Guardianship

When you or someone you know needs help making important decisions affecting your day to day life, there are options. We represent individuals and families for the full range of decision-making options available to the elderly and people with disabilities. Watch this video for a brief overview of the decision-making options available in Wisconsin.

Guardianship

Guardianship is a legal process that removes certain rights from an individual, and transfers certain rights from that individual to another individual. Rights that can be removed in full are the right to vote, serve on a jury, or execute a will. Other rights that can either be removed or exercised only with guardian consent are: the right to marry, the right to consent to organ donation, the right to apply for licenses (driving, hunting, fishing, or professional licenses), and the right to consent to sterilization.

There are two types of guardianships:

Guardianship of the Person

A guardian of the person is responsible for making important decisions for an individual such as their medical treatment, medication management, social services, education, employment, housing, and more. This is the most common type of guardianship, whether for young adults with disabilities reaching adulthood, or for elderly individuals with dementia or other conditions.

Guardianship of the Estate

A guardian of the estate is responsible for making financial decisions for an individual - managing their income and assets, providing for their care, and making sound decisions with their property. The guardian of the estate is responsible for any contracts that bind the individual - including public benefits application and recertification.

Full vs. Limited Guardianship

A guardianship does not have to be "all or nothing." It can be individually tailored to allow the person to retain the most rights possible, and to maintain a voice or input on important decisions.

Guardianship - Special Issues

Every individual is unique - and so is their guardianship case. Some routine legal procedures become more complex when a guardianship is in place. We represent guardianship clients for:

• Real Estate Sales
• Special needs trust establishment
• Temporary Guardianships
• Modifying or terminating a guardianship
• Protective Placement: When an individual under guardianship needs care in certain settings, such as a skilled nursing facility, a Protective Placement order is necessary. We help families obtain protective placements for their loved ones. We also represent individuals challenging their need for protective placement, or attempting to move to a less restrictive setting.

Contested Guardianship Matters

• Family Disputes: Unfortunately, sometimes family members cannot agree on who should serve as guardian for an individual who needs help making decisions. Other times, there are disputes about who should be allowed to see the individual and when.
We represent families in cases involving guardianship or visitation disputes using all available resolution options, including mediation and traditional litigation.
• Need for Guardianship: We have successfully represented individuals who challenge their need for guardianship. We work with clients to help them retain their independence in the least restrictive manner possible.

Alternatives to Guardianship

Supported Decision-Making

A new option in Wisconsin, supported decision-making allows for a person with a disability to direct their own decision-making while retaining their rights. These agreements can allow a "supporter" to assist with decisions about education, health care, finances, and more - while allowing the person to maintain control over their own affairs. The "supporter" does just that - supports - and does not have the authority to make decisions in place of the person, to access their records independently, or to weigh in on decisions that the person has not authorized. This tool does not involve court oversight. We can also help families navigate informal supported-decision making options.

Powers of Attorney

Every adult who is able should have a health care and financial power of attorney in place. These tools are voluntary, can be changed or revoked at any time, do not require court involvement or oversight, and are instrumental in avoiding the need for guardianship.

A Health Care Power of Attorney authorizes another person to make health care decisions in the event you are unable to do so on your own. These documents cover important topics like admission to long term care facilities and the provision of feeding tubes.

A Financial or Durable Power of Attorney covers important aspects of financial life such as banking, making payments and purchases, insurance, and more - but can also cover things like care for pets and digital assets.