How Do I Name a Guardian for My Minor Children in Wisconsin?

See how a parent names a guardian for their minor children in Wisconsin, what weight the court gives your choice, and your options for temporary care.

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Naming a Guardian in Wisconsin

Where you name one: A will or a separate signed writing
What it takes to sign: Your signature
Official form: None
Age of majority: 18

What the Court Does With Your Choice

Weight given to your nomination: Strong preference — appointed unless disqualified
Your child's own preference: Child 12+ may choose

Name a guardian alongside the rest of your plan, and set aside how your children's inheritance is managed until they are grown.

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Temporary Care Without Going to Court

Parental Designation of Standby Guardian

Any adult · no fixed statutory time limit · no custody transfer

Delegation of Powers by Parent (Power of Attorney)

Any adult · up to 1 year · no custody transfer

Who Cannot Serve as Guardian

Wisconsin uses a best-interest and suitability standard rather than a fixed list of bars — the court can decline anyone it finds unsuitable to serve.

This guide summarizes state guardian-designation statutes and is not legal advice. Rules vary by state and locality. Consult a licensed attorney for guidance specific to your family's situation.

Frequently Asked Questions

In Wisconsin, a parent names a guardian for a minor child in a will or a separate signed writing (Wis. Stat. § 48.9795(2)(c)1 (parent nomination of guardian of the PERSON, by will or other written instrument; "the court shall appoint the person nominated ... unless ... not in the child's best interests"); § 54.15(6) (parent will nomination of guardian of the ESTATE, via § 48.9795(2)(b)1); § 853.03 (will execution)). It needs your signature. You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the court appoints the guardian the parent named unless someone shows a statutory ground to disqualify them (Wis. Stat. § 48.9795(2)(c)1 (parent nomination of guardian of the PERSON, by will or other written instrument; "the court shall appoint the person nominated ... unless ... not in the child's best interests"); § 54.15(6) (parent will nomination of guardian of the ESTATE, via § 48.9795(2)(b)1); § 853.03 (will execution)).

Yes. Wisconsin recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.

Yes. Wisconsin allows a Parental Designation of Standby Guardian (Wis. Stat. § 48.978(3)): any adult can be authorized for a limited time (no fixed statutory time limit) without transferring custody.

In Wisconsin, a child 12 or older may choose their guardian, subject to the court's approval (Wis. Stat. § 48.9795(2)(c)2 (person, age 12); § 54.15(4)(b) (estate, age 14)).

Wisconsin uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (Wis. Stat. § 48.9795(2)(c), (4)(b)8; § 54.15(5), (6))

Naming a Guardian in Wisconsin

In Wisconsin, the age of majority is 18. Until a child reaches it, a parent may name a guardian in a will or a separate signed writing.

When a parent has named a guardian, the court appoints the guardian the parent named unless someone shows a statutory ground to disqualify them. A backup guardian named in the same document applies if the first choice cannot serve.

Wisconsin recognizes a separate signed declaration naming a guardian, so a full will is not required to make the nomination. For short-term needs, Wisconsin allows a Parental Designation of Standby Guardian, under which any adult can be authorized for a limited time (no fixed statutory time limit) without transferring custody.

A child's own wishes: a child 12 or older may choose their guardian, subject to the court's approval.

A last will is the standard place to name a guardian, and a revocable living trust sets aside how a child's inheritance is managed until they are grown.

SimplyTrust Editorial·Updated July 15, 2026

Legal Sources

Data sourced from Wisconsin statutes and official state code. How we research.

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