What is a guardianship?
A guardianship is a court-supervised arrangement in which a judge appoints a person (the guardian) to make personal, medical, and sometimes financial decisions for someone who cannot make those decisions safely on their own (the ward). In Wisconsin, no person is a legal guardian for an adult unless appointed by a court.

What is the difference between a guardian and a conservator?
A guardian makes personal and/or health care decisions for the ward. A conservator (sometimes called a “guardian of the estate”) manages the ward’s financial affairs. In Wisconsin, these roles can be combined or separated depending on what the court orders.

What is the difference between a guardian and a guardian ad litem?
A guardian makes ongoing decisions for the ward. A guardian ad litem (GAL) is an attorney appointed by the court to represent the best interests of the proposed ward during the guardianship case; the GAL does not become the ongoing decision-maker.

What are less-restrictive alternatives to guardianship?
Alternatives can include powers of attorney for health care and finance, trusts, supported decision-making, representative payees, and health care agents. Courts generally prefer less-restrictive options when they are sufficient to meet the person’s needs.

Guardianship of Minors
When is guardianship of a minor needed?
Guardianship of a minor may be needed when a child’s parents are unable to care for the child due to illness, death, incapacity, incarceration, or other circumstances. It gives the guardian legal authority to make major decisions and provide day-to-day care.

Who can ask the court to appoint a guardian for a minor?
A parent, the child (if over 12 in some cases), a relative, or another interested person can file a petition for guardianship of a minor. The court will consider the child’s best interests.

What forms are typically used for minor guardianship?
Common forms include a Petition for Appointment of Guardian, a Statement by Proposed Guardian, a Nomination of Guardian by Parent or Child, notices of hearing, and sometimes a Uniform Child Custody Jurisdiction and Enforcement Affidavit. Some counties have additional local forms.

What does the court consider in a minor guardianship?
The court looks at the child’s best interests, including the child’s safety, stability, relationship with the proposed guardian, and the parents’ ability to care for the child. The court may appoint a guardian ad litem or attorney to represent the child.

What are the duties of a guardian of a minor?
Duties include providing a safe home, making education and medical decisions, seeing that the child’s basic needs are met, and following court orders, including reporting requirements if the court requires them.


Guardianship of Adults
When is adult guardianship appropriate?
Adult guardianship may be appropriate when an adult is “incapacitated,” meaning they cannot make or communicate responsible decisions about personal care, health, or safety, and no less-restrictive alternative is sufficient. Common reasons include dementia, severe mental illness, developmental disability, or traumatic brain injury.

How does the adult guardianship process start?
The process usually begins by filing a petition in the circuit court in the county where the proposed ward lives. The petition explains why guardianship is needed, what powers are requested, and who is proposed as guardian.

What happens after the petition is filed?
The proposed ward and other interested parties must be served with notice. The court typically appoints a guardian ad litem and may order an evaluation. There is a hearing where evidence is presented, and the proposed ward has the right to be present, to object, and to have an attorney.

What can the court order in an adult guardianship?
The court can appoint a full or limited guardian, specifying exactly which decisions the guardian can make (for example, residence, medical care, services). The court may also appoint a conservator to manage finances if needed.

What are the duties of a guardian of an adult?
Duties include acting in the ward’s best interests, making only decisions the court has authorized, encouraging the ward’s independence, arranging for appropriate care and services, keeping records, and filing required reports and accountings with the court.

Can a guardianship be changed or ended?
Yes. A guardianship can be modified, limited, or terminated if the ward’s condition improves or if a less-restrictive arrangement becomes appropriate. The ward, guardian, or another interested person can ask the court to review or end the guardianship.

Things to Consider Before Seeking Guardianship
What should I consider before filing?

• Whether less-restrictive alternatives (powers of attorney, trusts, supported decision-making) could meet the need.
• The cost and time involved in a court process, including filing fees, attorney fees, and possible guardian ad litem fees.
• The emotional impact on the proposed ward and family relationships.
• Your willingness and ability to serve as guardian and handle ongoing responsibilities and reporting.

​What are the ongoing responsibilities?
Guardians must stay involved in the ward’s life, make decisions consistent with the court order, coordinate with providers and family, keep records, and follow court rules for reports and accountings. Failure to do so can lead to court intervention or removal.

Disclaimer
The information provided on these pages is intended for general informational and educational purposes only. It is not intended to recommend or endorse any specific estate plan, investment strategy, or tax plan. Because every person’s situation is unique, you should always consult with qualified attorneys, financial advisors, and accountants to develop a plan tailored to your individual needs.