Last updated: 8/23/2023
Order On Petition {GN-3437}
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Description
GN-3437, 11/18 Order on Petition for Standby/Successor Guardian (With Hearing) 24724754.52, 54.54 and 54.64, Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. Page 1 of 3 STATE OF WISCONSIN, CIRCUIT COURT, COUNTY IN THE MATTER OF Name Date of Birth Amended Order on Petition for Standby Guardian Successor Guardian (W ith Hearing) Case No. A Petition for Appointment of Standby/Successor Guardian was filed and a hearing was held on [Date] . After consideration of the reports and other documents on file, all factors required by the statutes, and such additional information presented; THE COURT CONSIDERED: 1. The report of the guardian ad litem; 2. The preferences, desires, and values of the ward with regard to personal needs or property management, and 3. Other relevant evidence. THE COURT FINDS: 1. JURISDICTION, VENUE, NOTICE, APPEARANCES AND EVALUATIONS TO COURT A. This court does does not have jurisdiction over the subject matter and the individual. B. This court is is not a proper venue. C. Notice was was not properly served. D. The ward is present. not present because the guardian ad litem waived the ward Other: [Specify] E. The proposed standby successor guardian is present as follows: [Name] not present and the court permits attendance by telephone for good cause. [Specify] not present and the court excuses the attendance of [Name] . F. Additional evaluations are not necessary. 2. SUITABILITY OF GUARDIAN Based upon the Statement of Acts by Proposed Guardian and Consent to Serve; the recommendation of guardian ad litem; and American LegalNet, Inc. www.FormsWorkFlow.com GN-3437, 11/18 Order on Petition for Standby/Successor Guardian (With Hearing) 24724754.52, 54.54 and 54.64, Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. Page 2 of 3 the court having considered all nominations; and o applicable preferences and criteria, including the opinions of the ward and of the members of his or her family; and o any potential conflicts of interest resulting from the proposed guardian's employment or other potential conflicts of interest, each of the following is/are competent and suitable to be appointed: Type of Guardian Name Mailing Address [Street, City, State, Zip] Tele p hone Number Standby Guardian of the Person Standby Guardian of the Estate Successor Guardian of the Person Successor Guardian of the Estate THE COURT ORDERS: 1. The Petition is dismissed for the following reason(s): . granted. 2. The guardianship of the estate is terminated without the appointment of a successor guardian of the estate and the former guardian will be discharged after filing any required accounts and receipts. 3. The court appoints the following: Type of Guardian Name Mailing Address [Street, City, State, Zip] Telep hone Number Standby Guardian of the Person Standby Guardian of the Estate Successor Guardian of the Person Successor Guardian of the Estate 4. LIMITATIONS AND POWERS A. The powers of the standby successor guardian will be the same as previously authorized or modified for this ward. See attached Determination and Order Appointing Guardian dated . B. Co-guardians must agree with each other when making decisions on behalf of the ward. Co-guardians may act independently when making decisions on behalf of the ward. Co-guardians may act independently when making decisions on behalf of the ward only in these limited circumstances: 5. BOND The Guardian of the Estate be issued Letters of G uardianship upon filing surety bond signature bond in the amount of $ . is not required to file a bond provided the guardian deposits the funds of $100,000 or less in an insured account in the name of the guardian and the ward, and payable only upon further order of the court. Proof of deposit must be filed with the court within days. be issued Letters of Guardianship without filing a bond. Other: 6. CHANGE OF ADDRESS The guardian shall immediately notify the court in writing of any change in the address of the ward or of the guardian. 7. ALTERNATIVE TO GUARDIANSHIP OF ESTATE The guardian of the estate is authorized to transfer the ward funds of $50,000 or less under one of the alternatives for small estates under 24754.12(1), WI Stats., as follows: . The guardianship of the estate will be terminated upon the filing of a final account and receipt confirming the transfer as ordered. American LegalNet, Inc. www.FormsWorkFlow.com GN-3437, 11/18 Order on Petition for Standby/Successor Guardian (With Hearing) 24724754.52, 54.54 and 54.64, Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. Page 3 of 3 8. FEES AND COSTS OF PROCEEDING A. Guardian is not appointed. The petitioner shall pay the compensation of the guardian ad litem and the attorney. B. Guardian is appointed. (1) Reasonable compensation of the guardian ad litem and attorney shall be paid from the income or assets, if sufficient. If the income or assets are insufficient, the guardian ad litem shall be paid by the county of venue and the attorney shall be paid at public expense or by the county of venue. (2) (if any) shall be paid by the petitioner. from the income or assets. C. Other: 9. COMPENSATION AND REIMBURSEMENT payment is made. 10. Other: THIS IS A FINAL ORDER FOR THE PURPOSE OF APPEAL IF SIGNED BY A CIRCUIT COURT JUDGE. DISTRIBUTION: 1. Court 2. 3. 4. Corporation Counsel 5. Social worker/ County Dept. of Human Services 6. Spouse/Adult Children/Parent of Minor 7. Facility, if any 8. Other: American LegalNet, Inc. www.FormsWorkFlow.com
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