Guardianship Guide (Chapter 54 Wis. Stats.)

Updated: 10/8/2013 04:17:39 PM

Packets of all required forms may be obtained at www.waukeshacounty.gov or http://www.wicourts.gov/, or the Juvenile Court office


FORMS/FEES REQUIRED AT TIME OF FILING TO INITIATE GUARDIANSHIP

  • Petition for Guardianship of Minor (signed before a Notary) State Form #GN-3290
  • Uniform Child Custody Jurisdiction and Enforcement Act Affidavit (NOTARIZED) SF #GF-150
  • $500.00 deposit for guardian ad litem fees (checks to be made payable to “Clerk of Juvenile Court”)

REQUIRED FORMS TO BE FILED PRIOR TO COURT HEARING

  • Letters of Guardianship of the Person of Minor - SF #GN-3340
  • Determination and Order on Petition for Guardianship of Minor - SF #GN-3330
  • Nomination of Guardian by A Minor (to be signed in court) - SF #GN-3320
  • Statement of Acts by Proposed Guardian and Consent to Serve as Guardian - SF #GN-3140
  • Waiver and Consent to Petition for Guardianship of Minor - SF #GN-3310
  • Report of Guardian ad Litem (Guardianship of Minor) – SF #GN-3325
  • Proof of Service or Affidavit of Service – SF #GN-3120
  • Supplement to Waiver and Consent to Minor Guardianship (Parent)
  • Supplement to Consent to Serve (Proposed Guardian)

GENERAL INFORMATION

A guardian ad litem will be appointed for the minor at the time of case filing. Petitions for guardianship must be heard within 90 days, per §54.44(1)(a). Notice must be given to all involved parties. This is to include the minor’s natural parents, anyone who may currently have custody of the minor, and the minor, if fourteen years of age or older. An “alleged” father does not need to be given notice of the hearing.

Notice must be served at least 10 days before the time set for hearing (with the exception of temporary guardianships.) Proof of service must be submitted to the court as soon as it is returned to the petitioner(s). The parties can also serve by certified mail with proof of that service (GN-3120)

A “Waiver and Consent to Petition for Guardianship of Minor” and “Supplement to Waiver and Consent to Minor Guardianship (Parent)” form must be signed by the parents of the minor and/or any party who may currently have the care and custody of the minor (provided that this is an uncontested guardianship).

A “Statement of Acts by Proposed Guardian and Consent to Serve as Guardian” and “Supplement to Consent to Serve (Proposed Guardian)” form must be signed by the proposed guardian(s) and any other proposed standby, successor or co-guardian(s).

If the parties need to file a petition for the minor child’s estate, those petitions are also filed in Juvenile Court. The same petition form may be used and will have a Juvenile and Probate case number assigned.