54.50 Temporary guardianships.
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/wi/chapter-54/54-50-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
54.50 Temporary guardianships.
(1)Standard. If it is demonstrated to the court that a proposed ward’s particular situation, including the needs of the proposed ward’s dependents, requires the immediate appointment of a temporary guardian of the person or estate, the court may appoint a temporary guardian under this section.
(2)Duration and extent of authority. The court may appoint a temporary guardian for a ward for a period not to exceed 60 days, except that the court may extend this period for good cause shown for one additional 60-day period. The court may impose no further temporary guardianship on the ward for at least 90 days after the expiration of the temporary guardianship and any extension. The court’s determination and order appointing the temporary guardian shall specify the authority of the temporary guardian and shall be limited to those acts that are reasonably related to the reasons for appointment that are specified in the petition for temporary guardianship. The authority of the temporary guardian is limited to the performance of those acts stated in the order of appointment. Unless the court first specifically approves and orders bond, the temporary guardian may not sell real estate or expend an amount in excess of $2,000.
(3)Procedures for appointment. All of the following procedures apply to the appointment of a temporary guardian:
(a)Any person may petition for the appointment of a temporary guardian for an individual. The petition shall contain the information required under s. 54.34
(1), shall specify reasons for the appointment of a temporary guardian and the powers requested for the temporary guardian, including the power specified in s. 51.30
(e), and shall include a petition for appointment of a guardian of the person or estate or state why such a guardianship is not sought.
(b)The court shall appoint a guardian ad litem, who shall attempt to meet with the proposed ward before the hearing or as soon as is practicable after the hearing, but not later than 7 calendar days after the hearing. The guardian ad litem shall report to the court on the advisability of the temporary guardianship at the hearing or not later than 10 calendar days after the hearing.
(c)The court shall hold a hearing on the temporary guardianship. The hearing may be held no earlier than 48 hours after the filing of the petition unless good cause is shown. At the hearing, the petitioner shall provide a report or testimony from a physician or psychologist that indicates that there is a reasonable likelihood that the proposed ward is incompetent. The guardian ad litem shall attend the hearing in person or by telephone or, instead, shall provide to the court a written report concerning the proposed ward for review at the hearing.
1. If the proposed ward has been admitted to a facility by use of the process under s. 50.06
(8), a petitioner under this subsection shall, as soon as practicable after filing the petition and before the hearing under par.
(c), request from the register in probate for the county in which the proposed ward resided prior to admission to a facility under s. 50.06
(8)a copy of any written statement filed with the register in probate under s. 50.06
(b)or
(c)and then submit to the court one of the following:
a. A copy, to be kept confidential from all parties, of any written statement filed with the relevant register in probate under s. 50.06
(b)or
(c)for in camera inspection by the court.
b. A statement to the court that the petitioner requested any written statement filed with the relevant register in probate under s. 50.06
(b)or
(c)but no such written statement was located.
2. The register in probate for the county in which the proposed ward resided prior to admission to a facility under s. 50.06
(8)shall, as set forth under s. 851.72
(1m), provide to the petitioner, upon request by the petitioner for temporary guardianship after the petition has been filed, a copy of any written statement filed with the register in probate under s. 50.06
(b)or
(c)relating to the proposed ward.
3. The court shall make an inspection in camera of any written statement submitted under subd. 1. Unless the court determines that a written statement under s. 50.06
(c)that has been submitted to the court indicates that the proposed ward’s circumstances have changed from those described in a written statement under s. 50.06
(b)and submitted to the court under subd. 1. , the written statement filed with the register in probate under s. 50.06
(b)and then submitted under subd. 1. constitutes a prima facie showing, for purposes of this section only, that the proposed ward’s particular situation requires immediate appointment of a temporary guardian of the person or estate, notwithstanding that the document may be uncorroborated hearsay. If, after in camera review, the court determines that any written statement submitted under subd. 1. need not be excluded and may be used as prima facie evidence in the proceedings under this section, the court shall order the petitioner to serve copies of any such written statement to the proposed ward, the proposed ward’s counsel, if any, the guardian ad litem for the proposed ward, and the petitioner’s attorney, if any. The written statements shall continue to be treated as confidential. A written statement that is submitted under subd. 1. shall be regarded as self authenticating and shall require no foundational or other testimony for its admissibility, but the prima facie evidence presented through a written statement under s. 50.06
(b)and submitted under subd. 1. may be rebutted by presenting information that affirmatively indicates a lack of trustworthiness in the document or information that the proposed ward’s circumstances have changed. The privilege under s. 905.04 does not apply to a written statement submitted under subd. 1.
Effective date note NOTE: Par.
(cm)is created eff. 6-1-26 by 2025 Wis. Act 115 .
(d)If the court appoints a temporary guardian and if the ward, his or her counsel, the guardian ad litem, or an interested party requests, the court shall order a rehearing on the issue of appointment of the temporary guardian within 10 calendar days after the request. If a rehearing is requested, the temporary guardian may take no action to expend the ward’s assets, pending a rehearing, without approval by the court.
(4)Cessation of powers. The duties and powers of the temporary guardian cease upon the issuing of letters of permanent guardianship, the expiration of the time period specified in sub.
(2), or if the court sooner determines that any situation of the ward that was the cause of the temporary guardianship has terminated. Upon the termination, a temporary guardian of the person shall file with the court any report that the court requires. A temporary guardian of the estate shall, upon the termination, account to the court and deliver to the person entitled the ward’s estate over which the temporary guardian of the estate has had control. Any action that has been commenced by the temporary guardian may be prosecuted to final judgment by the successor or successors in interest, if any.