Guides · State guides · Wisconsin

Guardianship in Wisconsin: How Families Get a Guardian for a Parent, Step by Step

When a parent can no longer decide and nothing was signed, a Wisconsin circuit court can appoint a guardian. Here is how the process works under chapter 54 of the Wisconsin Statutes, from the petition to the yearly report.

By naveen · Updated October 13, 2026 · How we research our guides

Guardianship is the court process a family turns to when a parent can no longer make their own decisions and there's no power of attorney or advance directive in place. In Wisconsin, a circuit court appoints the guardian and supervises them for as long as the guardianship lasts. If your parent can still sign documents, a Wisconsin power of attorney for finances and a Wisconsin power of attorney for health care are the planning the court is told to look for first. Chapter 54 also covers minors under separate rules; this guide is about adults.

What is guardianship in Wisconsin?

It is a court order under chapter 54, "GUARDIANSHIPS AND CONSERVATORSHIPS" (Wis. Stat. ch. 54), that hands another person only the decisions your parent can no longer make. The statute's vocabulary:

A Wisconsin conservator is requested by your parent, and the appointment "does not constitute evidence of the competency or incompetency" of your parent. If they can no longer ask, the money side goes to a guardian of the estate. The general picture is in our guide to conservatorship and guardianship.

Protective placement, which decides where a person must live, is a separate process under chapter 55. A finding of incompetency "is not grounds for involuntary protective placement" (Wis. Stat. 54.48).

When does a parent need one, and what are the alternatives?

Only when a court finds by clear and convincing evidence that an impairment leaves your parent unable to meet their own essential needs and that no less restrictive help will work (Wis. Stat. 54.10). For a guardian of the person, your parent must be "unable to meet the essential requirements for his or her physical health and safety." For a guardian of the estate, their property must be at risk of being dissipated, or they must be unable to support themselves or "unable to prevent financial exploitation."

The court must also find that "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, a supported decision-making agreement under ch. 52, or other means that the individual will accept."

Unless your parent can't communicate decisions at all, the finding can't rest on "mere old age, eccentricity, poor judgment, physical disability, or the existence of a supported decision-making agreement." The alternatives the statute names:

• A supported decision-making agreement (Wis. Stat. ch. 52). Your parent keeps deciding, with help from a supporter who "is not a surrogate decision maker." Signing one "may not be used as evidence of incapacity or incompetency."
• Advance planning. The court must weigh any durable power of attorney, power of attorney for health care, trust or joint account, and dismiss the petition if that planning makes guardianship unnecessary. A power of attorney signed earlier stays in effect unless the court revokes or limits it "only for good cause shown," and a guardian can't make the decisions the agent holds.
• A limited guardianship. The petition asks whether you want a full or limited guardianship and, if limited, which specific powers or rights should move.

Who can be the guardian?

The court picks the person who best serves your parent's interests, and agents or nominees your parent chose come first; the sections we read don't rank relatives in a fixed order. Under Wis. Stat. 54.15, the court considers "the opinions of the proposed ward and of the members of his or her family," but your parent's best interests control. Then:

1. Agents your parent chose. The court "shall appoint as guardian of the estate an agent under a proposed ward’s durable power of attorney," and the health care agent as guardian of the person, unless that isn't in your parent's best interests.
2. A person your parent nominated in a document signed the way a will is signed. The court "shall appoint this nominee" unless that isn't in your parent's best interests. A power of attorney can also nominate a guardian "for consideration by the court" (Wis. Stat. 244.08).
3. A court-approved nonprofit corporation, only if no suitable individual is available.

At least 96 hours before the hearing, the proposed guardian files a statement on any criminal charge or conviction, bankruptcy or revoked license, among other matters (form GN-3140). The court can also name a standby guardian to take over if the first can't act (Wis. Stat. 54.52).

Training is required. Before the final hearing, a would-be guardian of the person must complete training on topics including "Alternatives to guardianship, including supported decision-making agreements and powers of attorney" and "Rights retained by a ward" (Wis. Stat. 54.26). Guardians of the estate train too; proof goes on form GN-3135.

How do you get guardianship of a parent in Wisconsin?

You file a petition in the circuit court of the county where your parent lives or is physically present, and "any person may petition" (Wis. Stat. 54.34). The steps:

1. File the petition on form GN-3100. It asks about your parent's property and income, any power of attorney and why guardianship is "still necessary" despite it, and which rights and powers should be removed or transferred. If your parent lives in a facility licensed for 16 or more beds, a protective placement petition must be filed too.
2. Get the medical report. A physician or psychologist "shall examine the proposed ward and furnish a written report" (Wis. Stat. 54.36; form GN-3130). Your parent must first be told they have "a right to refuse to participate in the examination, absent a court order."
3. The court appoints a guardian ad litem, a lawyer who advocates for your parent's best interests (Wis. Stat. 54.40). This person interviews your parent and you, explains your parent's rights orally and in writing, and reports on "whether or not the proposed ward’s advance planning is adequate to preclude the need for guardianship."
4. Serve notice. Your parent must be served personally at least 10 days before the hearing. Notice also goes to presumptive adult heirs, any agent under a power of attorney, and others the statute lists (Wis. Stat. 54.38).
5. A lawyer for your parent. If your parent asks for one, or opposes the petition, and can't obtain a lawyer, "the court shall appoint legal counsel" (Wis. Stat. 54.42). That lawyer "shall be an advocate for the expressed wishes" of your parent.
6. The hearing, within 90 days of filing (Wis. Stat. 54.44). It's closed unless your parent asks to open it. Your parent can demand a jury at least 48 hours ahead, cross-examine witnesses, and get an independent exam, at county expense if indigent.
7. The order and letters. The order (form GN-3170) lists the guardian's powers and any that need court approval. A guardian of the estate may need a bond, but "No bond may be required for the guardian of the person" (Wis. Stat. 54.46). Letters of guardianship then issue.

The court can also remove specific rights, each on clear and convincing evidence, such as consenting to marriage, making a will, getting a driver's license, and voting, if your parent can't understand "the objective of the elective process" (Wis. Stat. 54.25). Any right not removed stays with your parent.

What about an emergency?

A court can appoint a temporary guardian when your parent's "particular situation, including the needs of the proposed ward’s dependents, requires the immediate appointment of a temporary guardian of the person or estate" (Wis. Stat. 54.50). You request it on the same GN-3100 petition.

• The hearing "may be held no earlier than 48 hours after the filing of the petition unless good cause is shown," and you must show "a reasonable likelihood that the proposed ward is incompetent" through a physician's or psychologist's report or testimony.
• The appointment lasts up to 60 days, with one 60-day extension for good cause, and covers only the acts in the order.
• Without a court-approved bond, a temporary guardian can't sell real estate or spend more than $2,000 (Wis. Stat. 54.50).
• Your parent can ask for a rehearing, which must happen within 10 calendar days.

After a hospital stay, if your parent has no power of attorney for health care and is found incapacitated, state law lets a spouse, then an adult son or daughter, then other relatives in order consent to admission "directly from a hospital to a facility," if your parent doesn't actively protest (Wis. Stat. 50.06). Guardianship and protective placement petitions must be filed first, unless the admission uses a 2026 route without them.

What does a guardian have to do?

A guardian uses only the powers the court grants, in the least restrictive way, and reports to the court every year. "A ward retains all his or her rights that are not assigned to the guardian or otherwise limited by statute" (Wis. Stat. 54.18).

A guardian of the person must check on your parent through "Regular inspection, in person, of the ward’s condition, surroundings, and treatment," make "diligent efforts to identify and honor" their preferences, and file an annual report with the court and the county department (Wis. Stat. 54.25; form GN-3480). The report covers where your parent lives, their health, and "whether or not the ward is living in the least restrictive environment consistent with the needs of the ward."

A guardian of the estate must file an inventory within 60 days after appointment (Wis. Stat. 54.60) and a sworn account "prior to April 15 of each year" covering the previous year (Wis. Stat. 54.62; form GN-3500), unless the court sets an anniversary-based schedule. If your parent's assets, not counting income and certain burial funds, are $50,000 or less, no annual account is required unless the court orders one (Wis. Stat. 54.62).

Some decisions need the court:

• Gifts and estate planning. Gifts, transfers into a trust, beneficiary changes, and supporting someone your parent isn't obligated to support need "the court’s prior written approval."
• A nursing home. A guardian can consent to a group home or similar facility "licensed for fewer than 16 beds," but a nursing home admission without a protective placement order is limited to 60 days in situations the statute lists (Wis. Stat. 55.055). Longer stays need a chapter 55 order.
• Pay. "A court must approve compensation and reimbursement of expenses before payment to the guardian is made" (Wis. Stat. 54.72).

For fraud, self-dealing, abuse, neglect, isolating your parent from family, or missed reports, the court can order repayment, "Impose a forfeiture of up to $10,000 on the guardian, or deny compensation," or remove the guardian (Wis. Stat. 54.68). If someone may be exploiting your parent now, see protecting a parent from scams.

What rights does your parent keep, and how does it end?

Your parent keeps every right the court didn't specifically remove, plus rights no guardian can override (Wis. Stat. 54.25). Without the guardian's consent, your parent keeps the right "To have access to, communicate privately with, and retain legal counsel," to protest a residential placement, to "petition for court review of guardianship," and to free speech, association and religion.

A guardianship "shall continue during the life of the ward, until terminated by the court," or until it ends under the statute (Wis. Stat. 54.64). To change or end it:

• Your parent, anyone acting for them, or the guardian can petition for a review of incompetency, a new guardian, or "to have the guardianship limited and specific rights restored."
• The petition can be filed any time after 180 days from the last hearing, or sooner if the court finds exigent circumstances.
• At the hearing your parent "is present and has the right to a jury trial, if demanded," and the court appoints a lawyer if they can't get one, at county expense if indigent.
• The court can end the guardianship, modify it or restore rights. It also ends if your parent moves to another state and gets a guardian there, or dies.

How much does it cost?

The statutory fee applies to guardianship of the estate: $20 if your parent's property, less liens and charges, is worth $50,000 or less, or 0.2% of its value if more (Wis. Stat. 814.66). It's paid from your parent's assets when the inventory is filed, not when the case opens. The fee sections we read list no separate fee for a guardianship of the person petition, so ask the register in probate in your parent's county.

On November 1, 2026, 2025 Wisconsin Act 179 raises the $20 fee to $36 (2025 Wis. Act 179).

The fee tables note that a $35 per-party e-filing fee applies to probate cases, the heading the guardianship fee sits under (fee tables). If a guardian is appointed, the court "shall award from the ward’s income and assets payment of the petitioner’s reasonable attorney fees and costs" unless that would be inequitable (Wis. Stat. 54.46). If none is appointed, the petitioner pays the guardian ad litem and your parent's lawyer.

Frequently asked questions

How long does a Wisconsin guardianship last?

For life unless the court ends it sooner. Under Wis. Stat. 54.64, it continues until the court terminates it, your parent moves to another state and gets a guardian there, or your parent dies. Your parent can petition for a review 180 days after the last hearing, or sooner in exigent circumstances.

Does a guardian handle my parent's money in Wisconsin?

Only a guardian of the estate does. Wisconsin splits the roles: a guardian of the person handles care and personal decisions, while a guardian of the estate manages income and property, files an inventory within 60 days and accounts every year. The court can name one person to both roles.

Can my parent fight the guardianship?

Yes. Your parent can oppose the petition, demand a jury at least 48 hours ahead, attend, cross-examine witnesses, and get an independent exam. If your parent opposes the petition and can't get a lawyer, the court must appoint one, and that lawyer argues for what your parent says they want.

Does a power of attorney avoid guardianship in Wisconsin?

It can. The court must consider whether your parent's durable power of attorney or power of attorney for health care avoids the need for guardianship, and must dismiss the petition if it does. If a guardian is still needed, the court appoints the agent named in that document unless that isn't in your parent's best interests.

Can a guardian put my parent in a nursing home?

Not for long on a guardian's authority alone. Guardianship isn't grounds for protective placement, which needs its own court order under chapter 55. A guardian can consent to a facility licensed for fewer than 16 beds, and to a nursing home for up to 60 days in limited situations.

How much does it cost to file for guardianship in Wisconsin?

The statutory fee covers guardianship of the estate: $20 for property of $50,000 or less, otherwise 0.2% of its value, paid at the inventory (Wis. Stat. 814.66). It becomes $36 on November 1, 2026. Lawyer, guardian ad litem and e-filing costs are separate.

Getting started

Guardianship is the route that's left when nothing was signed in time. If your parent can still make decisions, a power of attorney for finances, a power of attorney for health care or a supported decision-making agreement lets them choose who helps and how. If it's already too late for that, it helps to know what an elder law attorney does before you file. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.

Build your plan

Sources

• Wisconsin Statutes chapter 54: guardianships and conservatorships.
• Wisconsin Statutes chapter 52: supported decision-making agreements.
• Wisconsin Statutes chapter 55: protective placement.
• Wisconsin Statutes chapter 50: section 50.06, admissions from a hospital.
• Wisconsin Statutes chapter 814: section 814.66, the guardianship of the estate fee.
• 2025 Wisconsin Act 179: the fee increases effective November 1, 2026.
• Wisconsin Circuit Court Fee Tables: the court system's fee summary.
• Wisconsin Court System guardianship forms: the official adult forms, including GN-3100.

More on what this tool does and doesn't do, or browse everything we've written.