The process of establishing guardianship involves several steps to ensure that the individual's rights are protected and that the appointed guardian is suitable for the role. Here is a general overview of the process:
1. Eligibility to File: Any interested party, such as a family member, friend, or state agency, can file a petition for guardianship with the Wisconsin circuit court in the area where the individual resides or is found. The petitioner must demonstrate a legitimate interest in the well-being of the individual, known as the "ward," and provide evidence of the ward's legal incapacity.
2. Petition: The petitioner files a petition with the court setting forth the petitioner's and ward's information, reasons for seeking guardianship, and evidence of incapacity.
3. Notification: All relevant individuals, including family members, must be notified of the court proceedings.
4. Evaluations and Investigations: Medical and financial evaluations are conducted to provide evidence of the ward's incapacity. A guardian ad litem may be appointed to investigate the situation and report findings to the court.
5. Court Proceedings: The court will review the petition, evaluations, the guardian ad litem’s report, and any objections from interested parties. The court will then decide whether to grant guardianship and appoint a suitable guardian.
6. Ongoing Responsibilities: The appointed guardian is responsible for managing the ward's personal, medical, and financial affairs. The guardian must act in the ward's best interests and usually is required to provide regular reports to the court.
