Legal Question in Family Law in Wisconsin

Petition Confusion

My mother-in-law filed a guardianship for my two nephews that lost their parents this past March. Along with that same petition, my wife was acknowledged as the stand by guardian. The judge ruled in favor of the petition. Our lawyer only sent in the guardianship for my mother-in-law and it was signed by the judge. We asked the attorney about the stand by guardianship, and he said that he had forgot to send that in. The guardian enlighten assumes that my wife is in the role of stand by guardian. Since then the attorney has quit the case and we are without an attorney. My question is since the judge ordered the petition, is my wife the stand by guardian if she files the correct paperwork with a new attorney? Is attorney that quit liable for the money we have to spend on a new attorney? In the state of Wisconsin, does the stand by guardian assume the full responsibility of guardianship?

Thank-you for your time----


Asked on 9/19/03, 2:59 pm

1 Answer from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Petition Confusion

Hello,

I hate to say it, but not only is the petition confusing, but it is somewhat difficult to understand your facts. This is not due to your writing, but these cases can be a little complex. It seems likely that if you file another petition you can have your wife appointed as a guardian. Whether the attorney who quit has any liablity depends on why they quit and other circumstances. My suggestion is that you can one or two attorneys, give them some more facts and field their questions, and then you will have your answers for certain.

Best wishes, Mark J. Mahoney 920-984-4529

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Answered on 9/19/03, 4:15 pm


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