VERIFIED PETITION FOR APPOINTMENT OF GUARDIAN
(State of Wisconsin – Probate Court)
[COUNTY NAME] COUNTY CIRCUIT COURT
PROBATE DIVISION
Case No.: ______
IN THE MATTER OF THE GUARDIANSHIP OF
[FULL LEGAL NAME OF PROPOSED WARD]
Date of Birth: [MM/DD/YYYY]
I. DOCUMENT HEADER
- Title. Verified Petition for Appointment of Guardian of the [Person] [Estate] [Person and Estate] (“Petition”).
- Parties.
a. “Petitioner” – [Full Legal Name, Address, Phone, E-mail].
b. “Proposed Ward” – as captioned above.
c. “Proposed Guardian” – [Name, Address] (collectively with any Stand-By or Successor Guardian, the “Guardian”). - Jurisdiction & Venue. This Court has subject-matter jurisdiction under Wis. Stat. ch. 54 and venue is proper in [County] County because the Proposed Ward resides or is physically present herein.
- Effective Date. This Petition is effective upon filing; the Guardianship, if granted, becomes effective on the date Letters of Guardianship are issued by the Court.
- Governing Law. This Petition, the Guardianship, and all related rights and duties are governed exclusively by the Wisconsin Guardianship Code, Wis. Stat. ch. 54 (the “Guardianship Law”).
[// GUIDANCE: Insert the full county name and double-check the case caption requirements for the specific county probate division.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
II. DEFINITIONS
For ease of reference, capitalized terms have the meanings set forth below:
“Annual Account” – The yearly accounting of the Ward’s estate required under the Guardianship Law.
“Annual Report” – The yearly report on the Ward’s personal status required under the Guardianship Law.
“Bond” – A surety bond or alternative security approved by the Court to secure the faithful performance of the Guardian’s fiduciary duties.
“Estate” – All assets, income, rights, and property interests of the Ward, whether real, personal, tangible, or intangible.
“Interested Person” – Any individual or entity entitled to notice under the Guardianship Law, including but not limited to the Ward, ward’s spouse, adult children, parents, presumptive heirs, current guardian, any agent under a power of attorney, and the county department of social services.
“Least Restrictive Alternative” – An intervention that assists the individual while limiting personal rights as minimally as is consistent with the individual’s needs for safety and decision-making assistance.
“Ward” – The individual who is the subject of the Guardianship once a guardian is appointed.
III. OPERATIVE PROVISIONS
3.1 Relief Requested. Petitioner respectfully requests that the Court:
a. Find the Proposed Ward to be [a minor / an adult who is incompetent or a spendthrift] under the Guardianship Law;
b. Appoint [Name of Guardian] as Guardian of the [Person] [Estate] [Person and Estate];
c. Determine and impose only those specific powers and rights to be removed from the Ward and assigned to the Guardian that are the least restrictive alternative;
d. Fix Bond in the initial penal sum of $[AMOUNT] or such other sum as the Court deems appropriate and approve any alternative security permitted under Wis. Stat. ch. 54;
e. Set a hearing date and direct that the statutory notices be given; and
f. Grant such other and further relief as the Court deems just and equitable.
3.2 Basis for Incompetency or Minority.
a. Adult Ward. The Proposed Ward is an adult who, because of [mental illness / developmental disability / degenerative brain disorder / other], is substantially incapable of receiving and evaluating information or making decisions to the extent that the individual is unable to meet essential requirements for physical health, safety, or self-care, or to manage property or financial affairs.
b. Minor Ward. The Proposed Ward is a minor who requires a guardian because [parents are deceased / parental rights have been terminated / parents are unable or unwilling to perform parental duties].
3.3 Guardian Powers Sought.
a. Guardian of the Person – authority to make decisions concerning medical care, residential placement, services, and supports, subject to the retained rights of the Ward as enumerated by statute and court order.
b. Guardian of the Estate – authority to possess, manage, preserve, invest, and expend the Ward’s Estate and to apply income or principal for the Ward’s benefit, subject to court supervision, bonding, and accounting.
3.4 Notice & Hearing. Petitioner requests that the Court issue an Order Setting Hearing and Notice, directing service in the manner and timeframe required by the Guardianship Law, and appointing a Guardian ad Litem and, if applicable, counsel for the Proposed Ward.
[// GUIDANCE: For adult guardianships, attach a recent physician/psychologist evaluation (not more than 90 days old) as Exhibit A.]
IV. REPRESENTATIONS & WARRANTIES
4.1 Accuracy. Petitioner represents under penalty of perjury that the factual statements herein are true and correct to the best of Petitioner’s knowledge, information, and belief.
4.2 Eligibility of Guardian. Petitioner warrants that the Proposed Guardian:
a. Is at least 18 years of age;
b. Is not a corporation or agency barred by statute from serving;
c. Has no felony convictions or, if any, has obtained a waiver from the Court; and
d. Is willing and able to perform the fiduciary duties imposed by law.
4.3 Conflicts. Petitioner discloses that [there are / there are no] known conflicts of interest between the Proposed Guardian and the Proposed Ward. Any potential conflict is described in Exhibit B.
4.4 Assets & Liabilities. Petitioner represents that, based on the information currently available, the Ward’s Estate has an estimated value of $[AMOUNT] and consists of the assets listed in Exhibit C.
V. COVENANTS & RESTRICTIONS
5.1 Fiduciary Standards. Upon appointment, the Guardian shall act in accordance with the duties of a fiduciary under Wisconsin law, including the prudent investor rule, loyalty, impartiality, and accounting obligations.
5.2 Reporting.
a. Inventory – Within 60 days after issuance of Letters, the Guardian of the Estate shall file a verified inventory of the Ward’s assets.
b. Annual Account – The Guardian of the Estate shall file an Annual Account within 30 days after the anniversary of appointment, unless a different reporting cycle is ordered.
c. Annual Report – The Guardian of the Person shall file an Annual Report on the Ward’s condition and the guardian’s actions within the same 30-day window.
5.3 Court Authorization. The Guardian shall obtain prior court approval for any action requiring such approval under the Guardianship Law, including but not limited to the sale of real property, gifting, executing estate plans, or changing beneficiary designations.
5.4 Bond Maintenance. The Guardian shall maintain the Bond in full force for the duration of the Guardianship unless the Court orders otherwise.
VI. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute defaults:
a. Failure to file required reports within statutory deadlines;
b. Misappropriation or misuse of the Ward’s assets;
c. Failure to maintain the required Bond;
d. Breach of fiduciary duty;
e. Failure to comply with any court order.
6.2 Remedies. Upon default, the Court may:
a. Issue an Order to Show Cause;
b. Suspend or remove the Guardian;
c. Surcharge the Guardian and forfeit the Bond;
d. Impose civil or criminal contempt sanctions;
e. Appoint a Successor Guardian or order such other relief as justice requires.
6.3 Attorney Fees & Costs. The Guardian may be personally liable for reasonable attorney fees and costs incurred by the Ward or Interested Persons as a result of the Guardian’s breach or default.
VII. RISK ALLOCATION
7.1 Indemnification. The Guardian shall be liable to the Ward for any loss resulting from intentional misconduct, gross negligence, or breach of fiduciary duty. Ordinary, good-faith actions taken in compliance with court orders are presumed to be prudent and are indemnified from the Estate, subject to court review.
7.2 Bond Requirement. The Guardian shall furnish a Bond in the penal sum set out above, conditioned upon the faithful discharge of all duties. The Bond shall remain in effect until the Guardian files a Final Account and is formally discharged.
7.3 Insurance. If the Estate contains real property or business operations, the Guardian shall maintain commercially reasonable insurance policies (e.g., liability, property, casualty) commensurate with the size and nature of the assets.
7.4 Force Majeure. The Guardian is not responsible for losses caused by acts of God, war, terrorism, or other force-majeure events, provided the Guardian acts prudently to mitigate damages.
VIII. DISPUTE RESOLUTION
8.1 Forum Selection. All matters arising under this Guardianship shall be heard exclusively by the [County Name] County Circuit Court, Probate Division.
8.2 Arbitration. Arbitration is not available for guardianship matters under Wisconsin law.
8.3 Jury Trial. No right to jury trial exists in probate guardianship proceedings, except as expressly provided by statute.
8.4 Injunctive Relief. The Court retains authority to enter injunctive or protective orders to safeguard the Ward’s person or Estate.
IX. GENERAL PROVISIONS
9.1 Amendments. Any amendment to the Guardian’s powers or to the terms of the Bond shall be made only by further order of this Court.
9.2 Assignment. The duties of Guardian are personal and may not be assigned or delegated, except as expressly authorized by statute or court order.
9.3 Successors & Assigns. Upon resignation, removal, or death of the Guardian, a Successor Guardian shall be appointed pursuant to the Guardianship Law, with all powers and duties transferring thereto upon issuance of new Letters.
9.4 Severability. If any provision of the Court’s ultimate Guardianship Order is determined to be invalid or unenforceable, the remaining provisions shall remain in full force to the extent consistent with legislative intent.
9.5 Integration. The Court’s Letters of Guardianship, any supplemental orders, and this Petition (as approved) collectively constitute the entire framework governing the Guardianship.
9.6 Counterparts & Electronic Signatures. This Petition and any consents may be executed in counterparts and via electronic signature in compliance with Wis. Stat. ch. 137.
X. EXECUTION BLOCK
Respectfully submitted this ___ day of ____, 20__.
[NAME], Petitioner
Address: ___
Telephone: ___
E-mail: ________
VERIFICATION
I, [Name], being first duly sworn, state that I have read the foregoing Petition, know its contents, and that the same is true and correct to the best of my knowledge, information, and belief.
[NAME], Petitioner
Subscribed and sworn before me on this ___ day of ____, 20__.
Notary Public, State of Wisconsin
My commission expires: ____
OPTIONAL EXHIBIT LIST
• Exhibit A – Physician/Psychologist Evaluation (adult wards)
• Exhibit B – Conflict of Interest Disclosure (if any)
• Exhibit C – Asset Schedule / Preliminary Inventory
• Exhibit D – Consent and Nomination by Proposed Guardian
• Exhibit E – Waivers of Notice by Interested Persons
[// GUIDANCE: Local rules often require form GN-3100 (Petition for Guardianship) and GN-3210 (Statement of Acts) to accompany this pleading. Attach those standardized forms or incorporate their content as exhibits.]