Detailed Answer
When an elderly heir can no longer manage money or make personal decisions safely, Wisconsin law offers several tools to grant a trusted individual legal authority. These options include durable powers of attorney for finances and health care, as well as court-appointed guardianships. Below is an overview of each option and how they work under Wisconsin statutes.
1. Durable Power of Attorney for Financial Matters
A durable power of attorney lets an appointed agent handle banking, bill paying, investments and other financial tasks. It remains valid even if the principal becomes incapacitated—so long as it is executed according to Wisconsin’s Uniform Power of Attorney Act. Key points:
- Execution: The principal must sign before two witnesses or a notary. See Wis. Stat. §244.10.
- Powers: You can grant broad authority or limit actions (e.g., only real estate transactions).
- Revocation: The principal can revoke at any time if mentally competent.
2. Power of Attorney for Health Care Decisions
If the elderly heir cannot make health care decisions, a health care agent under a statutory form can consent to treatment, review medical records and decide on life-sustaining procedures. Under Wis. Stat. §155.05:
- Formal Requirements: Use the Department of Health Services form or meet statutory witnessing rules. See Wis. Stat. §155.05.
- Scope: You choose specific powers—such as admission to long-term care or palliative care decisions.
- Activation: Typically upon the principal’s incapacity, as certified by a physician.
3. Court-Appointed Guardianship
If no power of attorney exists and immediate protection is needed, family members can petition the county court for guardianship. The court may appoint:
- Guardian of the Person: Makes medical, residential and personal care decisions. See Wis. Stat. §54.06.
- Guardian of the Estate (Conservator): Manages assets, pays bills and handles property transactions. See Wis. Stat. §54.15.
Before appointing a guardian, the court holds an evidentiary hearing. The proposed ward has the right to counsel and to contest findings. The court issues a limited or full guardianship order based on the heir’s abilities and needs.
4. Protective Placement (Limited to Living Arrangements)
In urgent cases involving abuse, neglect or self-neglect, a protective placement under Wis. Stat. Chapter 55 can authorize placement in a board and care facility. This process focuses on ensuring a safe residence rather than broad life management.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Review existing documents early: Encourage the heir to sign a power of attorney before incapacity.
- Choose agents wisely: Select individuals you trust to act in the heir’s best interest.
- Keep copies accessible: Store original documents and provide copies to banks, doctors and caregivers.
- Understand court timelines: Guardianship proceedings can take weeks; plan accordingly.
- Consult professionals: Estate-planning attorneys and geriatric care managers can guide you through complex decisions.