Guardianship of a Child or Adult in Wisconsin

Any person, including a child 12 or older, may petition the court that handles children's cases (juvenile court) for a guardian of the person for a child; a guardian of the estate is handled under the adult guardianship chapter. Venue is the child's county of residence or where the child is present. The court appoints a guardian ad litem, holds an initial hearing within 45 days, and must find the petition's allegations proven by clear and convincing evidence. In choosing a disposition, the court considers nominations, the parents' and child's opinions, whether the proposed guardian is fit, willing and able, and the child's best interests.

A court may appoint a guardian of the person or estate based on incompetence only on clear and convincing evidence that the person (at least 17 years 9 months old), because of an impairment, cannot effectively receive and evaluate information or make or communicate decisions well enough to meet essential health and safety needs (or manage property), and that their needs cannot be met effectively and less restrictively through training, support services, health care, assistive devices, a supported decision-making agreement, or other means the person will accept. Incompetence may not be based on old age, eccentricity, poor judgment, physical disability or having a supported decision-making agreement alone. The court also considers any advance planning such as durable or health care powers of attorney.