Detailed Answer
Seeking guardianship or conservatorship in Wisconsin involves a court process under Wis. Stat. ch. 54. A guardian handles personal care decisions and a conservator (guardian of the estate) manages financial affairs for an incapacitated adult.
Step 1: Determine Need and Type
Identify whether the proposed ward needs help with personal care, finances, or both. A guardian of the person manages health, housing, and daily needs, while a conservator oversees finances and property.
Step 2: File a Petition
Any interested person (spouse, relative, or friend) may file a petition under Wis. Stat. § 54.10. Include the ward’s condition, requested powers, and petitioner information.
Step 3: Notice and Evaluation
The court sends notice to the proposed ward and close relatives. The court orders a medical evaluation by a physician or qualified examiner (§ 54.16) and may appoint a guardian ad litem (§ 54.15).
Step 4: Court Hearing
The proposed ward can attend and be represented. At the hearing, the judge reviews evidence, testimony, and reports. If incapacitation is proven, the court appoints a guardian of the person, estate, or both (§ 54.22, § 54.23).
Step 5: Letters and Bond
The court issues letters of guardianship or conservatorship upon appointment. The guardian may need to post a bond (§ 54.27) unless waived.
Step 6: Ongoing Duties
Guardians and conservators must act in the ward’s best interest. They file annual reports, manage assets prudently, and seek court approval for significant decisions.
Disclaimer: This article is for informational purposes and not legal advice. Consult a Wisconsin attorney for advice specific to your case.
Helpful Hints
- Explore less restrictive alternatives like powers of attorney or advance directives.
- Collect medical records and professional evaluations early.
- Provide proper notice to all interested family members.
- Maintain detailed records and receipts for financial actions.
- Timely file annual reports to comply with court requirements.
- Work with financial professionals for complex estates.