Can I resign without court approval?

No. You may submit a resignation, but a Wisconsin court must accept it and issue an order releasing you from duties; until acceptance, duties may continue.

Who must be notified when I resign?

Typically the protected person, the court-appointed attorney or guardian ad litem, next of kin, and other interested parties listed in local court rules must receive written notice.

Is notarization required for the resignation?

Many counties expect notarized signatures or a verified affidavit; confirm with the local clerk to determine whether a notary or court verification is required.

Can I use an electronic signature for the filing?

Electronic signatures are generally valid under ESIGN (15 U.S.C. ch. 96) and UETA where adopted, but verify county court e-filing rules and court acceptance of e-signed fiduciary resignations.

What happens to the protected person's accounts?

You should provide a current accounting and instructions for transfers; the court will issue orders directing account custody and successor authority.

How long should I keep resignation records?

Retain original filings, proof of service, and accountings for at least three years after case closure; longer retention may be required for tax or health records.

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Wisconsin Resignation of Guardian or Conservator

Wisconsin Resignation of Guardian or Conservator

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Resignation of Guardian or Conservator

STATE OF WISCONSIN, CIRCUIT COURT,

IN THE MATTER OF

For Official Use

Amended

Resignation of Guardian
or Conservator

Case No.

Date of Birth

I am the:

Guardian of Person

Guardian of Estate

Conservator of the Estate

of the above named ward or conservatee.

I resign for the following reason(s):

I request that the court accept my resignation.

I understand that I will not be discharged by the court as guardian of the person until the court finds that I have completed all required duties, filed any required documents, and a successor guardian of the person is appointed, if needed, and the court issues an order of discharge.

I understand that I will not be discharged by the court as guardian of the estate or conservator of the estate until the court finds that I have completed all required duties, filed any required documents, and a successor guardian of the estate or successor conservator is appointed, if needed, and the court issues an order of discharge. I further understand that I will not be discharged by the court until my final account has been approved and a receipt from the successor guardian, successor conservator, ward, or conservatee for all assets has been filed.

Signature of Guardian or Conservator

Name Printed or Typed

Address

Date

Name of Attorney

Address

Telephone Number

Bar Number

GN-3400, 10/06 Resignation of Guardian or Conservator
§§54.54 and 54.76, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.

What the Wisconsin Resignation of Guardian or Conservator Is

The Wisconsin Resignation of Guardian or Conservator is a formal written filing used when an appointed guardian or conservator seeks to resign duties under a county probate or circuit court guardianship/conservatorship case. The document informs the court and interested parties that the fiduciary no longer wishes to serve, explains any immediate custody or estate-transfer issues, and requests court acceptance of the resignation or appointment of a successor. Courts commonly require notice to the ward or protected person, to close relatives, and to the court-appointed attorney or guardian ad litem before final action.

Why a Proper Resignation Matters in Guardianship Cases

A correct resignation protects the fiduciary from ongoing liability and enables an orderly transfer of responsibilities to a successor or the court. It documents intent, creates a record for the court, and ensures the protected person's needs continue to be met.

Who Typically Prepares or Signs This Resignation

Courts and interested persons rely on accurate filings to schedule hearings, appoint interim care, and guard against gaps in decision-making for the protected person.

Appointed guardians stepping down after relocation, incapacity, or conflict of interest.
Conservators resigning due to health, workload, or change in financial circumstances.
Attorneys filing on behalf of a client who wishes to withdraw as fiduciary.

Essential Elements of a Professional Resignation Document

A complete resignation plainly states the fiduciary's identity, the case number, the date of resignation, notice recipients, and any proposed successor or interim arrangements. Clear organization avoids processing delays and provides a reliable record for the court.

Case Identity

Court name, county, docket/case number, and full legal name of the protected person to ensure correct filing and record matching.

Fiduciary Details

Full name, address, contact information, appointment date, and the exact title (guardian, conservator, limited guardian, etc.) of the resigning fiduciary.

Resignation Statement

A concise declaration of intent to resign, effective date, and any immediate limitations on authority pending court approval.

Notice Recipients

List of persons served with notice (protected person, attorney, next of kin, interested parties) and the method of service used.

Accounting / Handover

Summary of outstanding duties, location of records, and instructions for transfer of property or medical decision documents if applicable.

Signature Block

Signature, printed name, date, and any required verification such as notarization or court verification language.

Step-by-Step: How to Complete and File the Resignation

Use this sequence to prepare the document, serve notice, and submit to the court for acceptance.

01

Prepare Form: Complete all identifying information and the resignation statement.
02

Serve Notice: Provide notice to the protected person and interested parties per court rules.
03

Attach Supporting Documents: Include current inventory, accountings, or status reports if required.
04

File with Court: Submit the signed resignation and proof of service to the clerk for judicial review.

Overview: Court Processing and Next Steps After Filing

The court reviews the resignation, confirms notice, and schedules any required hearing; the judge accepts the resignation and appoints a successor or issues interim orders.

Clerk Review: Clerk checks case number, signature, and proof of service.
Scheduling: Court may set a hearing if objections or urgent issues exist.
Judicial Order: Judge issues an order accepting resignation and directing transfer of duties.
Successor Appointment: Court appoints a successor or provides instructions for appointment and asset handover.

Digital Workflow Settings for Online Completion and Filing

Configure an online workflow to collect signatures, attach exhibits, and capture proof of service before filing with the court or clerk.

Field	Configuration
Signature Type	Electronic signature with timestamp and audit trail
Authentication	Email plus optional SMS code for signer verification
Record Attachments	Allow PDF exhibits and accountings to be uploaded and locked
Proof of Service	Generate printable service affidavits and email delivery receipts

Distribution Options and Technical Considerations

Retain delivery receipts and generate a proof-of-service document to file with the court; digital platforms can produce these automatically.

Email Delivery: Quick; preserves timestamps but verify court acceptance for electronic service.
Certified Mail: Provides statutory proof of service and is widely accepted by courts.
In-Person Service: Used when immediate notice or personal delivery proof is required.

Typical Timing and Court Deadlines to Expect

Timelines vary by county; use local court rules and the clerk's office to confirm hearing windows and filing turnarounds.

Filing Window:

File as soon as resignation is intended to be effective to reduce gaps in authority.

Notice Period:

Some courts require notice days for interested parties; check local rule for exact days.

Hearing Scheduling:

If required, hearings are typically scheduled within 14–60 days depending on caseload.

Emergency Orders:

Courts may issue interim orders within days when urgent care or funds are at risk.

Record Retention:

Keep originals and proofs of service indefinitely while case remains open.

Key Milestones from Resignation to Successor Appointment

A clear milestone sequence helps track responsibilities and court actions until a successor assumes duties.

01

Resignation Filed

Date the clerk-stamped filing establishes the start of the court's review process.

02

Notice Served

Proof of service to interested parties must be documented and filed.

03

Court Review

Judicial review confirms notice adequacy and any outstanding fiduciary responsibilities.

04

Order/Appointment

Judge issues an order accepting resignation and naming a successor or interim fiduciary.

Required Data Elements for the Resignation Form

Case Number: Unique docket ID

Court Name: County and court type

Fiduciary Name: Full legal name

Protected Person: Full legal name

Effective Date: MM/DD/YYYY

Proof of Service: Method and date

Consequences of an Incomplete or Incorrect Resignation

Continued Liability: Fiduciary duties remain

Delay in Care: Protection gaps for ward

Court Rejection: Filing may be refused

Civil Claims: Potential for malpractice suits

Financial Exposure: Unresolved accounting obligations

Sanctions: Court-ordered penalties

eSignature Pricing and Feature Snapshot for Resignation Workflows

Compare core pricing and compliance features for popular eSignature vendors that can be used to collect resignations and related filings.

	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	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently Asked Questions About Resigning as Guardian or Conservator in Wisconsin

Answers to common questions about process, notice, e-signatures, notarization, successor appointment, and recordkeeping for resignations.

Need help? Contact support

Can I resign without court approval?
No. You may submit a resignation, but a Wisconsin court must accept it and issue an order releasing you from duties; until acceptance, duties may continue.
Who must be notified when I resign?
Typically the protected person, the court-appointed attorney or guardian ad litem, next of kin, and other interested parties listed in local court rules must receive written notice.
Is notarization required for the resignation?
Many counties expect notarized signatures or a verified affidavit; confirm with the local clerk to determine whether a notary or court verification is required.
Can I use an electronic signature for the filing?
Electronic signatures are generally valid under ESIGN (15 U.S.C. ch. 96) and UETA where adopted, but verify county court e-filing rules and court acceptance of e-signed fiduciary resignations.
What happens to the protected person's accounts?
You should provide a current accounting and instructions for transfers; the court will issue orders directing account custody and successor authority.
How long should I keep resignation records?
Retain original filings, proof of service, and accountings for at least three years after case closure; longer retention may be required for tax or health records.

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