Wisconsin Guardianship Circuit Court

Determination and Order on Petition for Guardianship Due to Incompetency

STATE OF WISCONSIN, CIRCUIT COURT, COUNTY

IN THE MATTER OF Amended

Determination and Order on Petition for Guardianship Due to Incompetency

Date of Birth Case No.

A petition for guardianship due to incompetency was filed and hearing held. After consideration of the reports and other documents on file, all factors required by the statutes and such additional information presented.

THE COURT FINDS:

1. JURISDICTION, VENUE, NOTICE, APPEARANCES AND EVALUATIONS

A. This court does does not have jurisdiction over the subject matter and over the person of the individual.

B. This court is is not a proper venue.

C. Notice was was was not properly served.

D. The individual is present not present because the guardian ad litem waived the individual’s attendance Other:

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:

F. Additional evaluations are not necessary.

2. CAPACITY AND NEED FOR GUARDIANSHIP

Upon presentation of clear and convincing evidence, the individual is not incompetent. advanced planning by the individual renders guardianship unnecessary. the elements of the petition are unproven. the application for appointment of a conservator by the proposed ward under §54.76, Wis. Stats., is appropriate. the individual was adjudicated incompetent in another jurisdiction and a petition for receipt and acceptance of a foreign guardianship was granted. the individual is a minor who has attained age 14 and is developmentally disabled. the individual is found to be incompetent as a result of: a developmental disability serious and persistent mental illness degenerative brain disorder other like incapacities based upon the following standards: A. The individual is at least 17 years and 9 months of age. B. The individual’s need for assistance in decision-making or communication is unable to be met effectively and less restrictively through appropriate and reasonably available training, education, support services, health care, assistive devices, or other means that the individual will accept. C. (For appointment of guardian of the person) The individual, because of impairment, is unable effectively to receive and evaluate information or to make or communicate decisions to such extent that the individual is unable to meet the essential requirements for the individual’s physical health and safety. D. (For appointment of guardian of the estate) The individual, because of an impairment, is unable effectively to receive and evaluate information or to make or communicate decisions related to management of the individual’s property or financial affairs, to the extent that at least one of the following applies: (1) The individual has property that will be dissipated in whole or in part; or (2) The individual is unable to provide for the individual’s support; or (3) The individual is unable to prevent financial exploitation.

3. GUARDIAN OF THE PERSON

The individual is in need of a guardian of the person.

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

(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.

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. Full remove Consent required

(2) apply for an operator’s/driver’s license. Full remove Consent required

(3) apply for a fishing license. Full remove Consent required

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

(5) apply for a credential under §440.01(2), Wis. Stats. Full remove Consent required

(6) consent to sterilization. Full remove Consent required

(7) consent to organ, tissue, or bone marrow donation. Full remove Consent required

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

The court transfers to the Guardian of the Person:

1A. The power to give informed consent to voluntary medical examination/medication/treatment. Full Transfer Partial Transfer

1B. The power to give informed consent to involuntary administration of medical examination/medication/treatment. Full Transfer Partial Transfer

2. Participation in accredited or certified research project. Full Transfer Partial Transfer

3. Participation in research that might not help the individual but might help others. Full Transfer Partial Transfer

4. Consent to experimental treatment. Full Transfer Partial Transfer

5. Consent to receipt of social and supported living services. Full Transfer Partial Transfer

6. Consent to release of confidential records and redisclosure. Full Transfer Partial Transfer

7. Decisions related to mobility and travel. Full Transfer Partial Transfer

8. Choose providers of medical, social, and supported living services. Full Transfer Partial Transfer

9. Educational and vocational placement and support services or employment. Full Transfer Partial Transfer

10. Initiating a petition for termination of marriage. Full Transfer Partial Transfer

11. Receive all notices on behalf of individual. Full Transfer Partial Transfer

12. Act in proceedings as advocate of the individual. Full Transfer Partial Transfer

13. Apply for protective placement or commitment. Full Transfer Partial Transfer

14. Have custody of the individual. Full Transfer Partial Transfer

15. Other: See attached

4. GUARDIAN OF THE ESTATE

It is appropriate to

A. appoint and authorize a permanent guardian of the estate

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

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

All rights are transferred to guardian.

B. authorize additional powers requiring court approval See attached

C. direct deposit of funds of $100,000 or less and waive bond

5. ALTERNATIVE TO GUARDIANSHIP OF ESTATE FOR SMALL ESTATES

Even though the individual meets the standards, it is appropriate to dispense with appointment of guardian of estate See attached

6. POWERS OF ATTORNEY

Even though the ward has executed a power of attorney, guardianship is still necessary See attached

Good cause exists to revoke or limit the power of attorney for health care because: See attached

Good cause exists to revoke or limit the durable financial power of attorney because: See attached

The appointment of the agent under the individual’s power of attorney for health care as guardian of the person is not in the best interest of the individual because: See attached

The appointment of the agent under the individual’s durable financial power of attorney as guardian of the estate is not in the best interest of the individual because: See attached

7. SUITABILITY OF GUARDIAN

Based upon the Statement of Acts by Proposed Guardian and Consent to Serve, the recommendation of guardian ad litem, and other applicable criteria, the following person or organization is competent and suitable to be appointed:

8. PETITIONER’S ATTORNEY FEES AND COSTS

It is equitable inequitable to award payment of petitioner’s reasonable attorney fees and costs from the individual’s income and assets.

9. Other:

THE COURT ORDERS:

The petition is dismissed granted as follows

1. POWERS OF ATTORNEY

A. The power of attorney for health care remains in effect is revoked is limited as follows: See attached

B. The durable financial power of attorney: remains in effect is revoked is limited as follows: See attached

2. APPOINTMENT OF GUARDIAN

A. The court appoints the person(s) nominated as guardian to serve in the capacities indicated.

B. 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 individual and that constitutes the least restrictive form of intervention.

C. Co-guardians must agree with each other when making decisions on behalf of the individual subject to guardianship. Co-guardians must agree Co-guardians may act independently Co-guardians may act independently in these limited circumstances:

D. Any guardian shall immediately notify the court in writing of any change in the address of the individual or of any guardian.

3. APPOINTMENT OF GUARDIAN OF PERSON

A. FIREARM RESTRICTION

The individual is prohibited from possessing any firearm.

(1) Any firearm owned by subject shall be seized by and firearm locations:

(2) As an alternative to seizure, designated person to store firearm(s)

(3) Individual is informed of requirements and penalties under §941.29, Wis. Stats.

(4) Court clerk shall notify the department of justice.

B. The guardian of person shall file Annual Report on the Condition of the Ward.

4. APPOINTMENT OF GUARDIAN OF ESTATE

A. BOND

The guardian of the estate will 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 the individual’s funds of $100,000 or less in an insured account... Proof of deposit shall be filed within days.

will be issued letters of guardianship without filing a bond.

Other: See attached

B. INVENTORY AND ANNUAL ACCOUNT

(1) The guardian of the estate shall file an inventory within 60 days and provide a copy to:

(2) The guardian of the estate shall file an annual account by April 15 of each year or as otherwise required:

5. ALTERNATIVE TO GUARDIANSHIP OF ESTATE

As an alternative to appointing a guardian of the estate, the individual’s funds of $50,000 or less shall be transferred as follows:

6. FEES AND COSTS OF PROCEEDING

A. Guardian is not appointed. The petitioner shall pay the compensation of the guardian ad litem and the individual’s legal counsel.

B. Guardian is appointed. Reasonable compensation shall be paid from the individual’s income or assets, if sufficient. Petitioner’s reasonable attorney fees and costs shall be paid by the petitioner. Petitioner’s reasonable attorney fees and costs shall be paid from the individual’s income or assets.

C. Other:

7. 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.

8. Other:

THIS IS A FINAL ORDER FOR PURPOSES OF APPEAL IF SIGNED BY A CIRCUIT COURT JUDGE.

BY THE COURT: