A limited guardianship in Wisconsin gives a guardian only the specific decision-making powers a court finds necessary, while the person keeps every other right. For adults, the court must use the least restrictive form of intervention. For children, a limited guardianship assists parents who need help, and the court must set an expiration date.
For an adult, a court can appoint a guardian of the person, a guardian of the estate, or both. Under Wis. Stat. § 54.25, a guardian of the person has only the rights and powers a statute, rule, or court order specifically gives, and the adult keeps every other right. The court may give the guardian a power only if it finds the adult cannot exercise it, and it may authorize only the powers necessary, in the least restrictive form. That is what separates a limited guardianship in Wisconsin from a full one.
Before appointing any adult guardian, the court must find that the person’s impairment leaves them unable to evaluate information or make or communicate decisions, that this creates a serious risk of harm, and that no less restrictive alternative would meet their needs. Alternatives include powers of attorney and supported decision-making agreements. Removing rights such as voting, marrying, or making a will requires a separate court finding.
For a child, Wisconsin law allows a limited guardianship when the parents need assistance providing care, custody, and control. The petition must state the specific duties and authority requested for the guardian and the parental rights and duties to be transferred. Parents keep every right not assigned to the guardian, and the court must set an expiration date, which it can extend. The court appoints a guardian ad litem for the child.
Start by listing the decisions that actually need a guardian, such as medical consent or finances, and document why less restrictive tools will not work. For the full petition steps, read how to become a guardian for an adult or minor in Wisconsin. If you are raising a child long term, compare adoption vs guardianship in Wisconsin.
Renier Hotopp Law Offices helps families petition for a limited guardianship in Wisconsin through its Wisconsin family law attorney services. Learn more about the firm.
