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Wisconsin Statutory Designation of Standby Guardian of Minor

State:
Wisconsin
Control #:
WI-P008
Format:
Word; 
Rich Text
Instant download

Description

This form is a designation of a standby guardian of your children in the event of the occurrence of a specific act. A parent may designate a standby guardian for
his or her child by means of a written designation signed by the parent
in the presence of 2 witnesses 18 years of age or over, neither of whom
may be the standby guardian, and by the standby guardian. If a parent
is physically unable to sign that written designation, another person
18 years of age or over who is not the standby guardian may sign the
written designation on behalf of the parent and at the direction of the
parent, in the presence of the parent and 2 witnesses 18 years of age
or over, neither of whom may be the standby guardian.
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FAQ

A standby guardianship can be accomplished by parental designation where a parent signs a document entitled Parental Designation and Consent to Beginning the Standby Guardianship (Designation Form) in the presence of two witnesses, which announces the parent's intention to appoint the standby guardian.

As guardian of the person, you are entitled to compensation for your time, upon court approval. The compensation cannot exceed five percent of the ward's gross income. Attorney fees and other costs can and should be paid out of the ward's income, upon court approval.

What's the procedure to establish guardianship of a child? You can establish guardianship of a child by filing papers in court. Initially, file a petition stating your interest in obtaining guardianship along with a filing fee. You'll also want to file a letter of consent from the child's parents.

You can write a letter naming a guardian for your children and keep it with your important papers or write in your will who you want to be the guardian of your children when you pass away. But if both parents are dead, the court will decide who the guardian is. The court will try to appoint the person you wanted.

The key difference is the child's parentage: custody describes a parent's care of a child, whereas legal guardianship is granted to someone who is not the child's biological parent. In some situations, a child may be under the guardianship of an individual while remaining in the custody of their parents to a degree.

Decide Who Will Administer Your Estate. Someone needs to wrap up your affairs after you pass away. Decide How You Want to Distribute Your Assets. Choose One or More Guardians. Write and Sign Your Will.

GUARDIAN: In the event I shall die as the sole parent of minor children, then I appoint ____________________________________ as Guardian of said minor children. If this named Guardian is unable or unwilling to serve, then I appoint ____________________________________ as alternate Guardian.

Two lines beneath the guardian's address, you should insert the subject heading of the letter. For example, type RE: Temporary Guardianship of Minor Child, Elizabeth Bennett. Draft the body of the letter. The first paragraph of the body of the letter should name your children and state that you have custody of them.

A. A guardian can be appointed by court (in case of parents death or parents have abandoned their child) after following proper procedure in court of law or by way of will (testamentary guardian) where parents want someone to act as guardian of their children after their death.

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Wisconsin Statutory Designation of Standby Guardian of Minor