Wisconsin Petition to Terminate Guardianship or Revise Guardianship Order (Chapter 48) is a document used in the state of Wisconsin to terminate a guardianship or to modify an existing guardianship order. The petition can be filed by a guardian, a parent, or an interested party. It must be filed in the county where the guardianship was established. The petition must include the name and address of the petitioner, the name and address of the person who is under guardianship (the ward), and the name and address of the current guardian. It must also include a statement of facts regarding why the guardianship should be terminated or revised. There are two primary types of Wisconsin Petition to Terminate Guardianship or Revise Guardianship Order (Chapter 48): 1) Petition to Terminate Guardianship: This petition is used to terminate an existing guardianship. It must include a statement of facts as to why the guardianship should be terminated. 2) Petition to Revise Guardianship Order: This petition is used to modify an existing guardianship order. It must include a statement of facts as to why the guardianship order should be changed. Both types of petitions must be signed by the petitioner and filed in the appropriate county court. The court will then hold a hearing to determine whether the guardianship should be terminated or revised.
Wisconsin Petition to Terminate Guardianship or Revise Guardianship Order (Chapter 48)
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FAQ
(5) Temporary guardianships. (a) Duration and extent of authority. The court may appoint a temporary guardian for a child for a period not to exceed 180 days, except that the court may extend this period for good cause shown for one additional 180-day period.
Chapter 48 of the Wisconsin State Statutes directs that the Department of Human Services work with children and families in which child maltreatment may have occurred. Chapter 48 is also known as the ?Children's Code?.
Does guardianship end at death in Wisconsin? If the court gives someone full guardianship of a child, it ends when the child turns 18. If the guardian passes away before the child turns 18, then guardianship would end, and a new person would become their guardian.
Stat. section 48.023. Full guardianship is in place until the child turns 18. Under the new law, a parent retains the rights and duties that are not assigned to the guardian, and the guardian acting on behalf of a child can exercise only those powers that the guardian is specifically authorized to exercise.
Types of Minor Guardianships(Wis. Guardianship transfers the decision-making authority and legal responsibility of the child to the guardian; however, parents' rights are not terminated. Parents may still make decisions regarding any rights not given to the guardian.
3) File the Petition For Termination of Guardianship, Consent to Termination of Guardianship (if applicable) and the Affidavit of Service with Probate Court, Dane County Courthouse, Room 1005, Madison, WI 53703. You may mail or drop off these forms or fax them to: 608-267-4152.
(5) Temporary guardianships. (a) Duration and extent of authority. The court may appoint a temporary guardian for a child for a period not to exceed 180 days, except that the court may extend this period for good cause shown for one additional 180-day period.
You will need to petition the court to terminate the guardianship. You will need to submit all of the proper forms and call to schedule an appointment. At the appointment, a Wisconsin Staff Attorney will need to review your paperwork and determine if it is legally sufficient.