Types of Guardianship
There are several different types of guardianship. Guardianship may be temporary or permanent. Guardianship can be of the person and/or the estate. There is guardianship of a minor, guardianship of an incompetent without protective placement, guardianship of an incompetent with protective placement and guardianship with protective services.
Each guardianship procedure has its own set of forms. These forms can be obtained from Wisconsin Courts - Guardianship Forms.
Important Information if You Have Been Appointed a Guardian for Someone
If you have been appointed guardian of someone’s estate you will need to file an inventory of the ward’s assets within 30 days of the date you became guardian. A filing fee must accompany the inventory at the time of filing. The filing fee is the amount of the assets x 0.002 or a minimum of $20.
You cannot sell a ward’s real estate without the prior approval of the court. Forms can be accessed from Wisconsin Courts - Minor Guardianship. You must have prior approval of the court before selling property belonging to the ward with a value of more than $500. Complete the Guardianship Request to Sell Property Form. You must have prior approval of the court before spending more than $250 of the ward’s money for any single transaction. Complete the Guardianship Request to Approve Expenditure Form.
A guardian may request reasonable and just compensation or mileage reimbursement for mileage expenses incurred on behalf of the ward by completing a Petition and Order for Guardian Fees Form. Guardianship fees and expense reimbursement are approved on a case-by-case basis by the court.
Completing the Annual Account
On or after January 1 each year you will receive a form titled Annual Report on the Condition of Ward (Form GN-3490) and/or Account of Guardian or Conservator (Form GN-3500). This report / account must be filed no later than April 15 of the year in which you receive the report / account. Failure to file the report / account by April 15 may result in an order to show cause hearing before the judge at which you must appear in person.
All assets and expenses of the ward must be verified by either attaching copies of all statements (i.e., bank statements, investments, real estate value, etc.) or displaying the statements to the register in probate in person.