A Wisconsin guardianship is a tool to provide decision making support and protection of rights for adults. Sometimes a guardian is appointed by the court to act on behalf of an adult who is found to have a functional impairment in decision making or communication that meets the legal standard for incompetence.
Types of Guardians
Guardians of the estate make some or all of the decisions related to property or money, which may include signing contracts or representing a person subject to guardianship in a legal proceeding
Guardians of the person make some or all personal decisions on behalf of a person from choosing medical care to helping to secure living arrangements. One person may be both a guardian of the estate and guardian of the person.
Temporary guardians may be appointed for limited periods of time, often while waiting for the appointment of a permanent guardian, or sometimes to help during periods of personal transition where decision making support is necessary.
Persons Under a Guardianship
Because every situation is unique, no two guardianships will be exactly alike. The aim is to design guardianships that are as unrestrictive as possible to allow someone under a guardianship to retain a measure of control over their lives, while also plugging in appropriate restrictions to prevent serious risk of harm.
A least restrictive model places the least possible restriction on a person’s personal liberty and exercise of rights, while promoting the greatest possible integration of the person into his or her community. All essential requirements of the person’s health safety habilitation treatment and recovery will be met and the all measures will be taken to protect the person from abuse neglect and financial exploitation. Although it is impossible to eliminate all risks, the goal is to support the person to have a normal life while protecting the person from decisions they are incapable of making.
Contact Our Wisconsin Guardianship Attorneys
Guardianship often coincides with a special needs child’s transition into adulthood, a time when parents must address certain issues to ensure the continued wellbeing of their child. Guardianships provides parents a legal right to continue to make necessary decisions on behalf of an adult child, allowing them to oversee or be personally responsible for their care, custody, and control. If you are considering a guardianship for the care of an adult family member, it is important to discuss your concerns with an experienced Wisconsin guardianship attorney. For a free initial consultation with an experienced Milwaukee and Waukesha guardianship attorney, call (414) 210-3135 or send us an email.