What is Guardianship

A guardian is one who has the care of the person or property of another. Persons who may be eligible for guardianship are developmentally disabled, incompetent, a minor, or a spendthrift. A guardian is appointed by the court to take care of the person and/or the estate of a ward.

The guardian of the person makes decisions relating to the physical placement of the ward, the medical treatment and control over the daily life of the ward.

The guardian of the estate takes possession of the ward’s property, provides an inventory to the court of that property, and provides yearly annual accounts to the court of how the ward’s assets have been maintained and spent. The guardian of the estate must protect and preserve the property of the ward while taking into account the best interests and needs of the ward.

Marathon County has outlined several policies for completing annual accountings. Annual Accountings are generally mailed to the guardian/trustee in January. It is the guardian/trustee’s responsibility to complete and file the annual accountings by April 15 of each year.

Documentation is required for page 3 of the accounting.

If you are filing a guardianship for a person who is about to turn 18, please remember to file no sooner than 3 months before their 18th birthday.

Protective Placement

We cannot provide you with legal advice. However, if you have general questions, please contact the Register in Probate Office at 715-261-1260.

Sometimes a ward must be protectively placed as they may be a danger to themselves or others. A protective placement is a placement of a ward for the primary purpose of providing care and custody. No guardian may make a permanent protective placement of his or her ward without a court order.

If a ward is protectively placed, the Court must review that placement every year. A social worker sends reports to the court, who then appoints a guardian ad litem to meet with the ward. After the court receives a written recommendation from the guardian ad litem a hearing is held to see if the present placement should continue or if a more (or less) restrictive placement should be implemented. This process is called a WATTS Review, and is mandated by the Wisconsin Statutes.

Adult Protective Services may assist in deciding if a guardianship pertains to your situation.

Forms, Checklists, and Resources

• Claim and Order for Payment of Fees for Guardianship Cases 
• Guardianship Checklist 
• Guardianship of the Estate [Juvenile] Checklist* 
• Guidelines for Filing Inventory and Annual Accountings 
• How to Complete an Annual Accounting
• Policies for Completing Annual Accounting
• Power of Attorney for Delegation of Parental Authority 
• Request to Approve Expenditure
• Standby/Successor Guardian with Hearing Checklist
• Successor Guardian without Hearing Checklist
• Supported Decision-Making
• Wisconsin Guardianship Support Center
• Written Notice of Rights - Guardianship Due to Incompetency

*Please note: Guardian of the Person for a Minor is now filed in the Juvenile Division of the Clerk of Courts

Guardianship Training 

PLEASE NOTE:  As of January 1, 2023, Wisconsin Act 97 requires guardians to complete training to ensure they understand their duties and responsibilities, the rights of the wards and the best practices for managing the relationship.  The training is being offered through the University of Wisconsin-Green Bay at no charge.  This training requirement applies to all new petitions for guardianship filed after January 1, 2023, as well as petitions to appoint a successor or standby guardian. The training only needs to be completed once.  It does not apply to corporate guardians or guardians of minor children. 

UW-Green Bay Guardianship Training website: https://www.uwgb.edu/guardianship-training/

Guardianship Fees

The Marathon County Probate office is required to charge the following fees pursuant to Sec. 814.66 of the Wisconsin Statutes.

Guardianship Definitions

Agency: Any public or private board, corporation or association which is concerned with the specific needs and problems of mentally retarded, developmentally disabled, mentally ill, alcoholic, drug dependent and aging persons.

Developmentally disabled person: Any individual having a disability attributable to mental retardation, cerebral palsy, autism or another neurological condition closely related to mental retardation or requiring treatment similar to that required to mentally retarded individuals, which has continued or can be expected to continue indefinitely, substantially impairs the individual from adequately providing for his or her own care or custody and constitutes a substantial handicap to the afflicted individual. The term does not include a person affected by senility, which is primarily caused by the process of aging or the infirmities of aging.

Guardian: One appointed by a court to have care, custody and control of the person of a minor or an incompetent or the management of the estate of a minor, an incompetent or a spendthrift.

Incompetent: A person adjudged by a court of record to be substantially incapable of managing his or her property or caring for him/herself by reason of infirmities of aging, developmental disabilities or other like incapacities. Physical disability without mental incapacity is not sufficient to establish incompetence.

Infirmities of aging: Organic brain damage caused by advanced age or other physical degeneration in connection therewith to the extent that the person so afflicted is substantially impaired in his or her ability to adequately provide for his or her own care or custody.

Interested persons: Any adult relative or friend of a person to be protected under this subchapter; or any official or representative of a public or private agency, corporation or association concerned with the welfare of the person who is to be protected.

Minor: A person who has not attained the age of 18 years.

Other like incapacities: Those conditions incurred at any age which are the result of accident, organic brain damage, mental or physical disability, continued consumption or absorption of substances, producing a condition which substantially impairs an individual from providing for the individual’s own care or custody.

Spendthrift: A person who because of the use of intoxicants or drugs or of gambling, idleness or debauchery or other wasteful course of conduct is unable to attend to business of thereby is likely to affect the health, life or property of the person or others so as to endanger the support of the person and the person’s dependents or expose the public to such support.

Ward: A subject for whom a guardian has been appointed.

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