Temporary Guardianship in Wisconsin

When Temporary Guardianship Applies

Temporary guardianship exists for one situation: your parent needs legal representation right now, and you don't have time to wait 60-90 days for the full permanent guardianship process to play out.

Common triggers include a parent who has been hospitalized with a stroke and needs someone to sign nursing home admission papers, a parent with severe dementia whose bank accounts are being drained by a predatory individual, or a hospital discharge planner giving you 48 hours to arrange post-acute care while you have no legal authority to sign anything.

Under Wis. Stat. § 54.50, the circuit court can establish a temporary guardianship on an expedited basis. But "expedited" still has limits — the hearing cannot occur sooner than 48 hours after filing unless the petitioner proves extraordinary emergency circumstances.

Filing the Petition

The temporary guardianship petition is filed as part of the same Petition for Temporary/Permanent Guardianship (Form GN-3100) used for the permanent process. You check the box indicating that temporary guardianship is being requested in addition to permanent guardianship.

You file in the circuit court of the county where your parent resides or is physically present. The filing fee is approximately $35. Along with the petition, you'll typically file:

• The Statement of Acts (Form GN-3140), describing the proposed guardian's qualifications.
• The Consent to Serve as Guardian (Form GN-3230).
• Any available medical documentation supporting the need for immediate intervention.

The 60-Day Limit

A temporary guardianship is strictly time-limited. It lasts for 60 days from the date the court issues the order. The court may grant one 60-day extension for good cause shown, making the absolute maximum duration 120 days.

During this period, you're expected to pursue the permanent guardianship process — gathering the physician's examination (Form GN-3130), completing the mandatory UW-Green Bay guardian training (Form GN-3135), and preparing for the formal hearing. The temporary guardianship is a bridge, not a destination.

If the 120-day maximum expires before the permanent guardianship hearing takes place, the temporary guardianship terminates and you're left without legal authority until the permanent order is issued.

What a Temporary Guardian Can and Cannot Do

The court's temporary guardianship order specifies the scope of authority — and it's narrower than permanent guardianship.

A temporary guardian of the estate can:

• Access bank accounts to pay for the ward's immediate care and living expenses.
• Manage day-to-day financial obligations (mortgage, utilities, insurance premiums).
• Gather financial records needed for the permanent guardianship process.

A temporary guardian of the estate cannot:

• Sell the ward's real estate without specific court approval.
• Spend more than $2,000 from the ward's accounts without explicit, prior written court approval and a court-ordered bond.
• Make gifts, change beneficiary designations, or execute major financial transactions.

A temporary guardian of the person can:

• Consent to medical treatment.
• Authorize admission to a nursing home or care facility.
• Make decisions about the ward's daily care and living arrangements.

These limitations exist to protect the ward's assets and rights during a period when the court hasn't yet fully evaluated the situation through the permanent hearing process.

The Bond Requirement

For temporary guardianship of the estate, the court may require the proposed guardian to post a court-ordered surety bond. The order controls the bond's amount and terms, and the bond protects the ward's estate if the temporary guardian mismanages funds.

Whether a bond is required depends on the court's order and the authority requested.

What Happens at the End

Three outcomes are possible when the temporary period expires:

1. The permanent guardianship is granted. The court issues permanent letters of guardianship, and the temporary order is superseded. This is the most common outcome — the temporary period provided enough time to gather all required documentation and complete the hearing.

2. The permanent guardianship is denied. If the court determines that the ward is not actually incompetent, or that guardianship is not the least restrictive option, the temporary order expires and the ward regains full authority. Less restrictive alternatives (a supported decision-making agreement or power of attorney) may be recommended.

3. The temporary guardianship expires before the hearing. If administrative delays push the permanent hearing past the 120-day maximum, there's a gap during which no one has legal authority. Avoiding this gap requires coordinating with the court clerk, the GAL, and the examining physician to keep the permanent process on track.

Costs

Temporary guardianship costs include:

• Court filing fee: ~$35.
• Guardian ad Litem fees: Vary by county.
• Surety bond: The court order controls whether one is required and its amount and terms.
• Physician evaluation: $500-$1,500 (may be needed for the temporary hearing if medical urgency is the basis for the petition).

The physician examination fee is typically paid by the petitioner and may be reimbursable from the ward's estate upon court approval.

The Wisconsin Power of Attorney & Guardianship Kit covers the temporary and permanent guardianship timelines side by side, with a court cost estimator that accounts for county-specific fee variations.

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