54.34 Petition for guardianship or for receipt and acceptance of a foreign guardianship. (1) Subject to ch. 53, any person may petition for the appointment of a guardian for an individual. The petition shall state all of the following, if known to the petitioner: (a) The name, date of birth, residence, and post-office address of the proposed ward and, if the proposed ward is a minor, whether the minor has been adopted. (b) The specific nature of the proposed ward’s alleged incapacity or spendthrift habits. (c) The approximate value of the proposed ward’s property and a general description of its nature. (d) Any assets of the proposed ward previously derived from or benefits of the proposed ward now due and payable from the U.S. department of veterans affairs. (e) Any other claim, income, compensation, pension, insurance or allowance to which the proposed ward may be entitled. (f) Whether the proposed ward has any guardian presently. (g) The name and post-office address of any person nominated as guardian by the petitioner. (h) The names and post-office addresses of all interested parties. (i) The name and post-office address of the person or institution, if any, that has care and custody of the proposed ward or the facility, if any, that is providing care to the proposed ward. (j) The interest of the petitioner, and, if a public official is the petitioner, the authority of the petitioner to act. (k) Whether the proposed ward is a recipient of a public benefit, including medical assistance. (L) The agent under any current, valid power of attorney for health care or durable power of attorney that the proposed ward has executed. (m) Whether the petitioner is requesting a full or limited guardianship and, if limited, the specific authority sought by the petitioner for the guardian or the specific rights of the individual that the petitioner seeks to have removed or transferred. (n) Whether the proposed ward, if married, has children who are not children of the current marriage. (p) Whether the petitioner is aware of any guardianship or conservatorship or related pending or ordered proceeding involving the proposed ward in another state or county and, if so, the details of the guardianship, conservationship, or related processings. (2) A petition for guardianship may include an application for protective placement or protective services or both under ch. 55. (2m) Whenever a petition for guardianship on the ground of incompetency is filed with respect to an individual who resides in a facility licensed for 16 or more beds, a petition for protective placement of the individual shall also be filed. (3) A petition for the receipt and acceptance by this state of a foreign guardianship of a foreign ward who resides in or intends to move to this state may include other petitions related to the foreign guardianship, such as a petition to modify the terms of the foreign guardianship. History: 1971 c. 41 s. 8; Stats. 1971 s. 880.07; 1973 c. 284; 1977 c. 394; 1979 c. 32, 110, 355; 1981 c. 317; 1987 a. 366; 1989 a. 56; 1993 a. 316, 486; 2005 a. 264; 2005 a. 387 ss. 100, 317 to 328, 330; 2007 a. 97 s. 232; 2015 a. 381; 2017 a. 187; 2019 a. 9. Failure of a petitioner for a guardianship to name persons who obviously have an interest does not cancel the jurisdiction of the court, and, when the interested per-
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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GUARDIANSHIPS AND CONSERVATORSHIPS
sons have actual knowledge of the hearing and contest it, the court could appoint a guardian. Marak v. Marak, 59 Wis. 2d 139, 207 N.W.2d 648 (1973). Sub. (1) (e) is broad enough to include a claim for support. By providing that a guardianship petition include such a potential claim, it follows that the legislature envisioned that the circuit court has the authority to adjudicate such a claim. As ch. 880 does not otherwise address support nor provide guidelines as to how to determine support, a circuit court conducting a ch. 880 proceeding may look to ch. 767 for guidance. Amy Z. v. Jon T., 2004 WI App 73, 272 Wis. 2d 662, 679 N.W.2d 903, 03-0606. NOTE: The above annotations relate to guardianships under former ch. 880, 2003 stats., prior to the revision of and renumbering of that chapter to this chapter by 2005 Wis. Act 387. Someone’s Afoot: Wisconsin’s Foreign Guardianship Transfer Law. Simatic. 95 MLR 1083 (2012).
54.36 Examination of proposed ward. (1) Whenever it is proposed to appoint a guardian on the ground that a proposed ward allegedly has incompetency or is a spendthrift, a physician or psychologist, or both, shall examine the proposed ward and furnish a written report stating the physician’s or psychologist’s professional opinion regarding the presence and likely duration of any medical or other condition causing the proposed ward to have incapacity or to be a spendthrift. The privilege under s. 905.04 does not apply to the report. The petitioner shall provide a copy of the report to the proposed ward or his or her counsel, the guardian ad litem, and the petitioner’s attorney, if any. Prior to the examination on which the report is based, the guardian ad litem, physician, or psychologist shall inform the proposed ward that statements made by the proposed ward may be used as a basis for a finding of incompetency or a finding that he or she is a spendthrift, that he or she has a right to refuse to participate in the examination, absent a court order, or speak to the physician or psychologist, and that the physician or psychologist is required to report to the court even if the proposed ward does not speak to the physician or psychologist. The issuance of such a warning to the proposed ward prior to each examination establishes a presumption that the proposed ward understands that he or she need not speak to the physician or psychologist. Nothing in this section prohibits the use of a report by a physician or psychologist that is based on an examination of the proposed ward by the physician or psychologist before filing the petition for appointment of a guardian, but the court will consider the recency of the report in determining whether the report sufficiently describes the proposed ward’s current state and in determining the weight to be given to the report. (1m) Any physician or psychologist who examines a proposed ward shall, prior to furnishing a written report stating their professional opinion regarding the presence and likely duration of any medical or other condition causing the proposed ward to have incapacity or to be a spendthrift, request and review any written statements prepared for the proposed ward pursuant to s. 50.06 (4) (b) or (c) and received by a register in probate under s. 851.72 (1m) and may request and review any declaration signed by a patient representative of the proposed ward pursuant to s. 50.06 (8) (a) 2. and received by a register in probate under s. 851.72 (1m). NOTE: Sub. (1m) is created eff. 6-1-26 by 2025 Wis. Act 115.
(2) A petitioner or guardian ad litem may petition the court for an order requiring the proposed ward to submit to an examination by a licensed physician or psychologist pursuant to s. 804.10 (1). (3) A physician or psychologist who examines a proposed ward under a court order requiring the examination may, without the informed consent of the proposed ward, obtain access to the patient health care records and treatment records of the proposed ward. History: 2005 a. 264 s. 202; 2005 a. 387 ss. 100, 459; 2007 a. 45; 2025 a. 115. The written report of a physician or psychologist under sub. (1) is hearsay and not admissible in a contested hearing without in-court testimony of the preparing expert. R.S. v. Milwaukee County, 162 Wis. 2d 197, 470 N.W.2d 260 (1991). A proposed ward’s rightful refusal to participate in a court-ordered evaluation will not obstruct a guardianship and protective placement proceeding. Due process
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requires that the examining professional, when confronted with an uncooperative individual, engage in an independent review of all records that are available. Due process prevents the examining professional from regurgitating the opinions of other physicians and psychologists, without independently confirming the facts those opinions are based upon. Walworth County v. Therese B., 2003 WI App 223, 267 Wis. 2d 310, 671 N.W.2d 377, 03-0967. NOTE: The above annotations relate to guardianships under former ch. 880, 2003 stats., prior to the revision of and renumbering of that chapter to this chapter by 2005 Wis. Act 387.