Some children or adults are in need of a guardian to handle their needs and look after their legal requirements. Once appointed by the state, the guardian is responsible for handling all decisions and transactions on behalf of a minor or incompetent adult. Guardianships may be temporary or permanent. In some cases, guardianship needs to come to an end. It is helpful to understand the process for terminating guardianship in Wisconsin. A knowledgeable attorney provides guidance to make the process easier.
File for Termination of Guardianship
The courts recognize the need to terminate guardianship in some cases. There is a process in place to request the termination of guardianship. It is helpful to meet with an experienced attorney to ensure that you properly prepare for the legal termination of the guardianship process. The first step in terminating guardianship is to file a petition with the court. If you wish to request that a guardian be removed, you may submit a termination petition. If the guardian agrees to termination or wishes to terminate, they may file a resignation of guardian form.
Review of Termination Request
The court requires a meeting to review the request for termination of guardianship. An attorney appointed by the court will review the application to determine whether the legal requirements have been met. Once the attorney determines that the requirements are sufficiently met, the petition for termination of guardianship will proceed to the court. A hearing date will be scheduled, which is typically within about 30 days, depending on the court load. The petitioner must serve copies of the petition to all interested parties.
Guardian Ad Litem
The court generally appoints a guardian ad litem for the minor. The guardian ad litem is not someone who makes daily decisions on behalf of the minor. The guardian ad litem is a professional assigned to oversee the legal matters of the guardianship request. The guardian ad litem acts on behalf of the minor. The purpose of the guardian ad litem is to ensure that the decisions that are made are in the best interest of the minor. This person will attend the hearing regarding changes or termination of guardianship.
Court Guardianship Hearing
If the guardian wishes to terminate or the parties agree to the termination of guardianship, a court hearing may not be necessary. However, in cases where the termination is contested, a judge will oversee a hearing. All parties and their attorneys attend the hearing, along with the guardian ad litem. The judge will review the information put forth by all parties and listen to the request. The judge will make a decision based on what is in the best interest of the minor or the incapacitated adult.
Termination of guardianship is a legal procedure that requires preparation and documentation. You must provide adequate information to support a termination of guardianship. A skilled attorney understands the process and will assist you through the steps to ensure that the matter is resolved as expediently as possible. To learn more, contact our legal team at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online.