, including Wis. Stat. § 48.9795(2), which provides that a parent may nominate a guardian and successor guardian for any of his or her children who is in need of guardianship, including a nomination by will. Subject to the rights of a surviving parent, the court shall appoint the person nominated unless the court finds that appointment is not in the child's best interests.

Status of Other Parent:

Wisconsin Law Note: Under Wis. Stat. § 48.9795, private guardianships of the person for children are governed by Chapter 48 (the Children's Code). This statute was created by 2019 Wisconsin Act 109 and moved private minor guardianships from Chapter 54 to Chapter 48. Guardianships of the estate for children remain under Chapter 54. Subject to the rights of a surviving parent, the court shall appoint the parent's nominee unless it finds appointment is not in the child's best interests.

ARTICLE II — MINOR CHILDREN INFORMATION

I hereby designate a guardian for the following minor child(ren) for whom I have legal custody or parental authority:

Wisconsin Law Note: Under Wis. Stat. § 48.9795(3), a child who has attained twelve (12) years of age may nominate his or her own guardian. If neither parent is fit, willing, and able to serve, the court may appoint the nominee of the child. The court shall consider the nominations and opinions of both the parents and the child in determining who is appointed.

ARTICLE III — DESIGNATION OF PRIMARY GUARDIAN

Section 3.1 — Primary Guardian

I hereby nominate and designate the following individual to serve as Guardian of the Person of my minor child(ren) named above, in the event of my death, incapacity, or inability to care for said child(ren), pursuant to Wis. Stat. § 48.9795(2):

Type of Guardianship Designated:

Wisconsin Law Note: Under Wisconsin law, guardianship of the person for a child is governed by Wis. Stat. § 48.9795 (Chapter 48 — Children's Code). Guardianship of the estate for a child is governed separately by Chapter 54. Different individuals may be nominated for each role.

☐ Guardian of the Person only (under Wis. Stat. § 48.9795)
☐ Guardian of the Estate only (under Wis. Stat. Chapter 54)
☐ Guardian of both the Person and Estate

Section 3.2 — First Alternate (Successor) Guardian

Under Wis. Stat. § 48.9795(2), a parent may nominate a successor guardian. If the Primary Guardian named above is unable or unwilling to serve, has predeceased me, or the court finds the appointment is not in the child's best interests, I designate the following individual as First Alternate (Successor) Guardian:

Section 3.3 — Second Alternate Guardian

If neither the Primary Guardian nor the First Alternate Guardian is able or willing to serve, I designate the following individual as Second Alternate Guardian:

ARTICLE IV — POWERS GRANTED TO GUARDIAN

Section 4.1 — Powers of Guardian of the Person

Pursuant to Wis. Stat. § 48.9795(6), the Guardian of the Person shall have the following powers and duties:

☐ The duty to provide for the care, custody, and control of the child
☐ The power to establish the child's place of residence
☐ The duty to provide for the child's education, support, and maintenance
☐ The authority to consent to medical, dental, psychiatric, and surgical treatment for the child
☐ The authority to make decisions regarding the child's education, training, and vocational activities
☐ The authority to consent to the child's marriage
☐ The authority to apply for government benefits on behalf of the child
☐ The duty to report to the court as required by law
☐ The right to reasonable compensation for services rendered as guardian, subject to court approval

Section 4.2 — Powers of Guardian of the Estate (if designated under Chapter 54)

☐ The authority to manage the child's financial assets, investments, and property
☐ The authority to collect, hold, and retain assets of the child's estate
☐ The duty to file an inventory of the child's estate with the court
☐ The duty to file annual accountings with the court
☐ The duty to obtain court approval before selling or encumbering real property
☐ The duty to use the child's property for the child's current needs

ARTICLE V — SPECIFIC INSTRUCTIONS FOR CARE OF MINOR CHILD(REN)

Section 5.1 — Education

☐ The child(ren) shall continue attending their current school(s) to the extent practicable
☐ The child(ren) shall attend the following school(s): [________________________________]
☐ The child(ren) shall attend a ☐ public ☐ private ☐ religious ☐ charter school
☐ The child(ren) shall be enrolled in the Wisconsin Parental Choice Program or Milwaukee Parental Choice Program
☐ The child(ren) shall be homeschooled in accordance with Wis. Stat. § 118.165
☐ Special education services or IEP accommodations: [________________________________]
☐ Wisconsin Edvest 529 College Savings Plan information: [________________________________]
☐ Other educational instructions: [________________________________]

Section 5.2 — Religious and Cultural Upbringing

☐ The child(ren) shall be raised in the following faith tradition: [________________________________]
☐ The child(ren) shall attend religious services at: [________________________________]
☐ The child(ren) shall participate in the following cultural traditions: [________________________________]
☐ The child(ren) shall maintain connections with the following tribal community (if applicable): [________________________________]
☐ No specific religious or cultural instructions

Section 5.3 — Medical Care

☐ The child(ren) shall continue care with their current healthcare providers: [________________________________]
☐ The child(ren) have the following known allergies: [________________________________]
☐ The child(ren) currently take the following medications: [________________________________]
☐ The child(ren) have the following medical conditions requiring ongoing care: [________________________________]
☐ Health insurance information (including BadgerCare Plus/Medicaid if applicable): [________________________________]
☐ Immunization preferences: [________________________________]
☐ Mental health care instructions: [________________________________]
☐ Other medical instructions: [________________________________]

Section 5.4 — Financial Provisions

☐ Life insurance policy proceeds are designated for the care of the minor child(ren). Policy No.: [________________________________]
☐ Trust funds have been established for the child(ren). Trust Name: [________________________________]
☐ The following assets are designated for child support: [________________________________]
☐ Monthly budget guidance for child care: $[________________________________]

Section 5.5 — Contact with Family Members

☐ The child(ren) shall maintain regular contact with the following family members: [________________________________]
☐ The child(ren) shall NOT have contact with the following individuals: [________________________________]
☐ Visitation schedule with non-custodial parent (if applicable): [________________________________]

Section 5.6 — Extracurricular Activities and Lifestyle

☐ The child(ren) shall continue the following activities: [________________________________]
☐ Dietary restrictions or preferences: [________________________________]
☐ Pet care instructions: [________________________________]
☐ Other specific instructions: [________________________________]

ARTICLE VI — CONDITIONS AND LIMITATIONS

Section 6.1 — Conditions on Guardianship

☐ This Designation applies to all minor child(ren) listed in Article II
☐ This Designation applies only to the following child(ren): [________________________________]
☐ The Guardian shall not relocate the child(ren) outside the State of Wisconsin without court approval
☐ The Guardian shall not relocate the child(ren) outside of [________________________________] County without court approval
☐ Other conditions: [________________________________]

Section 6.2 — Persons Disqualified from Serving as Guardian

I expressly request that the following individual(s) NOT be appointed as guardian of my minor child(ren), and I state the reasons as follows:

ARTICLE VII — EFFECTIVE DATE AND DURATION

Section 7.1 — Triggering Events

This Designation shall become effective upon the occurrence of any of the following events (check all that apply):

☐ My death
☐ A judicial determination that I am incapacitated under Wisconsin law
☐ A determination by a licensed physician that I am no longer able to care for my child(ren)
☐ A finding that I am no longer fit, willing, or able to carry out the duties of a parent
☐ Other triggering event: [________________________________]

Section 7.2 — Duration

This Designation shall remain in effect until:

☐ The minor child(ren) reach the age of majority (eighteen years of age under Wisconsin law)
☐ A court of competent jurisdiction enters an order modifying or terminating this Designation
☐ I revoke this Designation in writing
☐ The Guardian resigns or is removed by court order
☐ The child is adopted
☐ The guardianship is terminated by court order under Wis. Stat. § 48.9795

ARTICLE VIII — REVOCATION OF PRIOR DESIGNATIONS

I hereby revoke all prior designations of guardian for the minor child(ren) named in this instrument, whether made by will, written declaration, or other instrument. This Designation supersedes any and all prior guardianship designations executed by me.

ARTICLE IX — ACCEPTANCE BY DESIGNATED GUARDIAN

Primary Guardian Acceptance:

I, [________________________________], hereby acknowledge that I have read this Designation of Guardian, understand the responsibilities described herein, and accept the nomination as Guardian of the Person of the minor child(ren) named above, subject to court appointment as required by Wisconsin law.

Signature: ________________________________ Date: [__/__/____]

Printed Name: [________________________________]

First Alternate (Successor) Guardian Acceptance:

I, [________________________________], hereby acknowledge that I have read this Designation of Guardian, understand the responsibilities described herein, and accept the nomination as Successor Guardian of the Person of the minor child(ren) named above, should the Primary Guardian be unable or unwilling to serve.

Signature: ________________________________ Date: [__/__/____]

Printed Name: [________________________________]

ARTICLE X — DECLARANT SIGNATURE

I declare under penalty of perjury under the laws of the State of Wisconsin that the foregoing is true and correct, that I am of sound mind, and that I execute this Designation voluntarily and without duress or undue influence.

Signature of Declarant: ________________________________ Date: [__/__/____]

Printed Name: [________________________________]

ARTICLE XI — WITNESS ATTESTATION

We, the undersigned witnesses, each being at least eighteen (18) years of age and of sound mind, declare that the Declarant signed this instrument in our presence, or acknowledged to us that the Declarant signed this instrument, and that the Declarant appeared to be of sound mind and not acting under duress.

Witness No. 1:

Witness No. 2:

ARTICLE XII — NOTARY ACKNOWLEDGMENT

STATE OF WISCONSIN
COUNTY OF [________________________________]

On this [____] day of [________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacity and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public Signature: ________________________________

Printed Name of Notary: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

ARTICLE XIII — FILING AND RECORDING INSTRUCTIONS

Important Wisconsin Practice Notes:

1. Guardianship of the Person (Chapter 48): Under Wis. Stat. § 48.9795, a petition for guardianship of the person of a child is filed in the Circuit Court, Family Division. The 2019 Wisconsin Act 109 moved private minor guardianships of the person from Chapter 54 to Chapter 48.

2. Guardianship of the Estate (Chapter 54): Guardianship of the estate for a child remains under Chapter 54 and is filed in the Circuit Court, Probate Division.

3. Petition Requirements: Under Wis. Stat. § 48.9795(4), the petition must include:
   - The name, date of birth, and address of the child
   - The name and address of each parent
   - The basis for the court's jurisdiction
   - The name, address, and qualifications of the proposed guardian
   - The reasons guardianship is necessary
   - A statement that the proposed guardian is willing and able to serve

4. Parent's Nomination Priority: Under § 48.9795(2), the court shall appoint the parent's nominee, subject to the rights of a surviving parent, unless the court finds the appointment is not in the child's best interests.

5. Child's Right to Nominate (Age 12+): Under § 48.9795(3), a child who has attained twelve (12) years of age may nominate their own guardian.

6. Nomination by Will: A parent may include a guardian nomination in their will. The nomination becomes relevant upon the parent's death and the will's admission to probate.

7. Distribution of Copies: Provide copies to:
   - The designated Primary Guardian and Successor Guardian(s)
   - Your estate planning attorney
   - The Clerk of the Circuit Court in your county of residence
   - Each parent of the child
   - The child, if twelve (12) years of age or older

8. Indian Child Welfare Act (ICWA): If the child is a member of or eligible for membership in a federally recognized tribe, ICWA (25 U.S.C. § 1901 et seq.) and the Wisconsin Indian Child Welfare Act (Wis. Stat. § 48.028) may impose additional requirements.

9. Review and Update: This Designation should be reviewed and updated periodically, and especially after any significant life changes.

SOURCES AND REFERENCES

• Wisconsin Statutes § 48.9795 — Appointment of Guardian of the Person for a Child: https://docs.legis.wisconsin.gov/statutes/statutes/48/xx/9795
• 2019 Wisconsin Act 109 (creating § 48.9795): https://docs.legis.wisconsin.gov/2019/related/acts/109
• Wisconsin Lawyer — New Minor Guardianship Law: https://www.wisbar.org/NewsPublications/WisconsinLawyer/Pages/Article.aspx?Volume=94&Issue=1&ArticleID=28143
• Burnett County — Minor Guardianship Guideline: https://www.burnettcountywi.gov/DocumentCenter/View/9962/Minor-Guardianship-Guideline-Under-Chapter-489795--Chapter-54

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used as a substitute for consultation with a licensed Wisconsin attorney. Laws are subject to change, and the applicability of this template to your specific circumstances should be verified by qualified legal counsel.