On August 1, 2020, new procedures went into effect for guardianships of the person for children as a result of the passage of 2019 Wis. Act 109. The Act moved private guardianships of the person for children from chapter 54 of the Wisconsin Statutes to chapter 48 (the Children’s Code) and created a new statute, Wis. Stat. § 48.9795.
Note the jurisdictional change
Under the new law, cases that were formerly handled in probate court are now handled by the children’s court. Consequently, even experienced attorneys are in new territory and will need a resource that outlines the substantive and procedural changes for everything from filing a petition and preparing for hearings to modifying a guardianship order or handling other postdispositional matters.
Navigate the maze of changes
Written by Attorney Henry Plum, who actively participated in the multiyear process to draft the new legislation, Minor Guardianships will help you better understand of the history of minor guardianship law in Wisconsin and why there was a need for legislative changes in the first place. With this guide in hand, you’ll learn:
- The four new types of guardianships: emergency, full, limited, and temporary
- The definitions and criteria for each category
- The advantages and disadvantages of each type of guardianship
- The new streamlined procedure for responding to emergencies while protecting the due-process rights of the parents and the child
You’ll also find the answer to, “What happens after the court appoints a guardian?” The guide describes a guardian ad litem’s duties and defines the procedures for modifying or terminating a guardianship order.
Helpful practice aids for the journey
Detailed flowcharts along the way also help illustrate the various steps of the different processes. You’ll know:
- What timeline to follow
- Which documents to file
- What proof is required
2019 Wis. Act 109 is reprinted in full in an appendix, along with standard court forms that are to be used in proceedings for a guardianship of the person for a child.
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Please note: currently, this publication is not scheduled for distribution via via Books UnBound.