Axley attorneys work with families and caregivers to best address the needs of their loved ones.
Guardianship is a term to describe several different types of legal actions which fall under Wis. Stat. Ch. 54. A grandparent of a grandchild’s deceased parent may file for visitation under the guardianship statute. A caregiver may file for guardianship of a minor in need of care. A parent or caregiver may file for adult guardianship of a minor with special needs in anticipation of their eighteenth birthday. An interested person may file for adult guardianship of a person who lacks the capacity to care for themselves.
Guardianships can exist as an independent matter or may be a part of a family or probate case. These types of matters are fact specific. We encourage you to reach out to our attorneys so they may guide you in the best way to handle these types of matters.
Guardianship FAQ
What are the different types of guardianship?
Guardianships for minors fall into multiple categories, including full, limited, temporary and emergency. There are also special circumstances that full under guardianships, like grandparent visitation.
For adult guardianships, those apply to a child turning eighteen as well as a person over the age of majority who lacks the capacity to make decisions for themselves.
Guardianships include decisions which relate to the person, such as health, education and occupational decisions. They can also include decisions related to the estate, which include managing assets of the person.
Does Guardianship mean that a Guardian has complete control?
Yes and no. A Guardianship can be crafted to meet the needs of the particular situation. There is no one-size-fits-all. A guardian can act as a support system or an overarching decision-maker.
Do Power of Attorneys protect you from a Guardianship?
Power of Attorneys are the best protection from a Guardianship, however, there are circumstances which may require a guardianship. For example, in the event of a breach of duty by the agent, a guardianship may be needed to revoke the underlying Power of Attorney. If an agent needs to perform a task outside of the scope of the Power of Attorney, the guardianship may be attained for that specific purpose.
If I am Guardian of the Person, do I have to be Guardian of the Estate?
No. Guardianships are specifically cultivated to meet the needs of the ward. Guardian of the Person applies to decision-making concerning the health, care and welfare of the individual. Guardian of the Estate concerns the financial side of a guardianship.
What if my loved one needs a guardian, but I cannot do it?
The good news is that Wisconsin has a strong network of corporate guardians. The most important part of any action is to ensure the care and safety of your loved one. For all other concerns, I would encourage reaching out to our office to best address the unique needs of your case.
