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Wisconsin Dispositional Order Concerning Petition to Appoint Relative as Guardian

State:
Wisconsin
Control #:
WI-JC-1606
Format:
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PDF; 
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Description

This is a Dispositional Order Concerning Petition to Appoint Relative as Guardian, to be used by the Courts in the State of Wisconsin. This form is a formal Order granting or denying the Petition to Appoint a Relative as the Guardian for a Person Under the Age of 18.

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FAQ

EXPLANATION OF A PETITION FOR APPOINTMENT OF GUARDIAN(S) A guardianship may be needed if someone cannot take care of him/herself and/or his/her property. The person who needs assistance is the proposed ward. If guardianship is granted, that person will be the ward.

The names of the forms are usually: Petition for Appointment of Guardian (or Petition for Appointment of Guardian of Minor) Petition for Conservatorship (when dealing with an incompetent adult) Order Appointing Guardian.

When should a guardian be appointed? A child guardian will be appointed when the family court requires an independent view of what has been happening in the concerned child's life and what should happen in their life. The court will appoint a children guardian in child proceedings under the Children Act 1989.

A guardian must be an individual; you cannot appoint a company to act as your child's guardian. You can appoint more than one individual and in fact, many parents choose a married couple to be guardians for their children.

This will involve factors such as stability in the child's upbringing, the child's stated preference, the ability of the proposed guardian to provide the child with proper care, the relationship between the parents and the proposed guardian, and any information regarding the moral character of the proposed guardian.

Can this process be done more quickly? In an emergency, the court can appoint a temporary healthcare guardian for 90 days, or an emergency guardian for 15 days. Click here for a petition to be appointed a 15-day emergency guardian. You can fill out the form online, but you will still need to file it with the court.

You can appoint more than one guardian and it should be someone you trust to care for your child. If your partner has also made a Will, it is wise to both appoint the same guardians as otherwise this can lead to conflict between the two guardians on the death of the surviving parent.

Different Ways to Change Guardians The guardian can voluntarily resign if they no longer want to be the guardian. The court will have to choose a replacement guardian, and may appoint the public guardian if no one else is willing to be appointed.

Although you have the right to appoint co-guardians, two guardians may disagree or even divorce. Therefore, if you choose to appoint two guardians you should list both guardians separately, so that they each have the ability to make legal decisions on your child's behalf.

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Wisconsin Dispositional Order Concerning Petition to Appoint Relative as Guardian