Full Text
TEMPORARY GUARDIANSHIP GUIDELINE Due to Incompetency 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–3110 Order and Notice of Hearing (Hearing date to be obtained from probate court at time petitions are filed with the Probate Office) GN-3230 Consent to Serve as Temporary Guardian 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 GN-3250 Order on Petition for Temporary Guardianship GN-3260 Letters of Temporary Guardianship of the Person GN-3265 Letters of Temporary Guardianship of the Estate *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. HEARING/GIVING NOTICE: A hearing must be scheduled no earlier than 48 hours after the petition is filed. The Petitioner shall serve notice of the Petition on the proposed ward before or when the petition is filed. The Petitioner shall give notice to the proposed ward before the hearing and not later than ---PAGE BREAK--- TEMPORARY GUARDIANSHIP GUIDELINE Due to Incompetency 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) three calendar days after the hearing. If notice is served after the hearing, the petitioner shall include the court’s order (if entered). Petitioner shall also provide notice to all other interested persons either in person or by mail. 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. POST HEARING: If you are appointed temporary 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. See sec. 814.66 Wis. Stats. The authority of a temporary guardian is limited to the performance of those acts stated in the order of appointment. A temporary guardian of the estate shall, upon termination, account to the court and deliver the assets to the person entitled to the individual’s estate over which the temporary guardian of the estate had control. TIMELINES: The temporary guardianship is valid for 60 days and can be renewed for an additional 60 days. The Petition to Extend must be filed with the court prior to the expiration of the first 60 days. o GN-3270 Petition to Extend Temporary Guardianship o GN-3280 Order on Petition to Extend Temporary Guardianship If the court does not receive the Petition to Extend Temporary Guardianship and Order on Petition to Extend Temporary Guardianship, the temporary guardianship will expire. The file will be closed and the temporary guardianship will expire after either the first 60 days expiration date (if not extended) or after the second 60 days expiration date. During the term of the temporary guardianship, a hearing may be held prior to the expiration date to request a permanent guardian. NOTE: Pursuant to 54.50(2), Wis. Stats., the court may impose no further temporary guardianship on the individual for at least 90 days after the expiration of the temporary guardianship and any extension. CERTIFIED COPIES: Certified copies of Letters of Temporary 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 . ---PAGE BREAK--- TEMPORARY GUARDIANSHIP GUIDELINE Due to Incompetency 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: 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.