Guardianships
Guardianship is a legal process where a court appoints a person or agency (the guardian) to make decisions for an individual (the ward) who lacks the capacity to manage their own personal or financial affairs.
Types of Guardianships
- Guardianship of the Person: The guardian makes non-financial decisions about the ward’s daily life, such as healthcare, housing, education, and general welfare.
- Guardianship of the Estate (or Property): The guardian manages the ward’s financial assets, investments, and property, often requiring detailed reporting to the court.
- Guardianship of the Person and Estate (or General Guardianship): This is a comprehensive role where the guardian handles both personal care and financial matters for the individual.
Guardianship of Adult (Incompetent Person): Is used when a person over the age of 18 has a developmental disability or a doctor will complete an evaluation stating the person is incompetent. It may be necessary to hire an attorney to assist you with this procedure. A Guardian ad Litem MUST be hired to represent the proposed Ward.
Guardianship of Minor: Is used when a person is under the age of 18. It may be necessary to hire an attorney to assist you with this procedure. A Guardian ad Litem MUST be hired to represent the proposed Ward.
Foreign Guardianship (transferred from another state): Is used when a guardianship of the person or of the estate is transferred to this state. The guardian of the person or estate must petition the court in this state to accept the guardianship. A Guardian ad Litem MAY be appointed to represent the interests of the respondent or to assist the court in conforming the order to the laws of this state. The court SHALL appoint a Guardian ad Litem if an objection is made.
Foreign Guardianship (transferred from Wisconsin to another state): Is used when a guardian of the person or guardian of the estate who is appointed in this state may petition the court to transfer the guardianship to another state. The court MAY at any time appoint a Guardian ad Litem to represent the interests of the respondent. The Court SHALL appoint a Guardian ad Litem if an objection is made.
Foreign Guardianship (REGISTRATION): Is used if a guardian of the person or guardian of the estate has been appointed in another state, the guardian may register the guardianship of the person or guardianship of the estate in this state.
Additional Resources:
The Wisconsin Guardianship Support Center (GSC) provides information and assistance on issues related to guardianship, protective placement, advance directives, and more. Guardian powers and duties of the Person and Estate can be found as well.