48.978(2)(h)
(h)
Dispositional factors. In determining the appropriate disposition under this
par. (j), the best interests of the child shall be the prevailing factor to be considered by the court. In making a decision about the appropriate disposition, the court shall consider all of the following:
48.978(2)(h)1.
1. Whether the person nominated as standby guardian or alternate standby guardian would be a suitable guardian of the child.
48.978(2)(h)2.
2. The willingness and ability of the person nominated as standby guardian or alternate standby guardian to serve as the child's guardian if the petitioner becomes incapacitated or debilitated or dies.
48.978(2)(i)
(i)
Appearance by petitioner. If the petitioner is medically unable to appear at a hearing under
par. (d),
(e) or
(g), the court may dispense with the petitioner's appearance, except on the motion of a party and for good cause shown.
48.978(2)(j)
(j)
Disposition. After receiving any evidence relating to the disposition, the court shall enter one of the following dispositions within 10 days after the dispositional hearing:
48.978(2)(j)1.
1. A disposition dismissing the petition if the court determines that appointment of the person nominated as standby guardian or alternate standby guardian as the child's standby guardian is not in the best interests of the child.
48.978(2)(j)2.
2. A disposition ordering that the person nominated as standby guardian or alternate standby guardian be appointed as the child's standby guardian if the court determines that such an appointment is in the best interests of the child.
48.978(2)(k)
(k)
Guardianship order. A standby guardianship order under
par. (j) 2. shall include all of the following:
48.978(2)(k)2.
2. A statement of when the standby guardianship goes into effect, which may be on receipt by the standby guardian of a determination of the petitioner's incapacity, a certificate of the petitioner's death, or a determination of the petitioner's debilitation and the petitioner's written consent under
par. (L) 3. that the standby guardianship go into effect.
48.978(2)(L)
(L)
Commencement of duty and authority of court-appointed standby guardian. 48.978(2)(L)1.1. If a standby guardianship order under
par. (j) 2. provides that the duty and authority of a standby guardian are effective on the petitioner's incapacity, the duty and authority of the standby guardian shall begin on the receipt by the standby guardian of a copy of a determination of incapacity under
sub. (4).
48.978(2)(L)2.
2. If a standby guardianship order under
par. (j) 2. provides that the duty and authority of a standby guardian are effective on the petitioner's death, the duty and authority of the standby guardian shall begin on the receipt by the standby guardian of a copy of the certificate of the petitioner's death.
48.978(2)(L)3.
3. If a standby guardianship order under
par. (j) 2. provides that the duty and authority of a standby guardian are effective on the petitioner's debilitation and consent to the standby guardianship going into effect, the duty and authority of a standby guardian shall begin on the receipt by the standby guardian of a determination of debilitation under
sub. (4) and a written consent to the beginning of that duty and authority signed by the petitioner in the presence of 2 witnesses 18 years of age or over, neither of whom may be the standby guardian, and by the standby guardian. If the petitioner is physically unable to sign that written consent, another person 18 years of age or over who is not the standby guardian may sign the written consent on behalf of the petitioner and at the direction of the petitioner, in the presence of the petitioner and 2 witnesses 18 years of age or over, neither of whom may be the standby guardian.
48.978(2)(L)4.
4. The standby guardian shall file the determination of incapacity received under
subd. 1., the certificate of death received under
subd. 2., or the determination of debilitation and written consent received under
subd. 3., whichever is applicable, with the court that entered the guardianship order within 90 days after the date on which the standby guardian receives that determination, certificate, or determination and written consent. If the standby guardian fails to file that determination, certificate, or determination and written consent with that court within those 90 days, the court may rescind the guardianship order.
48.978(2)(m)
(m)
Suspension of duty and authority of court-appointed standby guardian. 48.978(2)(m)1.1. The duty and authority of a standby guardian appointed under
par. (j) 2. shall be suspended on the receipt by the standby guardian of a copy of a determination of recovery or remission under
sub. (5).
48.978(2)(m)2.
2. The standby guardian shall file the determination of recovery or remission received under
subd. 1. with the court that entered the guardianship order within 90 days after the date on which the standby guardian receives that determination. If the standby guardian fails to file that determination with that court within those 90 days, the court may rescind the guardianship order.
48.978(2)(m)3.
3. The duty and authority of a standby guardian that are suspended under
subd. 1. shall begin again as provided in
par. (L).
48.978(2)(n)1.1. If at any time before the duty and authority of a standby guardian appointed under
par. (j) 2. begin, the court finds that the findings of the court under
par. (f) no longer apply or determines that the determination of the court under
par. (j) 2. no longer applies, the court may rescind the guardianship order.
48.978(2)(n)2.
2. A person who is appointed as a standby guardian under
par. (j) 2. may, at any time before his or her duty and authority as a standby guardian begin, renounce that appointment by executing a written renunciation, filing the renunciation with the court that issued the guardianship order and notifying the petitioner in writing of the renunciation. On compliance with this subdivision, the court shall rescind the guardianship order.
48.978(2)(n)3.
3. A person who is appointed as a standby guardian under
par. (j) 2. may, at any time after his or her duty and authority as standby guardian begin, resign that appointment be executing a written resignation, filing the resignation with the court that issued the guardianship order and notifying the petitioner, if living, in writing of that resignation. On compliance with this subdivision, the court may accept the resignation and rescind the guardianship order if the court determines that the resignation and rescission are in the best interests of the child.
48.978(2)(n)4.
4. The petitioner may revoke a standby guardianship ordered under
par. (j) 2. at any time before the duty and authority of the standby guardian begin by executing a written revocation, filing the revocation with the court that entered the guardianship order and notifying the standby guardian in writing of the revocation. On compliance with this subdivision, the court shall rescind the guardianship order.
48.978(2)(n)5.
5. The petitioner may revoke a standby guardianship ordered under
par. (j) 2. at any time after the duty and authority of the standby guardian begin by executing a written revocation, filing the written revocation with the court that entered the guardianship order and notifying the standby guardian in writing of the revocation. On compliance with this subdivision, the court may rescind the guardianship order if the court determines that rescission of the guardianship order is in the best interests of the child.
48.978(3)(a)(a)
Written designation. A parent may designate a standby guardian for his or her child by means of a written designation signed by the parent in the presence of 2 witnesses 18 years of age or over, neither of whom may be the standby guardian, and by the standby guardian. If a parent is physically unable to sign that written designation, another person 18 years of age or over who is not the standby guardian may sign the written designation on behalf of the parent and at the direction of the parent, in the presence of the parent and 2 witnesses 18 years of age or over, neither of whom may be the standby guardian.
48.978(3)(b)1.1. A written designation of a standby guardian shall identify the parent who is making the designation, the child who is the subject of the standby guardianship and the person who is designated to be the standby guardian. The written designation shall also state the duties and authority that the parent wishes the standby guardian to exercise and shall indicate that the parent intends for the duty and authority of standby guardian to begin on the parent's incapacity, death, or debilitation and consent under
par. (c) 3. to the beginning of the duty and authority of the standby guardian, or on whichever occurs first. A parent may designate an alternate standby guardian in the same written designation and in the same manner as the parent designates the standby guardian.
48.978(3)(b)2.
2. A written designation of a standby guardian complies with this subsection if the written designation substantially conforms to the following form:
Designation of standby guardian
I, .... (name and address of parent), being of sound mind, do hereby designate .... (name and address of standby guardian) as standby guardian of the person and estate of my child(ren) .... (name(s), birth date(s) and address(es) of child(ren)).
(You may, if you wish, provide that the duty and authority of the standby guardian shall extend only to the person, or only to the estate, of your child(ren), by crossing out "person and" or "and estate", whichever is inapplicable, above.)
The duty and authority of the standby guardian shall begin on one of the following events, whichever occurs first:
1. I die.
2. My doctor determines that I am mentally incapacitated, and thus unable to care for my child(ren).
3. My doctor determines that I am physically debilitated, and thus unable to care for my child(ren), and I consent in writing, before 2 witnesses, to the standby guardian's duty and authority taking effect.
If the person I designate above is unwilling or unable to act as standby guardian for my child(ren), I hereby designate .... (name and address of alternate standby guardian) as standby guardian for my child(ren).
I also understand that the duty and authority of the standby guardian designated above will end 180 days after the day on which that duty and authority begin if the standby guardian does not petition the court within those 180 days for an order appointing him or her as standby guardian.
I understand that I retain full parental rights over my child(ren) even after the beginning of the standby guardianship, that I may revoke the standby guardianship at any time before the standby guardianship begins, that I may revoke the standby guardianship at any time after the standby guardianship begins, subject to the approval of the court, and that the standby guardianship will be suspended on my recovery or remission from my incapacity or debilitation.
Signature.... Date ....
Statement of witnesses
I declare that the person whose name appears above signed this document in my presence, or was physically unable to sign the document and asked another person 18 years of age or over to sign the document, who did so in my presence, and that I believe the person whose name appears above to be of sound mind. I further declare that I am 18 years of age or over and that I am not the person designated as standby guardian or alternate standby guardian.
Witness No. 1:
(print) Name ... Date ....
Address ....
Signature ....
Witness No. 2:
(print) Name .... Date ....
Address ....
Signature ....
Statement of standby guardian
and alternate standby guardian
I .... (name and address of standby guardian), and I, .... (name and address of alternate standby guardian), understand that .... (name of parent) has designated me to be the standby guardian or alternate standby guardian of the person and estate (cross out "person and" or "and estate", if inapplicable) of his or her child(ren) if he or she dies, becomes mentally incapacitated, or becomes physically debilitated and consents, to my duty and authority taking effect. I hereby declare that I am willing and able to undertake the duty and authority of standby guardianship and I understand that within 180 days after that duty and authority begin I must petition the court for an order appointing me as standby guardian. I further understand that .... (name of parent) retains full parental rights over his or her child(ren) even after the beginning of the standby guardianship, that he or she may revoke the standby guardianship at any time before the standby guardianship begins, that he or she may revoke the standby guardianship at any time after the standby guardianship begins, subject to the approval of the court, and that the standby guardianship will be suspended on his or her recovery or remission from his or her incapacity or debilitation.
Standby guardian's signature .... Date ....
Address ....
Alternate standby guardian' signature .... Date ....
Address ....
48.978(3)(b)3.
3. A written designation of a standby guardian may also contain a consent to that designation that substantially conforms to the following form and that shall be completed if the child's other parent can be located:
Consent to designation of standby guardian
I, .... (name and address of other parent), being of sound mind, do hereby consent to the designation by .... (name of designating parent) of .... (name of standby guardian) as standby guardian, and of .... (name of alternate standby guardian) as alternate standby guardian, of the person and estate (cross out "person and" or "and estate", if inapplicable) of my child(ren) .... (name(s), birth date(s) and address(es) of child(ren)).
I also consent to the terms and conditions of the standby guardianship stated above and I understand that I retain full parental rights over my child(ren) even after the beginning of the standby guardianship and that I may revoke my consent to the standby guardianship at any time.
Signature .... Date ....
Statement of witnesses
I declare that the person whose name appears above signed this document in my presence, or was physically unable to sign the document and asked another person 18 years of age or over to sign the document, who did so in my presence, and that I believe the person whose name appears above to be of sound mind. I further declare that I am 18 years of age or over and that I am not the person designated as standby guardian or alternate standby guardian.
Witness No. 1:
(print) Name .... Date ....
Address ....
Signature ....
Witness No. 2:
(print) Name .... Date ....
Address ....
Signature ....
48.978(3)(c)
(c)
Commencement of duty and authority of designated standby guardian. 48.978(3)(c)1.1. If a written designation under
par. (a) indicates that the parent intends for the duty and authority of the standby guardian to begin on the parent's incapacity, the duty and authority of the standby guardian shall begin on the receipt by the standby guardian of a copy of a determination of incapacity under
sub. (4).
48.978(3)(c)2.
2. If a written designation under
par. (a) indicates that the parent intends for the duty and authority of the standby guardian to begin on the parent's death, the duty and authority of the standby guardian shall begin on the receipt by the standby guardian of a copy of a certificate of the parent's death.
48.978(3)(c)3.
3. If a written designation under
par. (a) indicates that the parent intends for the duty and authority of the standby guardian to begin on the parent becoming debilitated and consenting to the beginning of the standby guardianship, the duty and authority of the standby guardian shall begin on the receipt by the standby guardian of a copy of a determination of debilitation under
sub. (4) and a copy of the parent's written consent to the beginning of that duty and authority signed by the parent in the presence of 2 witnesses, neither of whom may be the standby guardian, and by the standby guardian. If the parent is physically unable to sign that written consent, another person 18 years of age or over who is not the standby guardian may sign the written consent on behalf of the parent and at the direction of the parent, in the presence of the parent and 2 witnesses, neither of whom may be the standby guardian.
48.978(3)(c)4.
4. Subject to
par. (d) 2., the standby guardian shall file a petition under
par. (e) for judicial appointment as standby guardian of the child within 180 days after the date on which the standby guardianship begins. If the standby guardian fails to file that petition within those 180 days, the standby guardian's duty and authority shall end 180 days after the date on which the standby guardianship began. If the standby guardian files the petition after the expiration of those 180 days, the duty and authority of the standby guardian shall begin again on the date on which the petition is filed.
48.978(3)(d)
(d)
Suspension of duty and authority of designated standby guardian. 48.978(3)(d)1.1. The duty and authority of a standby guardian designated under
par. (a) shall be suspended on the receipt by the standby guardian of a copy of a determination of recovery or remission under
sub. (5).
48.978(3)(d)2.
2. If the standby guardian receives a determination of recovery or remission under
subd. 1. before the standby guardian files the petition under
par. (e), the standby guardian need not file the petition under
par. (e).
48.978(3)(d)3.
3. If the standby guardian receives a determination of recovery or remission under
subd. 1. after the standby guardian files the petition under
par. (e), but before the standby guardian is judicially appointed under
par. (g), the standby guardian shall file that determination with the court with which the petition is filed by the time of the next hearing on the petition or within 7 days after the date on which the standby guardian receives that determination, whichever is sooner. On compliance with this subdivision, the court shall dismiss the petition. If the standby guardian fails to file that determination with that court within those 7 days, the court may rescind the guardianship.
48.978(3)(d)4.
4. If the standby guardian receives a determination of recovery or remission under
subd. 1. after the standby guardian is judicially appointed under
par. (g), the standby guardian shall file that determination with the court that entered the guardianship order within 90 days after the date on which the standby guardian receives that determination. If the standby guardian fails to file that determination with that court within those 90 days, the court may rescind the guardianship order.
48.978(3)(d)5.
5. The duty and authority of a standby guardian that are suspended under
subd. 1. shall begin again as provided in
par. (c).
48.978(3)(e)
(e)
Petition for judicial appointment. A petition for judicial appointment as standby guardian of a child under this subsection shall be in the same form as a petition under
sub. (2) (b) and shall set forth with specificity the information specified in
sub. (2) (b) 1. to
4. and
7. to
11. The petition shall also contain a statement that the parent has become incapacitated, has died, or has become debilitated and has consented to the beginning of the duty and authority of the standby guardian. In addition, the petition shall be accompanied by the following documentation:
48.978(3)(e)1.
1. The written designation under
par. (a) signed or consented to by each parent of the child or, if a parent cannot with reasonable diligence be located or has refused to consent to the designation, the written designation under
par. (a) signed by one parent and a statement of the efforts made to find the other parent or of the fact that the other parent has refused to consent to the designation.
48.978(3)(e)2.
2. A copy of the determination of incapacity received under
par. (c) 1., the certificate of death received under
par. (c) 2. or the determination of debilitation and written consent received under
par. (c) 3.
48.978(3)(e)3.
3. If the petition is filed by a person who has been designated as an alternate standby guardian, a statement that the person designated as standby guardian is unwilling or unable to act as standby guardian and the factual basis for that statement.
