$0 Wisconsin — Turning 18 Legal Checklist

Wisconsin Guardianship Hearing: Timeline and What to Expect

Most families filing for guardianship of an adult child with disabilities want to know two things: how long will this take, and what happens at the hearing? The short answer on timing is 30 to 90 days from filing to final order in an uncontested case. The long answer involves understanding every step between.

The Timeline

3 months before the 18th birthday (Age 17 years, 9 months): Wisconsin Statute § 54.10(3)(a)1 allows you to file a guardianship petition once the proposed ward is 17 years and 9 months old. This window lets the court process run so the order can take effect on or near the 18th birthday.

Filing day: You file Form GN-3100 (Petition for Guardianship) at the Register in Probate's office in the proposed ward's county of residence. Pay the filing fee and any required county-specific GAL deposit; Waukesha County, for example, requires an initial minimum of $2,000 in family or contested guardianship matters. The court issues Form GN-3110 (Order and Notice of Hearing) and sets a hearing date.

After filing: The court appoints a Guardian ad Litem. The GAL contacts the proposed ward, interviews them, investigates the circumstances, and prepares a report and recommendation. Meanwhile, you arrange for the medical evaluation.

At least 10 days before the hearing: All service must be complete. The proposed ward must receive personal service (by a process server or deputy sheriff — you cannot serve them yourself) of the petition and hearing notice. All other interested parties (family members, agencies) receive notice by mail or personal delivery. File the Declaration of Service (GN-3120) and Certificate of Service on Individual (GN-3121).

At least 96 hours before the hearing: Three documents must be on file with the court:

  1. Form GN-3130 — The Examining Physician's or Psychologist's Report (based on an exam within the past year)
  2. Form GN-3135 — Confirmation of Completion of Guardian Training (your UW-Green Bay certificate)
  3. Form GN-3140 — Statement of Acts by Proposed Guardian and Consent to Serve

What Happens at the Hearing

Uncontested hearings (the majority of turning-18 cases):

The hearing itself is usually brief — 15 to 30 minutes. The judge or court commissioner reviews the petition, the medical report, the GAL's recommendation, and your training completion. They may ask you a few questions about the proposed ward's living situation, your plan for their care, and whether you understand the reporting obligations. If everything is in order and no one objects, the judge issues the Determination and Order (Form GN-3170) and the Letters of Guardianship (GN-3200 for person, GN-3210 for estate).

Contested hearings:

If the proposed ward objects — or if a family member challenges the petition — the dynamic changes significantly. When the proposed ward objects to the guardianship, proposed guardian, or placement, the court must appoint advocate counsel (a separate attorney to represent the ward adversarially). A family member's challenge can also make the matter contested. The proposed ward can demand a jury trial by filing a written demand at least 48 hours before the hearing. Contested cases can take several months and involve testimony from medical experts, family members, and the GAL.

After the Order

Once the court issues the guardianship order:

  • Immediately: You receive certified copies of the Letters of Guardianship. Bring these to banks, medical providers, schools, and agencies to establish your authority
  • Within 60 days: If you're guardian of the estate, file the Guardianship Inventory (Form GN-3440) listing all of the ward's assets
  • If the ward owns real property: File a Statement of Ward's Real Property (GN-3450) with the Register of Deeds in the property's county
  • Every year by April 15: File the Annual Report on the Condition of the Ward (GN-3480) and/or the Account of Guardian (GN-3500)

For the complete filing-to-appointment roadmap with every form, fee, and county-specific requirement, the Wisconsin Adult Guardianship & Alternatives Guide covers the full process.

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