These are the basic steps to a guardianship proceeding in Wisconsin. The process has very strict timelines. For example, once the initial paperwork (Petition) is filed it must be served within a certain number of days. However, if you are seeking a temporary guardianship while the matter is pending, you must also wait a certain number of days before you can have the hearing. Here are the basic steps:
Guardianship Checklist
_________Obtain information at an office conference.
_________Draft initial documents: Petition to circuit court (Form GN-3100 (Petition for Temporary/Permanent Guardianship Due to Incompetency), Form GN-4040 (Petition for Protective Placement/Protective Services))
_________Order Appointing Guardian ad Litem (Form GF-131)
_________Order and Notice of Hearing (Form GN-3110)
_________Order for Comprehensive Evaluation
_________Order Appointing Physician or Psychologist (if necessary)
_________Have the petitioner sign the documents.
_________Obtain the judge’s signature on the Order and Notice of Hearing, Order Appointing Guardian ad Litem, Order Appointing Physician or Psychologist, and Order for Comprehensive Evaluation.
_________File the Order and Notice for Hearing, Order Appointing Guardian ad Litem, and Order Appointing Physician or Psychologist.
_________Draft an Affidavit of Service (Form GN-3120) for the person serving notice on the proposed ward and arrange for its completion.
_________Serve or arrange for personal service of the documents on the proposed ward at least 10 days before the hearing.
_________Serve the documents on interested persons at least 10 days before the hearing, or complete an Affidavit of Service (Form GN-3120).
_________Send copies of the initially filed documents, an explanatory cover letter, and the Examining Physician’s or Psychologist’s Report (Form GN-3130) to the doctor or psychologist performing the competency evaluation.
_________Send copies of the documents with an explanatory cover letter to the agency ordered to do the comprehensive evaluation.
_________Follow up with the guardian ad litem.
_________Arrange for transportation of the proposed ward to the hearing.
_________Send the medical evaluation and comprehensive report to the guardian ad litem (and the proposed ward, if appropriate), if these were not distributed directly.
_________Draft documents for the hearing:
_________Determination and Order (Form GN-3170 (Determination and Order on Petition for Guardianship Due to Incompetency) and Form GN-4060 (Order on Petition for Protective Placement or Protective Services))
_________Letters of Guardianship (Forms GN-3200 (Letters of Guardianship of the Person) and Form GN-3210 (Letters of Guardianship of the Estate Due to Incompetency))
_________Statement of Acts by Proposed Guardian and Consent to Serve as Guardian (Form GN-3140)
_________Bond (if required)
_________Prepare for the hearing.
_________Prepare witnesses for the Hearing
_________Prepare Documents for the Hearing
_________Attend the hearing.
_________Follow up with the guardian as requested or retained.