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Commonly Asked Questions about Wisconsin Protective Placement Forms

While guardianships under the old law often removed all of an individuals rights, the new guardianship laws allow the court to remove only those rights the individual is unable to exercise.
A court can issue orders for a person who has a guardian to be protectively placed. The legal standard says, without the protective placement, the individual is so totally incapable of providing for their own care and well-being, it creates a substantial risk of serious harm to themselves or others.
A restraining order is a court order that orders someone not to hurt you, to stay away from you, move out of the house, have no contact with you, or stop harassing you.
In Wisconsin, child placement refers to where the child lives, whereas child custody is the legal decision-making authority for your child. The Wisconsin courts will determine the best interest of the child and award either joint legal custody or sole legal custody.
Protective placement is required for anyone under guardianship who lives in a licensed facility of more than 16 beds. Protective placements must be the least restrictive setting necessary to meet the individuals needs, and are reviewed annually by the court.
Filing for Child Custody Placement in WI: 3 Steps Step 1: Complete your forms. Divorce and separation. Custody and placement only (unmarried parents) Paternity. Step 2: Turn in your paperwork. Step 3: Have the other parent served. Responding to a petition (for respondents) Preparing for what comes next.
A Petition for Protective Placement/Protective Services, Form GN-4040, and a Petition for Guardianship Due to Incompetency, Form GN-3100 (unless the individual is already under Page 2 guardianship), must be filed in the court along with the Statement of Emergency Protective Placement and the Notice of Rights on
Pursuant to Wis. Stat. 55.135, Form GN-4000, Statement of Emergency Protective Placement, is the document to use to take an individual into custody in an emergency situation and temporarily protectively place the individual in an appropriate facility.