WI risk area
Guardianship risk in Wisconsin
How courts appoint guardians for minors when no plan is in place.
Wisconsin courts may appoint guardians for minors based on best interests, with priority for parent nominations and a child nomination at age 12 or older.
What happens to minor children immediately after a death?How does the court choose a guardian?How long can the guardianship process take?
At a glance
Key takeaways
- A parent may nominate a guardian by will or other nomination, and the court must appoint the nominee unless contrary to the child's best interests.
- A child age 12 or older may nominate a guardian; the court considers the nomination subject to best-interest review.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Courts rely on best-interest findings when appointing a guardian.
Questions to consider
Questions this risk area helps you evaluate in Wisconsin
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Wisconsin courts may appoint guardians for minors based on best interests, with priority for parent nominations and a child nomination at age 12 or older.
- A parent may nominate a guardian by will or other nomination, and the court must appoint the nominee unless contrary to the child's best interests.
- A child age 12 or older may nominate a guardian; the court considers the nomination subject to best-interest review.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Courts rely on best-interest findings when appointing a guardian.
Sources
Risk sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Wisconsin.