Best Guardianship Lawyers in Wisconsin

About Guardianship Law in Wisconsin, United States

Guardianship is a legal relationship where a court appoints an individual or organization (the guardian) to make decisions for another person (the ward) who is unable to make decisions for themselves. In Wisconsin, guardianship often involves minors whose parents are unable to care for them or adults who are incapacitated due to age, illness, or disability. The primary goal of guardianship law is to protect the well-being and interests of individuals who are not capable of fully managing their personal, financial, or healthcare affairs.

Why You May Need a Lawyer

People often seek legal help with guardianship in several situations, including:

• When a loved one becomes unable to make sound decisions due to dementia, mental illness, or disability
• If parents are deceased or unfit, and a minor child needs someone to care for them
• When there are disagreements among family members about who should become guardian
• To contest or terminate an existing guardianship that is no longer necessary
• To ensure that a potential guardian meets state requirements and responsibilities
• If you are appointed as a guardian and need help understanding your legal duties

A lawyer can help navigate the sometimes complex process, prepare required documents, represent you in court, and advocate for the best interests of the person in need of protection.

Local Laws Overview

Guardianship in Wisconsin is governed primarily under Chapter 54 and Chapter 48 of the Wisconsin Statutes. The law distinguishes between two main types of guardianship: guardianship of adults (usually due to incapacity) and guardianship of minors. For adults, the court must first determine incapacity based on medical evidence. For minors, guardianship is generally considered when there is no parent able or willing to provide care. Guardians may be granted authority over the person, the estate (financial matters), or both. The court aims to tailor guardianship to the least restrictive form necessary and regularly monitors guardianships through reporting and review requirements.

Frequently Asked Questions

What is the difference between guardianship of the person and guardianship of the estate?

Guardianship of the person gives the guardian authority to make personal and healthcare decisions for the ward. Guardianship of the estate allows the guardian to manage financial affairs and property. Sometimes one person serves in both capacities, but the court can also appoint different people for each role.

How do I become a guardian in Wisconsin?

You must file a petition in the county probate court where the person in need of guardianship resides. The process involves notifying interested parties, proving incapacity or the need for guardianship, and a court hearing. The judge determines if guardianship is warranted and who should be appointed.

Can guardianship be temporary in Wisconsin?

Yes. Courts can grant temporary guardianship in emergency situations when immediate action is necessary for the ward’s protection. Temporary guardianships are limited in duration, usually 60 days, and can sometimes be extended if required.

Do guardians get paid in Wisconsin?

Guardians are entitled to reasonable compensation for their services, subject to court approval. The amount depends on the complexity and amount of work performed and is usually paid from the ward's estate, if available.

What are the responsibilities of a guardian in Wisconsin?

A guardian must act in the ward's best interests, make decisions regarding living arrangements, healthcare, education, and finances, maintain accurate records, submit reports to the court, and seek court approval for major decisions. Guardians must follow court orders and state laws.

Can a guardianship be changed or ended?

Yes. Guardianship can be modified, replaced, or ended if circumstances change. For example, if a ward regains capacity or no longer needs a guardian, interested parties can petition the court for termination.

Can family members challenge or oppose a guardianship?

Yes. Anyone with an interest in the welfare of the person can object to a guardianship, contest the need for a guardian, or recommend a different person to serve as guardian. The court reviews all objections before making a decision.

Does the person under guardianship have any rights?

Absolutely. Wards retain basic legal and civil rights unless the court specifically removes them. They also have the right to be present at hearings, contest the guardianship, and express their preferences regarding guardians.

What is a standby or successor guardian?

A standby or successor guardian is a person appointed by the court to step in automatically if the current guardian can no longer serve. This helps ensure there is no gap in protection or care for the ward.

Is power of attorney the same as guardianship?

No. Power of attorney is a voluntary arrangement where a competent person designates someone else to make decisions on their behalf. Guardianship is a court-ordered relationship that usually applies when the person cannot make decisions or grant power of attorney due to incapacity.

Additional Resources

For more information or assistance regarding guardianship in Wisconsin, consider these resources:

• Wisconsin Department of Health Services - Aging and Disability Resource Centers (ADRC)
• Wisconsin Court System - Guardianship and Protective Placement/Services information
• County Probate Court offices
• Wisconsin Guardianship Support Center (part of GWAAR)
• Local legal aid organizations and the State Bar of Wisconsin’s Lawyer Referral Service
• Disability Rights Wisconsin

Next Steps

If you believe you need legal assistance related to guardianship in Wisconsin, start by gathering information about your specific situation, including any relevant medical records or family documents. Identify whether you are seeking guardianship for a minor or adult, and note any urgent concerns. Contact a legal professional with experience in guardianship matters, or reach out to local resources such as the county probate court or the Guardianship Support Center for guidance. An attorney can help explain your options and responsibilities, assist with court filings, and represent you throughout the legal process to ensure the best possible outcome for your loved one.