Determination and order o petition for guardianship of minor wisconsin form
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STATE OF WISCONSIN, CIRCUIT COURT, COUNTY For Official Use
IN THE MATTER OF
Amended
Determination and Order
on Petition for
Guardianship of Minor
Date of Birth Case No.
This matter is before the court on a Petition for Guardianship of Minor and a hearing has been held. The court has
considered the testimony and other evidence presented and the guardian ad litem’s report and recommendation.
THE COURT FINDS:
1. JURISDICTION, VENUE, NOTICE AND EVALUATIONS TO COURT.
A. This court does does not have jurisdiction of the subject matter and of the person of the individual.
B. This court is is not a proper venue.
C. Notice was was not properly served.
D. The minor is:
present.
not present.
E. The proposed guardian and any proposed stand-by guardian are:
present as follows:
not present and the court permits attendance by telephone for good cause shown as follows:
not present and the court excuses the attendance as follows:
2. NEED FOR GUARDIANSHIP OF MINOR
Upon presentation of clear and convincing evidence:
the need for guardianship of minor has not been established.
the allegations of the petition are true and the minor is in need of a guardian because:
3. RIGHTS AND POWERS.
A. Appointment of guardian of the person and extent of powers.
It is appropriate to appoint a guardian of the person with the power to:
consent to medical examination and treatment, and consent to voluntary medication, including
psychotropic medication that is in the minor’s best interests, if the guardian has first made a good-
faith attempt to discuss with the minor the minor’s voluntary receipt of the psychotropic medication
and the minor does not protest.
Guardian of person’s authority: full limited
authorize minor’s participation in an accredited or certified research project if the research project
might help the minor, or others if minimal risk of harm.
Guardian of person’s authority: full limited
authorize minor’s participation in research that might not help the minor but might help others if
greater than minimal risk of harm to the minor but evidence indicates minor would have elected to
participate.
Guardian of person’s authority: full limited
consent to experimental treatment in the minor’s best interests.
GN-3330, 10/06 Determination and Order on Petition for Guardianship of Minor §54.46 and Chapter 54, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
Page 1 of 4
GN-3330 Determination and Order on Petition for Guardianship of Minor
Page 2 of 4 Case No.
Guardian of person’s authority: full limited
consent to receipt by minor of social and supported living services.
Guardian of person’s authority: full limited
consent to release of confidential records other than court, treatment, and patient health care
records and redisclosure as appropriate.
Guardian of person’s authority: full limited
power to make decisions related to mobility and travel.
Guardian of person’s authority: full limited
power to choose providers of medical, social, and supported living services.
Guardian of person’s authority: full limited
power to make decisions regarding educational and vocational placement and support services or
employment.
Guardian of person’s authority: full limited
power to make decisions regarding initiating a petition for termination of marriage.
Guardian of person’s authority: full limited
power to receive all notices on behalf of minor .
Guardian of person’s authority: full limited
power to act in all proceedings as an advocate of the minor, except the power to enter into a contract
that binds the minor or the minor’s property or to represent the minor in any legal proceedings
pertaining to the property, unless the guardian of the person is also the guardian of the estate.
Guardian of person’s authority: full limited
power to apply for protective placement or for commitment.
Guardian of person’s authority: full limited
power to have care, custody, and control of the minor.
Guardian of person’s authority: full limited
other specific power(s): See attached.
B. Appointment of guardian of the estate and extent of powers.
It is appropriate to:
Appoint a guardian of the estate with:
1. duties under §54.19;
2. standard powers under §54.20(1), and
3. powers that do not require court approval under §54.20(3)
Guardian of estate’s authority: full limited
Authorize the guardian of the estate to exercise additional powers requiring court approval under
§54.20(2), other than to make gifts, as follows:
Dispense with bond and order deposit of minor’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, and payable only upon further order of the court.
GN-3330, 10/06 Determination and Order on Petition for Guardianship of Minor §54.46 and Chapter 54, Wisconsin Statutues
This form shall not be modified. It may be supplemented with additional material.
Page 2 of 4
GN-3330 Determination and Order on Petition for Guardianship of Minor
Page 3 of 4 Case No.
Dispense with an appointment of a guardian of the estate and transfer the minor’s funds of $50,000
or less under one of the alternatives for small estates under §54.12(1), WI Statutes, as follows:
4. MINOR’S RIGHT OF NOMINATION
The minor is:
under age 14.
14 years or older and
has made a nomination of his or her guardian in writing in circuit court.
the court has dispensed with the right of nomination for the following reason:
5. SUITABILITY OF GUARDIAN.
Based upon the Statement of Acts by Proposed Guardian and Consent to Serve, the recommendation of
guardian ad litem, and the court having considered all nominations and applicable preferences and criteria,
including the opinions of the proposed ward and of the members of his or her family, and any potential conflicts
of interest resulting from the proposed guardian's employment or other potential conflicts of interest, the
following person or organization is competent and suitable to be appointed:
Type of Guardian Name & Address Phone
Guardian of the Person
Guardian of the Estate
Standby Guardian of the Person
Standby Guardian of the Estate
One or both of the parents of the minor have not been appointed as guardian because:
6. PETITIONER’S ATTORNEY FEES AND COSTS.
It is equitable inequitable
to award payment of petitioner’s reasonable attorney fees and costs from the minor’s income and assets.
THE COURT ORDERS:
The petition is:
dismissed.
granted as follows:
1. APPOINTMENT OF GUARDIAN .
The court appoints t he following:
Type of Guardian Name & Address Phone
Guardian of the Person
Guardian of the Estate
Standby Guardian of the Person
Standby Guardian of the Estate
2 . LIMITATIONS AND POWERS.
The guardian is authorized to exercise powers in part or in full consistent with the above findings in a manner that
is appropriate to the minor and that constitutes the least restrictive form of intervention.
Co-Guardians must concur with each other when making decisions on behalf of the ward unless otherwise
ordered by the court as follows:
GN-3330, 10/06 Determination and Order on Petition for Guardianship of Minor §54.46 and Chapter 54, Wisconsin Statutues
This form shall not be modified. It may be supplemented with additional material.
Page 3 of 4
GN-3330 Determination and Order on Petition for Guardianship of Minor
Page 4 of 4 Case No.
3. BOND.
The guardian of the estate:
shall be issued letters of guardianship upon filing surety bond signature bond in the amount of
$ .
is not required to file a bond provided that the guardian shall deposit of minor’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 minor, and payable only upon further order of the court. Proof of deposit shall be filed
with the court within days.
is not required to file a bond and bond is waived.
Other:
4. INVENTORY, ANNUAL ACCOUNT, ANNUAL REPORT.
Inventory and Annual Account.
The guardian of the estate shall file an inventory of the minor’s assets within 60 days .
The guardian of the estate shall file an account by April 15 of each year or as otherwise required by
the court as follows: .
The guardian of the estate is authorized to file a Modified Annual Account of Married Ward which shall
be filed by April 15 of each year or as otherwise required by the court as follows: .
Annual Report.
The guardian of person shall file Annual Report on the Condition of the Ward.
5. CHANGE OF ADDRESS.
The guardian shall immediately notify the court in writing of any change in the address of the minor or of the
guardian.
6. ALTERNATIVE TO GUARDIANSHIP OF ESTATE.
As an alternative to appointing a guardian of the estate, the minor’s funds of $50,000 or less shall be transferred
under one of the alternatives for small estates under §54.12(1), as follows:
7. FEES AND COSTS OF PROCEEDING.
A. Guardian is not appointed. The petitioner shall pay the compensation of the guardian ad litem and the
minor’s legal counsel.
B . Guardian is appointed.
1. Reasonable compensation of the guardian ad litem and minor’s counsel shall be paid from the
minor’s income or assets, if sufficient. If the minor’s income or assets are insufficient, the guardian
ad litem shall be paid by the county of venue and the minor’s counsel shall be paid at public expense
or by the county of venue.
2. Petitioner’s reasonable attorney fees and costs shall be paid:
by the petitioner.
from the minor’s income or assets.
C. Other:
8. GUARDIAN’S COMPENSATION AND REIMBURSEMENT.
The guardian’s compensation and reimbursement of expenses, if any, must be approved by the court before
payment is made.
BY THE COURT:
Circuit Court Judge/Court Commissioner
Name Printed or Typed
DateName of Attorney
Address
Telephone Number
Bar Number
GN-3330, 10/06 Determination and Order on Petition for Guardianship of Minor §54.46 and Chapter 54, Wisconsin Statutues
This form shall not be modified. It may be supplemented with additional material.
Page 4 of 4
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