Legal Question in Wills and Trusts in Wisconsin

Guardianship over a living person is different from handling the probate estate of a dead person, so I am not certain which one you are asking about. However, for court ordered guardianship over a living person and their assets, one must file a complex formal lawsuit with the court requesting this relief, and formally serve all concerned parties. The proposed ward has a right to contest all of this, including a right to a trial by jury in some cases, and must be represented in court by both a guardian ad litem attorney (overseeing her best interests), and an adversary attorney, representing her wishes. Hearings to conclude the process generally take many months. Guardianships in WI were recently further complicated by new required pleadings forms which have been adopted by the WI Supreme Court. If you need to do all of this, you would be wise to retain an experienced attorney to represent your wishes as the proposed guardian, since even after you do all of this, the court is still free to appoint someone else to be guardian, if the court deems them to be better qualified than you.

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