Filing Legal Guardianship Forms

This step-by-step guide to filing a petition and waiver of fees and costs only applies to those filing petitions in Milwaukee County. If you are filing elsewhere or are filing another type of civil case, you may want to consult with the local register in probate, clerk of court, or private attorney about the applicable local rules.

1. When you file your guardianship petition, you will be required to pay a filing fee of $15, unless you are eligible to have this fee waived.

2. Those who are eligible must fall within one of the following categories: a. Those who receive means-tested public assistance such as supplement social security or food stamps; or b. Those who fall below the federal poverty guidelines.

3. If you believe may qualify, you may complete the form entitled “CV-410: Petition and Waiver of Fees and Costs – Affidavit of Indigency and Order.”

4. This form has two sections. Section One refers only to those who receive qualifying public assistance. If you are certain that you receive this type of assistance, you are only required to complete Section One. If you do not receive this assistance, complete Section Two. If you are unsure if you receive any qualifying public assistance, you also may want to complete Section Two. Section Two asks questions you about your finances, including your income and that of other members in your household. These questions assist the court in determining whether you qualify.

5. After completing your petition, you must sign it before a notary public.

6. Then you submit your completed and notarized petition to the chief judge for his or her review and approval. You must submit this petition before you file your petition for guardianship. In Milwaukee County, the chief judge’s office is located at 901 North 9th Street, Milwaukee, WI 53233. You will want to ask the information desk how to find chief judge’s office once you are in the courthouse.

7. For example, if you receive FoodShare, you may be asked to produce your most recent benefits statement.

8. The chief judge will decide if there is any basis to grant the petition. Your petition may be granted in full, granted in part and subject to later review by the court, or denied. You may appeal the decision if your petition is denied.

9. You file the signed petition and order to waive fees with the clerk of court.

10. The chief judge’s office will not provide you with additional copies of your petition and order to waive fees. The clerk of court may provide you with a copy, but your waiver does not extend to any charge the clerk may ask for copying your document. The above is intended to provide general information only and is not a substitute for thorough and specific legal advice on an individual case. Depending on the complexity of your legal problem, you may need to consult an attorney for advice or representation.

Kids Matter Inc. 2010
URL: KidsMatterInc.org