Guardianship
When a person in Wisconsin reaches age 18, the law presumes they are able to manage their own financial affairs and medical care, and that presumption does not change merely because a person has a disability. Guardianship is the legal tool Wisconsin uses when a person is deemed incompetent and needs someone appointed by the court to make decisions on their behalf. Attorney Mason handles guardianship petitions, hearings, and annual reports in Racine and Kenosha counties.
When a guardianship comes up
Guardians can be appointed for minors, for adults, and for individuals found to be spendthrifts. Attorney Mason is most commonly involved when a child turns 18 and is not competent to manage their affairs due to significant functional or communication limitations, or when an adult has lost the capacity to manage their own affairs due to a degenerative brain disorder or a traumatic brain injury.
What is a Wisconsin guardianship?
A guardianship is a Circuit Court order appointing a person (the guardian) to make specified decisions for another person (the ward). Wisconsin recognizes two basic kinds: guardian of the person (healthcare, placement, personal decisions) and guardian of the estate (finances, property). One person can serve in both roles, or the roles can be shared by multiple people.
There are also temporary guardians for emergency situations, and standby guardians who can act in the guardian's absence or inability. A guardianship may be full, with all powers transferred to the guardian, or limited, with the specific powers transferred to the guardian listed in the court documents.
Least-restrictive alternatives: Wisconsin's first question
Every citizen has the constitutional right to life, liberty, and the pursuit of happiness. These principles do not allow any court to remove an individual's rights if something less intrusive would work. Validly executed Power of Attorney documents can avoid the need for a guardianship altogether.
Wisconsin's guardianship process
Guardianship is not automatic. Even when a child is turning 18 and the parents are clearly the right people to step in, Wisconsin requires a petition to the court, medical evidence, notice to interested persons, a hearing, and a formal order before any authority exists.
Attorney Mason drafts the petition, coordinates with the physician or psychologist whose exam supports the guardianship, files and serves court papers on interested parties, and appears at the hearing. Most guardianships are completed within 60 to 90 days of filing.
After appointment: the guardian's ongoing duties
Being appointed is the start, not the finish. A Wisconsin guardian of the person files an annual report on the ward's well-being and living situation. A guardian of the estate files an annual accounting, detailing every deposit and disbursement for the calendar year, for the court's review. Large transactions (selling a home, closing an investment account, changing placement) typically require a separate court order.
Attorney Mason represents families through those post-appointment obligations: the annual accountings and guardianship modifications when a ward's condition changes.
In this practice area
Go deeper
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Guardianship of a Minor
When a child needs a court-appointed guardian in Wisconsin, after a parent's death or incapacity, or when parents are unable to provide care.
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Guardianship of an Adult
For adults who have lost the capacity to make their own decisions, whether medical, financial, or both, under Wis. Stat. ch. 54.
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Emergency & Temporary Guardianship
When a guardianship cannot wait: hospital discharge pressure, financial exploitation, a sudden loss of a parent. Filing under § 54.50.
Frequently asked
Common questions
- What is the difference between guardianship of the person and of the estate?
Guardian of the person covers healthcare, placement, and personal decisions. Guardian of the estate covers money, property, benefits, and legal claims. Wisconsin allows you to petition for one, the other, or both.
- Who decides whether guardianship is needed?
The Circuit Court, based on medical evidence from a licensed physician or psychologist, and testimony at a hearing. The proposed ward has the right to counsel (an appointed adversary counsel, paid by the county if the ward cannot afford one), the right to appear, and the right to contest the petition. Guardianship is never imposed just because a family says it is needed.
- How long does a Wisconsin guardianship take?
When the ward does not oppose the guardianship and all interested parties agree, a guardianship can typically be completed within 90 days of the petition being filed.
- Can a guardianship be undone?
Yes. A guardianship can be modified or terminated at any time if the ward's capacity improves, if a less-restrictive alternative becomes workable, or if the guardian is not performing.
- What does it cost to establish a guardianship in Wisconsin?
Attorney fees for a guardianship are billed hourly and depend on whether the matter is contested. Uncontested guardianships are typically $1,000 to $2,000.
Ready to talk?
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