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Written Notice of Rights Due to Incompetency

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Report of Guardian ad Litem (Guardianship Due to Incompetency)

STATE OF WISCONSIN, CIRCUIT COURT, COUNTY

IN THE MATTER OF

Amended

Report of Guardian ad Litem
(Guardianship Due to Incompetency)

Date of Birth:

Case No.:

I am the court appointed Guardian ad Litem for the above named individual and report to the court that I have completed the following duties (except as noted in the “Additional Comments” section at the end of this report) and make the following report and recommendations:

GENERAL DUTIES

1. INTERVIEWED INDIVIDUAL AND ADVISED INDIVIDUAL OF RIGHTS AND PROCEDURE.

On at , I interviewed individual and explained to the individual the contents of the petition, the applicable hearing procedure, the right to counsel, and the right to request or continue a limited guardianship.

I advised individual, both orally and in writing of that person’s right: to be present at the hearing; to counsel, including when a lawyer can be appointed; to an independent medical or psychological examination on the issue of competency (at county expense if the person is indigent); to a jury trial; and to appeal.

2. INTERVIEWED PROPOSED GUARDIAN(S)

I interviewed the proposed guardian, proposed stand-by guardian, if any, and any other person seeking appointment as guardian.

3. REVIEWED ADVANCE PLANNING

I have reviewed any power of attorney for health care under ch.155, any durable financial power of attorney under ch. 243 executed by the individual, any other advance planning for financial and health care decision making in which the individual had engaged. ch.155 ch.243

4. INTERVIEWED AGENT

I have interviewed any agent appointed by the individual under any document specified above.

5. RECEIVED NOTICE OF HEARING AND COPIES OF REPORTS

I have received proper notice of the hearing and copies of the physician’s and/or psychologist’s reports. If protective placement is being requested, I have received a copy of the comprehensive evaluation and, if applicable, the plan for home or community-based care.

6. PROVIDED NOTIFICATIONS

I have notified the petitioner or petitioner’s counsel (if any) of the information contained below. I have also notified the appointed guardian (if any) of the duty to be present at and right to participate in the hearing, to present and cross-examine witnesses, to receive a copy of any comprehensive evaluation, and to secure and present a report on an independent evaluation.

REPORT AND RECOMMENDATIONS

7. OBJECTIONS

The individual:

does not does object to a finding of incompetency.

does not does object to the proposed or present placement.

does not does object to the recommendation of the guardian ad litem.

is not is ambiguous on these matters.

8. ADVERSARY COUNSEL

Adversary counsel is not is requested by the individual.

Adversary counsel is not is recommended.

9. JURY TRIAL

A jury trial is not demanded. is demanded.

10. INDIVIDUAL’S ATTENDANCE

Regarding the individual’s attendance at the hearing:

it is my opinion the individual can attend the hearing in court.

I waive the individual’s attendance after considering the ability of the individual to understand and meaningfully participate, the effect of the individual’s attendance on his/her physical or psychological health in relation to the importance of the proceedings and the individual’s expressed desires. I certify the individual is unable to attend for these specific reasons:

the individual is unable to attend the hearing in court because of residency in a nursing home or other facility, physical inaccessibility, or a lack of transportation; and the individual, advocate counsel, other interested person, or I request that the court hold the hearing in a place where the individual can attend.

Specify location requested:

11. ADDITIONAL EVALUATIONS

Additional medical, psychological or other evaluation is not is requested. Specify evaluation requested and reason:

12. ADVANCED PLANNING

My report to the court is that the individual’s advance planning is is not adequate to preclude the need for guardianship:

13. BEST INTERESTS OF INDIVIDUAL

Based on my investigation, I recommend that the court find that the individual is substantially:

capable of caring for himself/herself.

incapable of caring for himself/herself.

capable of managing his/her property.

incapable of managing his/her property.

14. GUARDIAN OF THE PERSON

A. Rights to be removed in full. If removed, these rights may not be exercised by any person.

I recommend that the court declare the individual has incapacity to exercise the following rights:

(1) execute a will.

(2) serve on a jury.

(3) register to vote or to vote in an election.

B. Rights to be removed in full or exercised by individual only with consent of Guardian of Person.

I request that the court declare the individual has incapacity to exercise the following rights:

Ward may not exercise this right. Remove right in full.
Ward may exercise only with the consent of the Guardian of the Person.

(1) consent to marriage.

(2) apply for an operator’s/driver’s license.

(3) apply for a fishing license.

(4) apply for a license under Ch. 29, Wis. Stats., other than fishing.

(5) apply for a credential under §440.01(2), Wis. Stats.

(6) consent to sterilization.

(7) consent to organ, tissue, or bone marrow donation.

C. Powers to be transferred to Guardian of the Person in full or in part.

I recommend the court transfer to the Guardian of the Person: See attached

1. A. The power to give an informed consent to the voluntary receipt by the ward of a medical examination, medication, including any appropriate psychotropic medication, and medical treatment that is in the ward's best interest, if the guardian has first made a good-faith attempt to discuss with the ward the voluntary receipt of the examination, medication, or treatment and if the ward does not protest.

Full Transfer. Partial Transfer. The individual retains the power to:

1. B. The power to give informed consent, if in the ward's best interests, to the involuntary administration of a medical examination, medication other than psychotropic medication, and medical treatment that is in the ward's best interest.

Full Transfer. Partial Transfer. The individual retains the power to:

2. The power to authorize individual’s participation in an accredited or certified research project if the research project might help the individual, or others if minimal risk of harm.

Full Transfer. Partial Transfer. The individual retains the power to:

3. The power to authorize individual’s participation in research that might not help the individual but might help others if greater than minimal risk of harm to the individual but evidence indicates individual would have elected to participate.

Full Transfer. Partial Transfer. The individual retains the power to:

4. The power to consent to experimental treatment in the individual’s best interests.

Full Transfer. Partial Transfer. The individual retains the power to:

5. The power to give informed consent to receipt by individual of social and supported living services.

Full Transfer. Partial Transfer. The individual retains the power to:

6. The power to give informed consent to release of confidential records other than court, treatment, and patient health care records and redisclosure as appropriate.

Full Transfer. Partial Transfer. The individual retains the power to:

7. The power to make decisions related to mobility and travel.

Full Transfer. Partial Transfer. The individual retains the power to:

8. The power to choose providers of medical, social, and supported living services.

Full Transfer. Partial Transfer. The individual retains the power to:

9. The power to make decisions regarding educational and vocational placement and support services or employment.

Full Transfer. Partial Transfer. The individual retains the power to:

10. The power to make decisions regarding initiating a petition for termination of marriage.

Full Transfer. Partial Transfer. The individual retains the power to:

11. The power to receive all notices on behalf of individual.

Full Transfer. Partial Transfer. The individual retains the power to:

12. The power to act in all proceedings as an advocate of the individual, except the power to enter into a contract that binds the individual or the individual’s property or to represent the individual in any legal proceedings pertaining to the property, unless the guardian of the person is also the guardian of the estate.

Full Transfer. Partial Transfer. The individual retains the power to:

13. The power to apply for protective placement or for commitment.

Full Transfer. Partial Transfer. The individual retains the power to:

14. The power to have custody of the individual, if an adult, and the power to have care, custody, and control of the individual, if a minor.

Full Transfer. Partial Transfer. The individual retains the power to:

15. Other:

See attached

15. GUARDIAN OF THE ESTATE

I recommend the court

A. appoint a guardian of the estate to perform duties and exercise powers under §54.19, Wis. Stats. and exercise powers that do not require court approval under §54.20(3), Wis. Stats., except as retained by the individual as follows: (Choose one)

(1) The individual retains all rights, except for the following right(s), which will be transferred to the guardian:

(2) All rights will be transferred to the guardian, except for the following right(s):

(3) All rights are transferred to guardian.

B. authorize the guardian of the estate to perform the following additional powers (other than to make gifts) that require court approval under §54.20(2), Wis. Stats.: See attached

C. direct the guardian of the estate deposit the individual’s funds of $100,000 or less in an insured account of a bank, credit union, savings bank or savings and loan association in the name of the guardian and the ward, payable only upon further order of the court, and waive bond for the guardian of the estate.

16. ALTERNATIVE TO GUARDIANSHIP OF ESTATE FOR SMALL ESTATES

I recommend the court find that it is in the best interest of the individual to dispense with the appointment of a guardian of the estate and transfer the individual’s funds of $50,000 or less according to one of the alternatives for small estates under §54.12(1), Wis. Stats., as follows: See attached

17. GUARDIANSHIP, PROTECTIVE PLACEMENT, PROTECTIVE SERVICES

It is my opinion the court

should should not appoint a guardian of the person.

should should not appoint a guardian of the estate with bond of $ . without bond.

should should not approve protective placement.

should should not approve protective services.

should find the least restrictive placement consistent with the individual's needs and, if the individual has a developmental disability, the most integrated setting appropriate to the needs of the individual, is a:

group home. foster home. community based residential facility. nursing home.

intermediate care facility. Other:

in an unlocked unit.

in a locked unit because: See attached

18. SUITABILITY AND FITNESS OF PROPOSED GUARDIAN

My recommendation to the court regarding the fitness, suitability and the statement of acts of the proposed guardian, stand-by guardian, and any other person seeking to be appointed as guardian is:

NAME SUITABILITY & FITNESS COMMENTS ON STATEMENT OF ACTS TYPE OF GUARDIAN
Yes No person
estate
co-guardian
standby
Yes No person
estate
co-guardian
standby
Yes No person
estate
co-guardian
standby

19. Additional comments:

See attached

DISTRIBUTION:

1. Court

2. Petitioner

3. Petitioner’s Attorney

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What the Written Notice of Rights Due to Incompetency Is

The Written Notice of Rights Due to Incompetency is a formal legal notice provided when a court determines a person lacks capacity to manage personal or financial affairs. The notice summarizes the individual’s procedural rights, identifies the court file and case number, names any appointed guardian or conservator, and explains appeal and counsel options. It is used in guardianship, conservatorship, and probate contexts across U.S. jurisdictions and generally must be delivered to the affected person and interested parties in accordance with local court rules and statutory service requirements.

Why this Notice Matters for Due Process and Recordkeeping

Providing a clear Written Notice of Rights protects the individual’s procedural protections, documents who received notice, and creates a record for the court and third parties about the appointment and available remedies.

Why this Notice Matters for Due Process and Recordkeeping

Who Typically Prepares and Receives This Notice

Courts, clerks, guardians, and health or financial institutions commonly prepare or receive this notice to meet procedural requirements and protect rights.

  • Court clerks and probate judges — prepare, sign, and file notices following local procedural rules.
  • Appointed guardians or conservators — must deliver notice to the protected person and interested parties.
  • Hospitals, long-term care facilities, and banks — receive notice to update access, billing, and records.

The parties listed below are the primary audience for the notice; secondary recipients include family members, attorneys, and service providers.

Essential Pieces of a Professional Written Notice

A compliant notice is concise, factual, and includes identifying and procedural details so recipients understand who is affected, what rights exist, and how to respond.

Case Details

Court name, docket number, and issuing judge are listed to link the notice to the official record and permit verification by third parties.

Individual Identity

Full legal name, date of birth, and other identifiers reduce ambiguity and ensure the notice applies to the correct person.

Rights Summary

Concise explanation of rights such as contesting incompetency, requesting counsel, and procedures for review or appeal.

Appointee Information

Name and contact details of the guardian or conservator, scope of authority, and any limitations on decision-making.

Remedies & Deadlines

How to challenge the determination, applicable timeframes, and where to file motions or requests with the court.

Proof of Service

Statement of how and when the notice was served, with signature or certification block for the server.

Step-by-Step: Preparing and Serving the Notice

Follow this sequence to prepare the notice, serve it correctly, and document proof for the court file.

  • 01
    Obtain Court Order: Confirm the final incompetency or guardianship order exists.
  • 02
    Draft Notice: Populate case details, rights summary, and guardian information.
  • 03
    Serve Notice: Deliver by permitted method under local rules (personal, mail, or electronic).
  • 04
    File Proof: File a signed proof of service or affidavit with the court.

Configuring an Online Workflow for the Notice

Set up an online template and delivery workflow to ensure consistent notices, stronger audit trails, and clear proof of service.

Field Configuration
Notification Method Mail | Secure email | In-person service
Authentication Email link | SMS code | Multi-factor
Recording Audit trail with IP and timestamp
Retention Save signed PDF and service affidavit

Where to Send or File the Notice

Deliver the notice to the parties and file supporting proof with the issuing court according to local procedural rules.

  • Court Clerk: File proof of service with the court docket.
  • Protected Person: Serve personally or by authorized alternate methods.
  • Interested Parties: Send copies to family, attorneys, and fiduciaries.
  • Institution Records: Provide copy to hospitals, care facilities, or banks.

Digital Signing and Delivery Considerations

Electronic delivery may be allowed but must satisfy legal and court-specific authentication and retention standards.

  • Formats Supported: PDF or PDF/A recommended
  • Integrations: EHR, case management, or cloud storage
  • Authentication: Email, SMS, or stronger KBA

Timing and Deadlines to Watch

Timing rules vary by state and by court; confirm local procedural rules for exact deadlines and methods for filing proof of service.

Service Timing:

Deliver promptly after the court’s order; state rules dictate exact windows.

Filing Proof of Service:

Most jurisdictions require timely filing of a sworn affidavit or certificate.

Appeal Window:

Opportunity to contest may be limited by local rules; check court schedule.

Record Updates:

Update institutional records immediately on receipt of notice.

Statutory Variation:

Deadlines and methods differ by state and court; verify locally.

Key Milestones from Order to Final Filing

A typical milestone sequence helps ensure the notice is served, documented, and accepted by the court.

01

Order Issued

Court enters incompetency or guardianship order.

02

Notice Prepared

Draft and review the Written Notice for accuracy.

03

Notice Served

Serve all required recipients using permitted methods.

04

Proof Filed

File affidavit or certificate of service with the court.

Common Pitfalls to Avoid

  • Using an incorrect or incomplete legal name that prevents the court or institutions from matching the notice to the right record.
  • Serving the notice late or by an unauthorized method that results in the court rejecting proof of service.
  • Failing to include the guardian’s contact information, leaving institutions uncertain who holds authority.
  • Overlooking consent or privacy requirements when the notice contains protected health information.

Consequences of an Incorrect or Improper Notice

Missed Service: Procedural delays
Invalid Notice: Court may order re-service
Privacy Breach: HIPAA exposure risk
Improper Signature: Rejection by court or third parties
Late Filing: Sanctions or remedial orders
Incomplete Record: Difficulty enforcing decisions

Required Information Typically Included

Full Name: Person’s legal name
Date of Birth: DOB for clear identification
Court Case: Docket number and court
Order Date: Date of court order
Guardian Contact: Name and address
Service Statement: How and when served

Supporting Documents and Export Options

Attach supporting records and keep signed copies in standard, widely readable formats to preserve admissibility and reproducibility.

Supporting Documents

Attach court order, medical assessments, physician reports, and prior affidavits that support the incompetency finding; label exhibits clearly.

Download Formats

Save final signed notices as PDF or PDF/A to ensure consistent rendering and long-term readability across document management systems.

Multiple Copies

Keep an original filed copy for the court, a certified copy for institutional use, and a retained copy in the guardian’s records.

Proof of Service

Include the affidavit, return receipt, or electronic delivery log as exhibit when filing with the court.

Illustrative Scenarios for Using the Notice

Two short scenarios show common practical uses for the Written Notice of Rights and how records and service are handled.

County Probate Clerk

A clerk issues a notice after a guardianship order is entered

  • The clerk mails certified copies to named family members
  • The filed certificate of service is scanned into the docket and retained as proof for institutions that request confirmation.

Hospital Social Worker

A social worker receives a court order and prepares the notice for a patient’s record

  • A signed electronic notice is saved to the EHR
  • The hospital updates access controls and notifies billing to route communications to the guardian.

Practical Tips for Accurate, Efficient Completion

Follow these best practices to reduce delays, preserve rights, and produce court-ready documentation.

Verify Names and Identifiers
Cross-check the individual’s legal name, date of birth, and case number against the signed court order before preparing the notice to avoid mismatches that may require re-service.
Choose Approved Service Methods
Use the specific service methods authorized by the issuing court—personal service, certified mail, or any court-permitted electronic method—and document each delivery carefully.
Preserve Proof Immediately
File an affidavit or certificate of service promptly and keep a digitally signed copy with timestamps, IP addresses, and delivery receipts to strengthen the record.
Coordinate with Institutions
Provide certified copies to banks, care facilities, and other institutions and confirm what supporting documentation they require to accept the guardian’s authority.

How This Notice Differs From Related Documents

Compare the Written Notice of Rights with a Durable Power of Attorney to clarify purpose and authority differences.

Criteria Written Notice Durable Power of Attorney
Purpose inform rights delegate authority
Requires Court Order
Effective Without Court often yes
Typical Signer court or clerk principal or agent

Comparing eSignature Pricing for Notice Workflows

Platform pricing and features affect long-term cost for recurring notice workflows; signNow is shown first for comparison across common plan attributes.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Var ies Var ies Var ies Var ies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About the Written Notice

Answers to common questions about delivery methods, signatures, notarization, and recordkeeping for this notice.


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