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Fill and Sign the Petition Termination Guardianship Form

Fill and Sign the Petition Termination Guardianship Form

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STATE OF WISCONSIN, CIRCUIT COURT,       COUNTY For Official Use IN THE MATTER OF             Amended Petition for Review and Modification or Termination of Guardianship       Date of Birth Case No.       UNDER OATH, I STATE THAT: 1. I am: the ward who is 18 years of age or older. a person acting on the ward’s behalf:       . the ward’s guardian of person. guardian of estate. 2. This is a petition: for review of incompetency and termination of guardianship. to have the guardian discharged and a new guardian appointed. to have the guardianship limited and specific rights restored. to terminate guardianship of person . to terminate guardianship of estate . to dispense with depleted guardianship of estate . PETITION FOR REVIEW OF INCOMPETENCY AND TERMINATION OF GUARDIANSHIP (Complete #3 through #7 and #14) : 3. This is a petition for review of incompetency and termination of guardianship. 4. This petition is filed more than 180 days after any previous hearing on the petition for guardianship or petition for receipt and acceptance of a foreign guardianship, or there are exigent circumstances, including presentation of new evidence, that require a review at any time : (specify circumstances)       5. At a hearing held on (date)       , the ward was determined to be incompetent and in need of a guardian: in Wisconsin: (county)       out-of-state: (state where determined:)       (certified copy of order is attached) . 6. I believe that the ward is competent and is able to effectively receive and evaluate information, make and communicate decisions to meet the essential requirements for his or her physical health and safety, without a guardian of person. related to management of his or her property or financial affairs and that the ward’s property will not be dissipated in whole or in part, the ward is able to provide for his or her support, and that he ward is able to prevent financial exploitation, without a guardian of estate. The specific factual basis for my belief is as follows:       7. A report of examination of ward by a physician or psychologist is being filed or will be filed. PETITION TO DISCHARGE GUARDIAN AND APPOINT SUCCESSOR GUARDIAN (Complete #8 through #12) 8. This petition is filed more than 180 days after any previous hearing on the petition for guardianship or petition for receipt and acceptance of a foreign guardianship, or there are exigent circumstances, including presentation of new evidence, that require a review at any time : (specify circumstances)       GN-3650, 01/07 Petition for Review and Modification or Termination of Guardianship §54.64, Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. Page 1 of 4 Petition for Review and Modification or Termination of Guardianship Page 2 of 4 Case No. 9. A guardian of person and/or guardian of estate was appointed for the ward: in Wisconsin: (Name)       out-of-state: (Name and state where appointed)       (certified copy of order must be attached). 10. The following guardian is requested to be discharged and a successor guardian appointed: guardian of person: (name)       guardian of estate: (name)       11 . The following person is nominated as successor guardian: Type of Guardian Name and Address Phone Guardian of the Person             Guardian of the Estate             Temporary Guardian of the Person             Temporary Guardian of the Estate             Standby Guardian of the Person             Standby Guardian of the Estate             12. A sworn and notarized statement of acts to qualify for appointment as guardian is being filed or will be filed. PETITION TO LIMIT AUTHORITY OF GUARDIAN AND RESTORE SPECIFIC RIGHTS (Complete #13 and #14) 13. This petition is filed more than 180 days after any previous hearing on the petition for guardianship or petition for receipt and acceptance of a foreign guardianship, or there are exigent circumstances, including presentation of new evidence, that require a review at any time : (specify circumstances)       14. This is a petition to have the guardianship limited and specific rights restored to the ward as follows: A. Rights requested to be restored: consent to marriage. execute a will. serve on a jury. apply for an operator’s license, a hunting, fishing or other license issued under ch. 29, or a credential as defined in §440.01(2), Wisconsin Statutes:       consent to sterilization. consent to organ, tissue, or bone marrow donation. register to vote or vote in an election. B . Rights requested to be restored to ward without consent of the guardian of person being required: consent to marriage. apply for an operator’s license, a hunting, fishing or other license issued under ch 29, or a credential as defined in §440.01(2), Wisconsin Statutes:       consent to sterilization. consent to organ, tissue, or bone marrow donation. C. Powers assigned to guardian of person that are requested to be restored to the ward: consent to medical examination and treatment, and consent to voluntary medication, including psychotropic medication that is in the ward’s best interests, if the guardian has first made a good-faith attempt to discuss with the ward the ward’s voluntary receipt of the psychotropic medication and the ward does not protest. authorize ward’s participation in an accredited or certified research project if the research project might help the ward; or others if minimal risk of harm. GN-3650, 01/07 Petition for Review and Modification or Termination of Guardianship §54.64, Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. Page 2 of 4 Petition for Review and Modification or Termination of Guardianship Page 3 of 4 Case No. authorize ward’s participation in research that might not help the ward but might help others if greater than minimal risk of harm to the ward but evidence indicates ward would have elected to participate. consent to experimental treatment in the ward’s best interests. consent to receipt by ward of social and supported living services. consent to release of confidential records other than court, treatment, and patient health care records and redisclosure as appropriate. make decisions related to mobility and travel. choose providers of medical, social, and supported living services. make decisions regarding educational and vocational placement and support services or employment. make decisions regarding initiating a petition for termination of marriage. receive all notices on behalf of ward. act in all proceedings as an advocate of the ward, except the power to enter into a contract that binds the ward or the ward’s property or to represent the ward in any legal proceedings pertaining to the property, unless the guardian of the person is also the guardian of the estate. apply for protective placement or for commitment. have custody of the ward, if an adult, and the power to have care, custody, and control of the ward, if a minor. other specific powers:       D. Powers assigned to guardian of estate that are requested to be restored to the ward: Power to manage ward’s: financial affairs. property. Other:       PETITION TO TERMINATE GUARDIANSHIP OF PERSON (Complete #15 and #16) 15. This is a petition to terminate guardianship of person. 16. There is a basis for terminating guardianship of the person, as follows: A. I believe that the ward formerly found to be incompetent is no longer incompetent. B. The ward found to be incompetent, has married a person who is not subject to a guardianship. C. The ward has changed residence from this state to another state and a guardian has been appointed in the new state of residence. D. The formerly minor ward, attained age 18, unless the guardianship was ordered on the grounds of incompetency. E. The minor ward whose guardianship was not ordered on the grounds of incompetency, has married. F. The ward died. GN-3650, 01/07 Petition for Review and Modification or Termination of Guardianship §54.64, Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. Page 3 of 4 Petition for Review and Modification or Termination of Guardianship Page 4 of 4 Case No. PETITION TO TERMINATE GUARDIANSHIP OF ESTATE (Complete #17 and #18) 17. This is a petition to terminate guardianship of estate. 18. There is a basis for terminating guardianship of the estate as follows: A. I believe that the ward formerly found to be incompetent is no longer incompetent. B. The ward has changed residence from this state to another state and a guardian has been appointed in the new state of residence. C.The formerly minor ward attained age 18. D.The minor ward whose guardianship was not ordered on the grounds of incompetency has married. E. The ward died and the estate was not terminated by summary settlement of small estate. PETITION TO DISPENSE WITH DEPLETED GUARDIANSHIP OF ESTATE (Complete #19 and #20) 19. This is a petition to dispense with depleted guardianship of estate. 20. There is a basis for dispensing with the guardian of the estate because the income and assets of ward do not exceed $50,000 and are reduced to a point where it is to the advantage of the ward to dispense with guardianship of estate in the following manner and for the following reasons:       I REQUEST THAT THE COURT: 1. Order a hearing on this petition. 2. Designate persons entitled to notice of hearing and the manner in which notice shall be given. 3 . Make a finding and adjudicate the ward to be competent. 4 . Discharge the specified guardian and appoint successor guardian nominated. 5. Limit the guardianship and restore specific rights. 6. Terminate guardianship of person. 7. Terminate guardianship of estate. 8. Dispense with depleted guardianship of estate. 9 . Award appropriate fees and costs. Subscribed and sworn to before me on       Notary Public/Court Official My commission expires:       Signature of Petitioner       Name Printed or Typed       Address       Name of Attorney       Address       Telephone Number       Bar Number       GN-3650, 01/07 Petition for Review and Modification or Termination of Guardianship §54.64, Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. Page 4 of 4

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