Guardianship Laws in Wisconsin (2026): Rights, Rules, and Process

Most people don’t realize how complex guardianship can be until they need it. Seriously. Whether you’re caring for a child who isn’t yours or helping an aging parent, Wisconsin’s guardianship laws can feel overwhelming. Let’s break down exactly what you need to know.

This guide covers the basics of guardianship in Wisconsin. You’ll learn who qualifies, what the process looks like, and what it costs. We’ll keep it simple.

What Is Guardianship in Wisconsin?

Guardianship is a legal relationship where a court appoints someone to make decisions for another person. The person appointed is called the guardian. The person they’re helping is called the ward.

Think of it like this. A guardian steps in when someone can’t make their own decisions. This could be a child whose parents can’t care for them. Or it could be an adult who has a disability or illness.

Wisconsin has two main types of guardianship. Each one serves a different purpose.

Understanding the Two Types of Guardianship

Wondering what the difference is? Let me break it down.

Guardian of the Person

A guardian of the person makes personal decisions for the ward. They handle healthcare choices. They decide where the ward lives. They make sure the ward gets proper care and education.

Basically, they’re in charge of the ward’s daily life and wellbeing. Pretty straightforward.

Guardian of the Estate

A guardian of the estate manages money and property. They pay bills. They handle investments. They keep track of all the ward’s assets.

The court can appoint the same person for both roles. Or it can appoint different people. It depends on what works best for the ward.

Guardianship for Minors in Wisconsin

Here’s where things get specific. Minor guardianship is when someone other than a parent takes on parental responsibilities.

The new guardian is usually a family member. Courts pick guardians based on the child’s best interests. Parents’ rights aren’t completely terminated like they would be in adoption. Parents can still make some decisions depending on the court order.

Types of Minor Guardianship

Wisconsin offers four types of minor guardianship. The type depends on how urgent the situation is.

Full Guardianship: This transfers all parental duties to the guardian. It lasts until the court says otherwise or the child turns 18.

Limited Guardianship: The guardian only gets specific powers. Maybe they can make medical decisions but not financial ones. The court sets an expiration date for this type.

Temporary Guardianship: This lasts up to 60 days. It can be extended once for another 60 days. After that, you need to wait 90 days before requesting another temporary guardianship.

Emergency Guardianship: The court grants this when a child’s welfare requires immediate action. It’s the fastest option available.

Hold on, this part is important. Anyone can file for guardianship of a child. You don’t have to be a relative. But you do need to prove it’s in the child’s best interest.

Guardianship for Adults in Wisconsin

Adult guardianship works differently. In Wisconsin, everyone over 18 is presumed competent. They have the right to make their own decisions about money, healthcare, and where they live.

This presumption doesn’t change just because someone has a disability. Family members are often surprised to learn this. They might not have any legal right to know about their relative’s care without permission.

When Is Adult Guardianship Needed?

The court can appoint a guardian for adults who have a functional impairment. This means they can’t make decisions or communicate effectively. The impairment has to be serious enough that guardianship is necessary.

Since December 1, 2006, guardianship orders in Wisconsin must be tailored to each person’s needs. They should be as minimally restrictive as possible. The ward might keep some of their rights.

Sound complicated? It’s actually designed to protect the person’s freedom while getting them help.

Who Can Become a Guardian in Wisconsin?

Not just anyone can be a guardian. You need to meet certain requirements.

First, you must be competent and suitable. The court decides this. If you’re applying to be guardian of the estate, you might need to submit a credit report. You’ll also need background checks in most counties.

Starting January 1, 2025, some counties require a Wisconsin Department of Justice criminal history check. They also require a caregiver background check. Check with your local county to see what they require.

Parents can nominate a guardian in their will. If you’re nominated, the court will usually appoint you unless it’s not in the child’s best interests.

The Guardianship Process in Wisconsin

Okay, let’s talk about how this actually works. The process has several steps.

Step 1: File a Petition

You start by filing a petition with the circuit court in your county. You’ll need specific forms. These include a petition for appointment, an affidavit, and a statement by the proposed guardian.

For minors, you’ll typically use Form JN-1501. If it’s an emergency, you’ll use Form JN-1504. If the child is Native American, there’s a special form (IW-1501).

Step 2: Notify Interested Parties

You must tell anyone who might be affected by the guardianship. This includes the child if they’re over 12. It includes parents and other potential guardians.

This isn’t optional. It’s a legal requirement.

Step 3: Guardian ad Litem Appointment

The court will appoint a Guardian ad Litem (GAL) in most cases. Trust me, this is important to understand.

A GAL is an attorney who represents the best interests of the person. Not their wishes. Their best interests. There’s a difference.

The GAL investigates the situation. They interview people. They review documents. Then they make a recommendation to the court.

You’re not alone, this confuses a lot of people. The GAL is not the ward’s attorney in the traditional sense. They advocate for what’s best, even if the ward disagrees.

Step 4: The Hearing

The initial hearing happens within 45 days of filing for minor guardianship. For adult guardianship, it’s within 90 days.

If nobody contests the guardianship, things move faster. The fact-finding and dispositional hearing can happen right away.

If someone contests it, the hearing gets rescheduled. It will happen within 30 days of the initial hearing.

At the hearing, you present evidence. You explain why you should be the guardian. If someone opposes it, they present their side too. The court decides based on what’s best for the ward.

Step 5: Court Order

If the court approves, it issues an order appointing you as guardian. The order specifies your powers and duties. It tells you exactly what you can and can’t do.

Now here’s where it gets serious. You have ongoing responsibilities after appointment.

Guardian Responsibilities and Duties

Being a guardian isn’t a one-time thing. You have continuous duties.

Guardians of the person must make sure the ward is safe. They must provide for healthcare, education, and daily needs. They exercise the same care a reasonable person would use in their own affairs.

Guardians of the estate have financial duties. Within 60 days of appointment, you must file an inventory of the ward’s assets. Every year after that, you must file an accounting with the court. This shows all income received and expenses paid.

Honestly, this is the part most people miss. The court monitors guardians closely. You can’t just do whatever you want.

Guardian Fees and Costs in Wisconsin

Let’s talk money. Guardianship costs vary by county and situation.

Filing Fees

Filing fees depend on the type of guardianship and the estate’s value. For minor guardianship petitions, the fee is around $124 in most counties. For guardianship of the estate with assets under $50,000, the fee is typically $36. If assets exceed $50,000, the fee is 0.2% of the property value.

These fees can change, so check with your local Register in Probate.

Guardian ad Litem Fees

GAL fees are usually your biggest cost. Most counties require a $2,000 deposit before appointing a GAL. This deposit is typically split equally between the parties. Some courts may reduce this for indigent parties.

The GAL bills against this deposit for their time. If you owe past GAL fees, many counties won’t appoint a new GAL until you pay what’s owed.

Guardian Compensation

Individual guardians (not corporate guardians) can receive fees. In some counties like Outagamie County, the maximum is $50 per month for guardian of the person. Another $50 per month maximum for guardian of the estate.

You can’t just take these fees. The court must approve them first. Always get approval before paying yourself.

Attorney Fees

If you hire an attorney to help with the guardianship process, those fees are separate. They vary widely based on the complexity of your case.

The ward’s estate usually pays reasonable fees if there are sufficient assets. If not, you might be responsible.

Subsidized Guardianship for Children

Wisconsin offers subsidized guardianship for some children. If you’re a licensed foster parent who becomes a guardian, you might qualify for monthly payments.

This helps offset the costs of caring for the child. You must meet specific eligibility requirements and enter into an agreement before the guardianship is finalized.

Special Circumstances and Exceptions

Not every guardianship fits the standard mold. Here are some special situations.

Supported Decision-Making

Since 2006, Wisconsin law requires courts to consider alternatives to guardianship. Supported decision-making is one alternative. This allows adults to get help making decisions without losing their legal rights.

The court must determine if this has been tried before appointing a guardian. It’s less restrictive than guardianship.

Powers of Attorney

Having an updated Power of Attorney can prevent the need for guardianship. Medical and financial POAs should reflect your current wishes.

Courts favor families with proactive planning. Review your POAs regularly, especially after major life events.

Corporate Guardians

Sometimes no suitable individual is available. Private nonprofit corporations can serve as guardians. These are called corporate guardians. They must be approved by the court.

Corporate guardian fees are different from individual guardian fees. They’re often higher but are still regulated by the court.

Guardian ad Litem: What You Need to Know

The GAL plays a huge role in guardianship cases. Let’s dig deeper.

GALs must be attorneys licensed in Wisconsin. They need specific training in family law and child development. They complete ongoing education requirements to stay qualified.

Each county maintains a list of eligible GAL attorneys. The court appoints someone from this list.

Wait, it gets better. The GAL has legal immunity from negligence lawsuits. They can’t be called as witnesses in the proceeding. Instead, they present information through evidence, like any other attorney.

The GAL investigates thoroughly. They interview parents, children, and other relevant people. They review medical records, school records, and more. They attend negotiations and court hearings.

Their final recommendation carries significant weight with the court. Judges take GAL recommendations very seriously.

Ward Rights and Protections

Here’s something crucial. Wards don’t lose all their rights.

A ward retains all rights not specifically assigned to the guardian. The guardianship order must clearly state what powers the guardian has. Everything else stays with the ward.

The guardian can only exercise powers authorized by statute or court order. The court grants only those powers necessary to meet the ward’s needs. This is called the least restrictive form of intervention.

For children over 12, they have the right to nominate their own guardian. The court considers this nomination seriously, though it’s not binding.

Adults under guardianship can challenge the guardianship. They have the right to their own attorney. They can request termination or modification if their circumstances improve.

How to Modify or Terminate Guardianship

Guardianships aren’t always permanent. Circumstances change.

Modifying a Guardianship

You can ask the court to change a guardianship order. Maybe the ward needs more or fewer restrictions. Maybe circumstances have changed.

File a petition explaining why modification is needed. The court will hold a hearing. The GAL might be reappointed to investigate.

Terminating a Guardianship

Guardianship of a minor automatically ends when the child turns 18. It also ends if the child gets married, enters military service, or is adopted.

For adults, guardianship can end if the ward regains capacity. The ward or any interested person can petition for termination. You’ll need evidence that guardianship is no longer necessary.

When a ward dies, the guardianship of the person ends immediately. Guardianship of the estate continues until all affairs are settled.

Reporting Requirements for Guardians

This one’s probably the most important rule. Guardians have ongoing reporting duties.

Inventory Filing

If you’re guardian of the estate, you must file an inventory within 60 days of appointment. This lists all of the ward’s assets, their value, and any encumbrances.

Use the standard court forms. Your county Register in Probate can provide them.

Annual Accountings

Every year, guardians of the estate must file a verified accounting. This shows all income received during the year. It shows all expenses paid. It explains any changes in assets.

The court reviews these carefully. Missing deadlines or filing incomplete accountings can get you in trouble.

Notice of Changes

You must immediately notify the court if the ward’s address changes. You must notify them if your address changes. You must report significant changes in the ward’s condition or circumstances.

Keep the court informed. It’s not just good practice. It’s the law.

County-Specific Rules

Different Wisconsin counties have different local rules. What works in Milwaukee might not work in Marathon County.

Some counties require bonds for out-of-state guardians. Others have specific rules about using cash versus checks. Some limit mileage reimbursement or require court approval for purchases over a certain amount.

Before filing, check your county’s local court rules. Contact the Register in Probate office. Ask about any special requirements.

Don’t assume. Verify.

Getting Help with Guardianship

Guardianship can be complex. You don’t have to do it alone.

The Wisconsin Guardianship Support Center offers resources and guidance. They can answer questions and provide support. You can reach them at 1-855-409-9410 or email [email protected].

The Wisconsin State Bar offers a lawyer referral service. Call 800-362-9082 to find an attorney who handles guardianship cases.

Your county’s Register in Probate office has forms and basic information. They can’t give legal advice, but they can help you understand the process.

If your situation is complicated, hire an attorney. The investment is worth it to get things right.

Frequently Asked Questions

How long does it take to get guardianship in Wisconsin? The timeline varies. For minor guardianship, the initial hearing is within 45 days of filing. For adult guardianship, it’s within 90 days. If nobody contests it, you might get appointed at the first hearing. Contested cases take longer.

Can I be a guardian if I live out of state? Yes, but some counties require out-of-state guardians to post a bond. Check your county’s local rules. You’ll still need to fulfill all guardian duties even from out of state.

What happens if I can’t afford the GAL deposit? You can ask the court to reduce or waive the deposit based on indigency. File a financial disclosure form with all required attachments. The court decides based on income guidelines. You may have to repay any waived amounts later.

Can the ward still make some decisions? Absolutely. The ward keeps all rights not specifically given to the guardian. The court order should clearly state what the guardian can decide. Everything else remains with the ward.

How much does a guardian get paid? Individual guardians can receive fees, but amounts vary by county. Some counties cap fees at $50 per month per guardianship type. All fees must be court-approved before payment. Corporate guardians typically charge higher rates.

Final Thoughts

Guardianship in Wisconsin comes with serious responsibilities. The laws are designed to protect vulnerable people while respecting their rights. The process takes time and money, but it provides important legal protection.

If you’re considering guardianship, start by understanding what type you need. Gather your documents. Consider alternatives like powers of attorney first. Talk to an attorney if the situation is complex.

The court’s goal is always the same. Protect the ward while using the least restrictive option possible. Your job as guardian is to act in their best interests with care and diligence.

Now you know the basics. Stay informed, stay organized, and when in doubt, ask for help.

References

1. Wisconsin Statutes Chapter 54, Guardianships (https://docs.legis.wisconsin.gov/document/statutes/ch.54)
2. Wisconsin Statutes Section 48.9795, Guardian of the Person of a Child (https://docs.legis.wisconsin.gov/document/statutes/48.9795)
3. Wisconsin Court System, Guardianship Information (https://www.wicourts.gov/)
4. Wisconsin Department of Health Services, Guardianship of Adults (https://www.dhs.wisconsin.gov/aps/guardianship.htm)
5. Wisconsin Guardianship Support Center, Resources and Information (https://www.gwaar.org/guardianship-support-center)