When A Court Appoints A Guardian
Wis. Stat. 54.10 — clear and convincing evidence, and alternatives tried, including supported decision-making
Clear and convincing. A guardian of the person or estate is appointed on a finding of incompetence only if the court finds by clear and convincing evidence everything the section requires.
What the court considers. Whether other reliable resources are available, whether guardianship is the least restrictive means, and whether alternatives, including supported decision-making, have been attempted and for how long, in a way that shows they are insufficient. The guardian's powers are the ones necessary and the least restrictive form of intervention.
Guardians for minors, emergency and temporary appointments, the guardian's duties and reports, and how a guardianship is ended or changed are set out in other sections and are not on this page. Whether a particular person needs a guardian is decided by a court on evidence, and is a question for a licensed Wisconsin attorney.
Sources for this section (1)
- Wis. Stat. 54.10 — Appointment of guardian
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.