How Do We Appoint a Standby Guardian for a Child in Wisconsin?

Full question:

We have legal guardianship of our Grandson since birth. He is now 5 years old. How can we appoint our daughter, his aunt, Stand-By-Guardian?

• Category: Guardianship
• Date: 04/07/2025
• State: Wisconsin

Answer:

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.

A guardianship may be voluntarily created by a surviving parent to be effective if the parent is deceased or incapacitated. A person may also may a testamentary appointment of a guardian in a will. A power of attorney over a child is a document signed and notarized by a parent giving a non-parent authority to make decisions for a minor child. The power of attorney is typically used by a parent who is unavailable for a period of time and wants to grant authority to another person over their child.

The power of attorney can be used to authorize the person to obtain medical treatment for a child, signing up a child for an activity, or for other significant decisions. The parent may also limit the purpose of the power of attorney to something very specific.

The parent granting the power of attorney can withdraw (revoke) the power at any time, even before the expiration date of the power of attorney. It is best that the withdrawal be in writing. The parent withdrawing the power must be sure to fill out a revocation form and deliver it to the person granted the power of attorney. The withdrawal is effective immediately upon delivery.

Please see the following WI statutes:

48.978 Appointment or designation of standby guardian of a
child.

(1) Definitions. In this section:

(a) "Attending physician" means a physician licensed under ch. 448 who
has primary responsibility for the treatment and care of a parent who
has filed a petition under sub. (2) (a) or made a written designation
under sub. (3) (a) or, if more than one physician has responsibility
for the treatment and care of that parent, if a physician is acting on
behalf of a physician who has primary responsibility for the treatment
and care of that parent or if no physician is responsible for the
treatment and care of that parent, "attending physician" means any
physician licensed under ch. 448 who is familiar with the medical
condition of that parent.

(b) "Debilitation" means a person's chronic and substantial inability,
as a result of a physical illness, disease, impairment or injury, to
care for his or her child.

(c) "Incapacity" means a person's chronic and substantial inability,
as a result of a mental impairment, to care for his or her child.

(2) Judicial appointment.

(a) Who may file petition.

1. A parent of a child may file a petition for the judicial
appointment of a standby guardian of the person or estate or both of
the child under this subsection. A parent may include in the petition
the nomination of an alternate standby guardian for the court to
appoint if the person nominated as standby guardian is unwilling or
unable to serve as the child's guardian or if the court determines that
appointment of the person nominated as standby guardian as the child's
guardian is not in the best interests of the child. Subject to subds.
2. and 3., if a petition is filed under this subdivision, the petition
shall be joined by each parent of the child.

2. If a parent of a child cannot with reasonable diligence locate the
other parent of the child, the parent may file a petition under subd.
1. without the other parent joining in the petition and, if the parent
filing the petition submits proof satisfactory to the court of that
reasonable diligence, the court may grant the petition.

3. If a parent of a child can locate the other parent of the child,
but that other parent refuses to join in the petition or indicates that
he or she is unwilling or unable to exercise the duty and authority of
guardianship, the parent may file a petition under subd. 1. without the
other parent joining in the petition and, if the parent filing the
petition submits proof satisfactory to the court of that refusal,
unwillingness or inability, the court may grant the petition.

(b) Contents of petition. A proceeding for the appointment of a
standby guardian for a child under this subsection shall be initiated
by a petition that shall be entitled "In the interest of ____________
(child's name), a person under the age of 18" and shall set forth with
specificity all of the following:

1. The name, birth date and address of the child.

2. The names and addresses of the child's parent or parents, guardian
and legal custodian.

3. The name and address of the person nominated as standby guardian
and, if the petitioner is nominating an alternate standby guardian, the
name and address of the person nominated as alternate standby guardian.

4. The duties and authority that the petitioner wishes the standby
guardian to exercise.

5. A statement of whether the duty and authority of the standby
guardian are to become effective on the petitioner's incapacity, on the
petitioner's death, or on the petitioner's debilitation and consent to
the beginning of the duty and authority of the standby guardian, or on
whichever occurs first.

6. A statement that there is a significant risk that the petitioner
will become incapacitated or debilitated or die, as applicable, within
2 years after the date on which the petition is filed and the factual
basis for that statement.

7. If a parent of the child cannot with reasonable diligence locate
the other parent of the child, a statement that the child has no
parent, other than the petitioner, who is willing and able to exercise
the duties and authority of guardianship and who, with reasonable
diligence, can be located and a statement of the efforts made to locate
the other parent.

8. If a parent of the child can locate the other parent of the child,
but that other parent refuses to join in the petition or indicates that
he or she is unwilling or unable to exercise the duty and authority of
guardianship, a statement that the child has no parent, other than the
petitioner, who is willing and able to exercise the duty and authority
of guardianship and a statement that the nonpetitioning parent has
refused to join in the petition or has indicated that he or she is
unwilling or unable to exercise the duty and authority of guardianship.

9. A description of the child's income and assets, if any.

10. A statement of whether the proceedings are subject to the Uniform
Child Custody Jurisdiction and Enforcement Act under ch. 822.

11. A statement of whether the child may be subject to the federal
Indian Child Welfare Act, 25 USC 1911 to 1963.

(c) Service of petition and notice.

1. The petitioner shall cause the petition and notice of the time and
place of the hearing under par. (d) to be served on all of the
following persons:

a. The child if the child is 12 years of age or older.

b. The child's guardian and legal custodian.

c. The child's guardian ad litem.

d. The child's counsel.

e. The child's other parent, if that parent has not joined in the
petition and if that parent can with reasonable diligence be located.

f. The persons to whom notice is required to be given under s. 48.27
(3) (b) 1.

g. The person who is nominated as the standby guardian of the child in
the petition and, if an alternate standby guardian is nominated in the
petition, the person who is nominated as the alternate standby
guardian.

2. Service shall be made by certified mail at least 7 days before the
hearing or by personal service in the same manner as a summons is
served under s. 801.11 (1) (a) or (b) at least 7 days before the
hearing or, if with reasonable diligence a party specified in subd. 1.
cannot be served by mail or by personal or substituted service, service
shall be made by publication of a notice published as a class 1 notice
under ch. 985. In determining which newspaper is likely to give notice
as required under s. 985.02 (1), the petitioner shall consider the
residence of the party, if known, or the residence of the relatives of
the party, if known, or the last-known location of the party.

(d) Plea hearing.

1. A hearing to determine whether any party wishes to contest a
petition filed under par. (a) shall take place on a date that allows
reasonable time for the parties to prepare but is no more than 30 days
after the filing of the petition. At the hearing, the nonpetitioning
parties and the child, if he or she is 12 years of age or over or is
otherwise competent to do so, shall state whether they wish to contest
the petition.

2. If the petition is not contested, the court may immediately proceed
to a dispositional hearing under par. (g), unless an adjournment is
requested under par. (g).

3. If the petition is contested, the court shall set a date for a
fact-finding hearing under par. (e) that allows reasonable time for the
parties to prepare but is no more than 30 days after the plea hearing.

(e) Fact-finding hearing. The court shall hold a fact-finding hearing
on the petition on the date set by the court under par. (d) 3. at which
any party may present evidence relevant to any of the following issues:

1. Whether there is a significant risk that the petitioner will become
incapacitated or debilitated or die within 2 years after the date on
which the petition was filed.

2. Whether the child has any parent, other than the petitioner, who is
willing and able to exercise the duty and authority of guardianship.

3. If a parent cannot be located, whether the petitioner has made
diligent efforts to locate that parent.

4. If a parent has refused to join in the petition, whether that
refusal is unreasonable.

(f) Required findings by court. If the court, at the conclusion of the
fact-finding hearing, makes all of the following findings by clear and
convincing evidence, the court shall immediately proceed to a
dispositional hearing unless an adjournment is requested under par. (g):

1. That there is a significant risk that the petitioner will become
incapacitated or debilitated or die within 2 years after the date on
which the petition was filed.

2. That the child has no parent, other than the petitioner, who is
willing and able to exercise the duty and authority of guardianship.

3. That, if a parent cannot be located, the petitioner has made
diligent efforts to locate that parent.

4. That, if a parent has refused to join in the petition, the refusal
was unreasonable.

5. That the person nominated as standby guardian is willing and able
to act as standby guardian or, if that person is not so willing and
able, that the person nominated as alternate standby guardian is
willing and able to act as standby guardian.

(g) Dispositional hearing. The court shall hold a dispositional
hearing on the petition at the time specified under par. (d) 2. or (e),
at which any party may present evidence, including expert testimony,
relevant to the disposition. If at the plea hearing or the fact-finding
hearing a party requests an adjournment of the dispositional hearing,
the court shall set a date for the dispositional hearing that allows
reasonable time for the parties to prepare but is no more than 30 days
after the plea hearing or fact-finding hearing.

(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:

1. Whether the person nominated as standby guardian or alternate
standby guardian would be a suitable guardian of the child.

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.

3. The wishes of the child.

(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.

(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:

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.

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.

(k) Guardianship order. A standby guardianship order under par. (j) 2.
shall include all of the following:

1. A statement of whether the standby guardianship is a full
guardianship under sub. (6) (b) 1. or a limited guardianship under
sub. (6) (b) 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.

(L) Commencement of duty and authority of court-appointed standby
guardian.

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).

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.

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.

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.

(m) Suspension of duty and authority of court-appointed standby
guardian.

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).

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.

3. The duty and authority of a standby guardian that are suspended
under subd. 1. shall begin again as provided in par. (L).

(n) Rescission of standby guardianship.

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.

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.

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.

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.

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.

(3) Parental designation.

(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.

(b) Contents of written designation; form.

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.

2. A written designation of a standby guardian complies with this
subsection if the written designation substantially conforms to the
following form:

[omitted]

(c) Commencement of duty and authority of designated standby guardian.

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).

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.

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.

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.

(d) Suspension of duty and authority of designated standby guardian.

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).

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).

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.

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.

5. The duty and authority of a standby guardian that are suspended
under subd. 1. shall begin again as provided in par. (c).

(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:

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.

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.

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.

(f) Procedure for judicial appointment.

1. The petitioner shall cause the petition and notice of the time and
place of the plea hearing under subd. 2. to be served on all of the
persons specified in sub. (2) (c) 1. a. to f. and on the parent who has
made the written designation under par. (a), if living. Service shall
be made in the manner provided in sub. (2) (c) 2.

2. The court shall hold a plea hearing, a fact-finding hearing and a
dispositional hearing in the manner provided in sub. (2) (d) to (g) and
shall enter a dispositional order as provided in sub. (2) (j) and (k)
1., except that at the fact-finding hearing any party may present
evidence relevant to the issues specified in par. (g), and at the
conclusion of that hearing the court shall immediately proceed to a
dispositional hearing, unless an adjournment is requested, if the court
finds by clear and convincing evidence that the conditions specified in
par. (g) have been met.

(g) Required findings by court. The court shall appoint a person to be
a standby guardian under this subsection if, after making the following
findings by clear and convincing evidence, the court determines that
the appointment is in the best interests of the child:

1. That the person was designated as standby guardian in accordance
with pars. (a) and (b).

2. That the standby guardian has received a determination of
incapacity, a death certificate, or a determination of debilitation and
written consent, as provided in par. (c) 1., 2. or 3., whichever is
applicable.

3. That the child has no parent who is willing and able to exercise
the duty and authority of guardianship.

4. That, if a parent cannot be located, the petitioner has made
diligent efforts to locate that parent or, if a parent has refused to
consent to the designation of the standby guardian, the consent was
unreasonably withheld.

5. That, if the petitioner is a person designated as an alternate
standby guardian, the person designated as standby guardian is
unwilling or unable to act as standby guardian.

(h) Dispositional factors. In determining the appropriate disposition
under par. (g), 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:

1. Whether the person designated as standby guardian or alternate
standby guardian would be a suitable guardian of the child.

2. The willingness and ability of the person designated as standby
guardian or alternate standby guardian to serve as the child's
guardian.

3. The wishes of the child.

(i) Appearance by parent. If the parent who has made a written
designation under par. (a) is medically unable to appear at a hearing
specified in par. (f) 2., the court may dispense with the parent's
appearance, except on the motion of a party and for good cause shown.

(j) Revocation by parent.

1. A parent who has made a written designation under par. (a) may, at
any time before the filing of a petition under par. (e), revoke a
standby guardianship created under this subsection by executing a
written revocation and notifying the standby guardian in writing of the
revocation, making a subsequent written designation under par. (a) or
verbally revoking the standby guardianship in the presence of 2
witnesses.

2. After a petition under par. (e) has been filed but before the
standby guardian has been judicially appointed under par. (g), a parent
who has made a written designation under par. (a) may revoke a standby
guardianship created under this subsection by executing a written
revocation, filing the revocation with the court with which the
petition has been filed and notifying the standby guardian in writing
of the revocation. On compliance with this subdivision, the court may
dismiss the petition and rescind the guardianship if the court
determines that dismissal of the petition and rescission of the
guardianship are in the best interests of the child.

3. After the standby guardian has been judicially appointed under par.
(g), a parent who has made a written designation under par. (a) may
revoke a standby guardianship created under this subsection 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 may rescind the guardianship order if the court determines that
rescission of the guardianship order is in the best interests of the
child.

(k) Renunciation of designation.

1. A person whom a parent has designated as a standby guardian under
par. (a) may, at any time before the filing of a petition under par.
(e), renounce that designation by executing a written renunciation and
notifying the parent, if living, in writing of that renunciation.

2. After a petition under par. (e) has been filed, but before the
standby guardian has been judicially appointed under par. (g), a person
whom a parent has designated as a standby guardian under par. (a) may
renounce that designation by executing a written renunciation, filing
the renunciation with the court with which the petition has been filed
and notifying the parent, if living, in writing of that renunciation.
On compliance with this subdivision, the court may accept the
renunciation and rescind the guardianship order if the court finds that
the renunciation and rescission are in the best interests of the child.

3. A person who has been judicially appointed as a standby guardian
under par. (g) may, at any time after that appointment, resign that
appointment by executing a written resignation, filing the resignation
with the court that entered the guardianship order and notifying the
parent who designated the person as a standby guardian under par. (a),
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.

(4) Determination of incapacity or debilitation.

(a) In general.

1. A determination of incapacity or debilitation under this
section shall be in writing, shall be made to a reasonable degree of medical
certainty by an attending physician and shall contain the opinion of
the attending physician regarding the cause and nature of the parent's
incapacity or debilitation and the extent and probable duration of the
incapacity or debilitation.

2. If a standby guardian's identity is known to an attending physician
making a determination of incapacity or debilitation, the attending
physician shall provide a copy of the determination of incapacity or
debilitation to the standby guardian.

(b) On request of standby guardian. If requested by a standby
guardian, an attending physician shall make a determination regarding a
parent's incapacity or debilitation for purposes of this section.

(c) Information to be provided to parent. On receipt of a
determination of a parent's incapacity, a standby guardian shall inform
the parent of all of the following, if the parent is able to comprehend
that information:

1. That a determination of incapacity has been made and, as a result,
the duty and authority of the standby guardian have begun.

2. That the parent may revoke the standby guardianship in accordance
with sub. (2) (n) 5. or (3) (j) 1., 2. or 3., whichever is applicable.

(5) Determination of recovery or remission.

(a) In general.

1. A determination that a parent has recovered or is in remission from
his or her incapacity or debilitation shall be in writing, shall be
made to a reasonable degree of medical certainty by an attending
physician and shall contain the opinion of the attending physician
regarding the extent and probable duration of the recovery or
remission.

2. If a standby guardian's identity is known to an attending physician
making a determination of recovery or remission, the attending
physician shall provide a copy of the determination of recovery or
remission to the standby guardian.

(b) On request of standby guardian. If requested by a standby
guardian, an attending physician shall make a determination regarding a
parent's recovery or remission for purposes of this section.

(6) Parental rights; duty and authority of standby guardian.

(a) Parental rights. The beginning of the duty and authority of a
standby guardian under sub. (2) or (3) does not, in itself, divest a
parent of any parental rights.

(b) Duties and authority of guardian.

1. Unless limited under subd. 2., a standby guardian appointed under
sub. (2) or designated under sub. (3) shall have all of the duties and
authority specified in s. 48.023.

2. The court may order or a parent may provide that the duties and
authority of a standby guardian appointed under sub. (2) or designated
under sub. (3) be limited. The duties and authority of a limited
standby guardian shall be as specified by the order of appointment
under sub. (2) (j) 2. or the written designation under sub. (3) (a).
All provisions of the statutes concerning the duties and authority of a
guardian shall apply to a limited standby guardian appointed under
sub. (2) or designated under sub. (3) to the extent those provisions
are relevant to the duties or authority of the limited standby
guardian, except as limited by the order of appointment or written
designation.

(7) Relationship to ch. 54.

(a) Except when a different right, remedy or procedure is provided
under this section, the rights, remedies, and procedures provided in
ch. 54 shall govern a standby guardianship created under this section.

(b) This section does not abridge the duties or authority of a
guardian appointed under ch. 880, 2003 stats., or ch. 54.

(c) Nothing in this section prohibits an individual from petitioning a
court for the appointment of a guardian under ch. 54