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When Is Guardianship Needed?
Guardianship of an Adult
A guardian is needed for a person over age 18 when that person is not competent to make decisions for himself. The inability to make decisions can be caused by many things. It can be due to developmental disabilities, dementia or other medical causes. When a person cannot make decisions for himself, someone needs to be appointed by a court to make decisions on behalf of that person.
In order to establish the need for a guardian, there must be an evaluation done by a medical professional who will attest that the person is not competent to make certain decisions. That professional may have to testify at a hearing, if the person alleged to be incompetent objects to the idea of a guardianship. A legal guardian for an adult takes care of financial affairs of the person, chooses where the person will live, consents to his or her medical treatment, and has legal obligation to the person and his or her care. Guardianship helps adults who are not competent to make their own decisions. In Wisconsin, guardianships are tailored to meet the needs of each individual. Any order for guardianship is as narrow as possible. This means that the person will keep as many of his or her rights as possible, given the person’s deficits. A court order can be created to help specify the areas that the person has issues with, the decision making, and where they need the guardian to act. A guardians' authority is to make decisions which are in the best interests of the person under the guardianship. Guardianship actions are started, us There are three types of legal guardians for an adult: 1. There is a guardian of the estate, who helps make decisions relating to the persons property or money, to sign contracts, or represent the person in a legal proceeding that has to do with money or property. 2. A legal guardian may also be assigned by the court to be both a guardian of the estate and person. 3. Temporary guardian is a guardian of either the estate or person who is only a guardian for a short period of time, usually 60 or 120 days or fewer. |
Guardianship of a Minor
The main difference between guardianship of a minor and one of an adult is that there is no requirement to prove that the minor is incompetent. By virtue of the minor’s age, the person is legally considered to be incompetent to make personal, or financial decisions.
Most times, a formal guardianship of a minor is only needed when, either there is a substantial estate of the minor, or both the minor’s parents are deceased. Otherwise, parents can act on behalf of their own children.
Most times, a formal guardianship of a minor is only needed when, either there is a substantial estate of the minor, or both the minor’s parents are deceased. Otherwise, parents can act on behalf of their own children.
Guardianship of a minor may occur either by the families involved, or through intervention by a state or child welfare agency. The primary responsibility of a guardian is to make responsible decisions for benefit of the child. If there is an available parent to act as guardian, a parent is usually preferred. However, there are times when, either a parent is not available to serve as guardian, or the parents are not appropriate guardians.
If going through a court process with children, a Guardian ad Litem will be appointed for your child, to represent the child’s best interests. The Guardian ad Litem will make recommendations.
If going through a court process with children, a Guardian ad Litem will be appointed for your child, to represent the child’s best interests. The Guardian ad Litem will make recommendations.
General Provisions
With either type of guardianship, there can be guardianship of the person and guardianship of the estate. Most often, both are ordered. However, especially with minors, if the person has no estate and does not receive income, there is no need for guardianship of the estate. There is usually only a guardianship of the person of a minor if both the minor’s parents have died.
There must be a hearing to decide whether guardianship is appropriate and also to decide who should serve as guardian. The length of the hearing will depend on whether the person who is alleged incompetent objects to the guardianship. There must be a Guardian ad Litem appointed to represent the allegedly incompetent person or minor. The court will consider evidence presented at the hearing, including testimony from medical providers, and decide if the guardianship is needed.
Many times, the guardian is a relative of the incompetent person. However, there can be an outside individual or organization that can serve as guardian, as well. The guardian must be willing and able to make decisions in the best interest of the other person, even if the decisions are not what the guardian would make for himself. This can be very difficult in certain situations.
Once named as guardian, the person has authority to make the decisions outlined in the order entered by the court. Certain decisions require special permission from the court. These include selling real estate, making expenditures over a set amount of money and requiring that the person take certain medications.
When someone serves as guardian over another person, there are requirements that must be fulfilled annually. With a guardianship of the estate, the guardian must provide an accounting every year, which details each expenditure on behalf of the ward. It is the court’s job to make sure the guardian is not squandering the person’s money.
The responsibilities of a guardian can be substantial. It is important to discuss all the issues with an attorney who knows the laws regarding guardianship. You can call the Nevitt Law Office to schedule an appointment to discuss the issues and how best to address them. We will help you through the entire process, from start to finish.
There must be a hearing to decide whether guardianship is appropriate and also to decide who should serve as guardian. The length of the hearing will depend on whether the person who is alleged incompetent objects to the guardianship. There must be a Guardian ad Litem appointed to represent the allegedly incompetent person or minor. The court will consider evidence presented at the hearing, including testimony from medical providers, and decide if the guardianship is needed.
Many times, the guardian is a relative of the incompetent person. However, there can be an outside individual or organization that can serve as guardian, as well. The guardian must be willing and able to make decisions in the best interest of the other person, even if the decisions are not what the guardian would make for himself. This can be very difficult in certain situations.
Once named as guardian, the person has authority to make the decisions outlined in the order entered by the court. Certain decisions require special permission from the court. These include selling real estate, making expenditures over a set amount of money and requiring that the person take certain medications.
When someone serves as guardian over another person, there are requirements that must be fulfilled annually. With a guardianship of the estate, the guardian must provide an accounting every year, which details each expenditure on behalf of the ward. It is the court’s job to make sure the guardian is not squandering the person’s money.
The responsibilities of a guardian can be substantial. It is important to discuss all the issues with an attorney who knows the laws regarding guardianship. You can call the Nevitt Law Office to schedule an appointment to discuss the issues and how best to address them. We will help you through the entire process, from start to finish.