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Can a guardian of estate of minor petition for conservatorship of said minor just months before she turns 18? Wisc Juris please.

Chetek, WI |

I am the guardian of estate for a girl who is soon to turn 18 in several months. She does not have any mental limitations but I feel she is not ready to inherit the funds that she was left with. Can I petition for a conservator for her?

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Attorney answers 1

Posted

First, you should seriously consider hiring Wisconsin counsel to assist you, as it seems you have strong feelings on the scope and end of your guardianship. That aside, what does "... who is soon to turn 18 in several months" mean, exactly? If it's more than 3 months, then surely in Barron County the matter can be filed, noticed, heard and decided; so if "several months" is that or longer, the answer to the first question is practically yes. The answer to whether or not you can petition seems straight forward as well, yes, you can petition for relief for almost anything. Now whether what you desire to do can be demonstrated to the court's satisfaction to provide you the relief you seem to seek (an extension on some grounds of the guardianship), that is another matter. What judge (branch?) are you before? What is the history of the proceedings. Does the minor have and/or threaten to have counsel if you petition for an extension? I am versed in these issues, I have appeared and am familiar with Barron County and I am available to assist, if desire. Please feel free to contact me at (715) 494-0080 for free, confidential, no-obligation 15-20 minute consultation.

Asker

Posted

I'm not sure if you are right. Wisc. Stats. 54.76 say: "Any adult resident who is unwilling or believes that he or she is unable properly to manage his or her assets or income may voluntarily apply to the circuit court of the county of his or her residence for appointment of a conservator of the estate. Upon receipt of the application, the court shall fix a time and place for hearing the application and may direct to whom, including presumptive heirs, and in what manner notice of the hearing shall be given to a potential recipient of the notice, unless the potential recipient has waived receipt. The fee prescribed in s. 814.66 (1) (b) shall be paid at the time of the filing of the inventory or other documents setting forth the value of the assets and income." The pamphlet I have from CWAG says a guardian of estate cannot determine or consent to needed services of the ward. Furthermore, Wisc. Stats. 54.10(3)(a)1 say: "A court may appoint a guardian of the person or a guardian of the estate, or both, for an individual based on a finding that the individual is incompetent only if the court finds by clear and convincing evidence that all of the following are true: 1. The individual is aged at least 17 years and 9 months. " Conservatorship is a voluntary proceeding and nobody can petition on behalf of another. If one petitions on behalf of another for a conservatorship then it is no longer voluntary. https://docs.legis.wisconsin.gov/statutes/statutes/54/VI/76

Asker

Posted

Wisc. Stats. 54.01 (3) say: "'Conservator' means a person who is appointed by a court at an individual's request under s. 54.76 (2) to manage the estate of the individual." The court does not have jurisdiction over a minor for a conservatorship as conservatorships only apply to those over the age of 18. That is what I found here: http://www.avvo.com/legal-answers/can-a-guardian-of-the-estate-of-a-minor-petition-f-734650.html People can petition for guardianship of another but cannot petition for conservator of another. That is what I found here: http://www.avvo.com/legal-answers/can-i-petition-for-a-conservator-of-my-niece-or-is-851185.html

Asker

Posted

She does not have any mental limitations and I cannot prove she is incapable of handling her finances in court because she has not turned 18 yet. Wisc Stats. 54.64(4) say: (4) Termination of guardianship of the estate. A guardianship of the estate shall terminate if any of the following occurs: (a) The court adjudicates a ward who was formerly found to be incompetent to be no longer incompetent or a ward who was formerly found to be a spendthrift to be capable of handling his or her income and assets. (b) The ward changes residence from this state to another state and a guardian is appointed in the new state of residence. (c) A formerly minor ward attains age 18. (d) A minor ward whose guardianship was not ordered on the grounds of incompetency marries and the court approves the termination. (e) A ward dies, except when the estate can be settled as provided by s. 54.66 (4).

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