How to File for Guardianship in Wisconsin: Step-by-Step Process

Filing for adult guardianship in Wisconsin is a multi-step court process that takes 30 to 90 days from petition to final order. It runs through the circuit court's probate division, and the process is the same whether you're a parent filing for your turning-18 child or a family member petitioning for an elderly adult. Here's the sequence from start to finish.

Step 1: Determine the Type of Guardianship

Wisconsin offers two categories, and you can petition for one or both:

• Guardian of the person: Authority over medical decisions, living arrangements, and daily care
• Guardian of the estate: Authority over financial assets, bill-paying, contracts, and benefit management

For a young adult turning 18 with a disability, most families petition for both. But if your child's primary need is financial management and they can handle healthcare decisions with support, you might only need estate guardianship — or you might not need guardianship at all.

Under Wis. Stat. § 54.10(3)(a)4, the court must consider less-restrictive alternatives before appointing a guardian. Having documentation that you explored supported decision-making, powers of attorney, and other options strengthens your petition.

Step 2: File the Petition (Form GN-3100)

The petition goes to the Register in Probate office in the county where the proposed ward lives. You'll complete Form GN-3100 — Petition for Temporary/Permanent Guardianship Due to Incompetency. This form identifies:

• The proposed ward and their residence
• The petitioner and their relationship to the proposed ward
• The type of guardianship requested
• The reasons you believe the proposed ward needs a guardian
• Any known interested parties (other family members, agencies)

Filing window for turning-18 families: You can file once the proposed ward is 17 years and 9 months old under § 54.10(3)(a)1. This timing lets the court process play out so an order can take effect on or near the 18th birthday.

Step 3: Obtain the Medical Report (Form GN-3130)

A licensed physician or psychologist must personally examine the proposed ward and complete Form GN-3130 — the Examining Physician's or Psychologist's Report. The examination must have been conducted within one year of the filing date.

This form must be filed at least 96 hours before the hearing. It's one of the most common bottlenecks — scheduling the evaluation, getting the clinician to complete the form, and filing it on time all take coordination.

Step 4: Complete Guardian Training

Under Act 97 (effective January 2023), every proposed permanent guardian must complete the free online training program at UW-Green Bay. After completing the course, file Form GN-3135 (Confirmation of Completion) at least 96 hours before the hearing.

If two parents are co-guardians, each must register and complete the training individually.

Step 5: File the Consent to Serve (Form GN-3140)

Form GN-3140 — Statement of Acts by Proposed Guardian and Consent to Serve — discloses your background and formally states your willingness to serve. This is also due at least 96 hours before the hearing.

Step 6: Serve All Parties

The proposed ward must be personally served with the petition (GN-3100) and the Order and Notice of Hearing (GN-3110, issued by the court after filing) at least 10 days before the hearing. A process server or deputy sheriff performs this — you cannot serve the papers yourself.

All other interested parties receive notice by mail or personal delivery, also at least 10 days before the hearing. After service is complete, file the Declaration of Service (GN-3120) and Certificate of Service on Individual (GN-3121).

Step 7: The GAL Investigation

The court appoints a Guardian ad Litem (GAL) — an independent attorney who represents the proposed ward's best interests. The GAL interviews the proposed ward, reviews the evidence, and files a report (Form GN-3160) with a recommendation.

You'll typically pay a GAL deposit at or shortly after filing. The amount varies by county: $200 in Lincoln County, $500 in Columbia County, and an initial minimum deposit of $2,000 in Waukesha County for contested family or guardianship matters.

Step 8: The Hearing

At the hearing, the court considers all the evidence — the medical report, the GAL's recommendation, testimony from the petitioner and any witnesses, and any objection from the proposed ward.

If the proposed ward objects to the guardianship, the proposed guardian, or the proposed placement, the court must appoint advocate counsel — a separate attorney who represents the ward adversarially (unlike the GAL, who represents best interests). The ward also has the right to demand a jury trial, filed at least 48 hours before the hearing.

Step 9: The Court Order

If the court grants the petition, it issues a Determination and Order (Form GN-3170) specifying the guardian's exact authority. For limited guardianships, the order lists which powers the guardian holds and which rights the ward retains.

You'll receive Letters of Guardianship — GN-3200 for person, GN-3210 for estate — which serve as your certified proof of authority for institutions.

After the Appointment

Guardianship is not a one-time event. Post-appointment obligations include:

• 60-day inventory (Form GN-3440) for estate guardians, with filing fees under § 814.66
• Real property recording (Form GN-3450) if the ward owns real estate
• Annual reports — GN-3480 (person) and GN-3500 (estate) — both due April 15 each year
• Court bond if ordered by the judge

The Wisconsin Adult Guardianship & Alternatives Guide walks through this entire process with county-specific fee tables, a decision framework for choosing between guardianship types, and detailed instructions for the less-restrictive alternatives that may make a court petition unnecessary.

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