Full Text
PERMANENT GUARDIANSHIP GUIDELINE Due to Incompetency and Petition for Protective Placement/Services DOUGLAS COUNTY HOURS: PROBATE OFFICE MONDAY – FRIDAY 1313 BELKNAP STREET, ROOM 304 8:00 AM – 12 Noon SUPERIOR, WI 54880 1:00 PM – 4:30 PM PHONE: [PHONE REDACTED] or [PHONE REDACTED] 10 th District Guardianship Guideline (Rev. 2/09) NOTE: This guideline is provided only as a public service and is not meant to be legal advice. The Register in Probate office cannot give legal advice; please contact an attorney if you have legal questions. This Guideline is subject to change or amendments. ***NOTE: FORMS MUST BE COMPLETELY FILLED OUT. INCOMPLETE FORMS COULD RESULT IN THE ADJOURNMENT OF YOUR HEARING OR DENIAL OF YOUR PETITION. A guardianship action for an incompetent is used to appoint someone to make medical and/or financial decisions for the incompetent person. Although attorneys often complete guardianships, the law allows for individuals to petition the court without hiring an attorney. A protective placement action is necessary when an incompetent individual meets the standards for placement/services. Pro se petitioners are responsible for completing all the legal requirements. TO COMMENCE PROCEEDING: Complete and file the following with the Register in Probate Office: GN–3100 Petition for Guardianship due to Incompetency GN–4040 Petition for Protective Placement/Services (if seeking Protective Placement/Services) GN–3110 Order and Notice of Hearing (Hearing date to be obtained from probate court at time petitions are filed with the Probate Office) GN–3115 Waiver and Consent to Petition for Guardianship due to Incompetency GN-3120 Affidavit of Service GF -131 Order Appointing Guardian ad Litem *see below GN-3140 Statement of Acts by Proposed Guardian and Consent to Serve Order for Comprehensive Evaluation (Check with the Register in Probate office to see if this Order is required.) A comprehensive evaluation is necessary to meet the requirements of protective placement. You must make arrangements with the county Human Services Department to complete this evaluation. Their report must be filed with the Register in Probate four days prior to the court hearing. GN-3130 Examining report. A doctor, or must complete a full mental health examination of the proposed ward; the report must be filed with the Probate office at least 96 hours prior to the hearing. A copy must be sent to the Guardian ad Litem. *A GUARDIAN AD LITEM (ATTORNEY) WILL NEED TO BE APPOINTED FOR THE ALLEGED INCOMPETENT PERSON (WARD) TO REPRESENT THE BEST INTERESTS OF THE PROPOSED WARD (Form GF-131). The Petitioner is responsible for obtaining the Guardian ad Litem (GAL). The Court will sign the Order Appointing GAL once filed by the Petitioner. Depending on local practice, a list of attorneys who may act as a GAL may be available from the Register in Probate. The Petitioner is responsible for the GAL fees unless otherwise ordered by the Court (check with the Register in Probate for local county practice). The Guardian ad Litem will meet with the proposed ward and the proposed guardian and will make a recommendation to the court as to what is in the best interest of the ward. ---PAGE BREAK--- PERMANENT GUARDIANSHIP GUIDELINE Due to Incompetency and Petition for Protective Placement/Services DOUGLAS COUNTY HOURS: PROBATE OFFICE MONDAY – FRIDAY 1313 BELKNAP STREET, ROOM 304 8:00 AM – 12 Noon SUPERIOR, WI 54880 1:00 PM – 4:30 PM PHONE: [PHONE REDACTED] or [PHONE REDACTED] 10 th District Guardianship Guideline (Rev. 2/09) HEARING/GIVING NOTICE: A hearing will be scheduled by the Probate Court and an Order and Notice of Hearing (GN-3110) will be signed and copy provided to petitioner. Service requirements: The Petitioner shall serve notice of the Petition for Guardianship (and the Petition for Protective Placement) and the Order and Notice of Hearing on the proposed ward by personal service no less than 10 days prior to hearing. The petitioner shall also provide notice to all other interested persons either in person or by mail at least 10 days prior to hearing. ALL INTERESTED PARTIES MUST RECEIVE NOTICE OF THE HEARING. See Wis. Stat. 54.38(2)(a) and for interested persons. It can be found at http://www.legis.state.wi.us/rsb/Statutes.html. THE COURT HEARING: Forms to have completed and with you at time of hearing: GN-3170 Determination and Order on Petition for Guardianship due to Incompetency GN-4060 Order on Petition for Protective Placement/Services GN-3200 Letters of Guardianship of Person GN-3210 Letters of Guardianship of Estate GN-3120 Affidavit of Service Note: You must be prepared to provide all evidence required by the court before your petitions can be granted. POST HEARING: If you are appointed guardian of the estate, you will be required to complete and file an Inventory (Form GN-3440) of the ward’s assets as of the date of appointment. This form must be completed and filed with the Register in Probate within 30 days of appointment. A 0.2% filing fee (minimum of $20.00 if assets are $50,000 or less) must accompany the Inventory. Each January you will receive an annual accounting form to complete and file by the following April 15th. If you are appointed guardian of the person, you will be required to complete an annual report on the condition of the ward. CERTIFIED COPIES: of Letters of Guardianship are available from the Register in Probate Office. The certification fee is $3.00, plus $1.00 for each page copied and certified. FORMS: guardianship forms are available on the Wisconsin Court System website at www.wicourts.gov by clicking on “Forms”, “Circuit Court”, then “Guardianship”. ADDITIONAL RESOURCE: Information concerning guardianships and questions you may have with regard to acting in this capacity may be obtained at the Coalition of Wisconsin Aging Groups website: www.cwag.org/legal/guardian-support . NOTE: If the ward meets certain income criteria, Douglas County may be able to assist you with the guardianship procedure. You may contact the Douglas County Human Services Department and speak with an adult social worker to see if the County can assist.