6633 Green Bay Road, Suite 4, Kenosha, WI 53142

Kenosha County Adult Guardianship Lawyer

Lake Geneva conservatorship attorney

Attorney Assisting With Conservatorship, Protective Services, and Supported Decision Making in Union Grove and Bristol

Over the course of your life, you may face a variety of challenges, and you can take steps to protect yourself and plan for the unexpected. However, if you ever become unable to care for yourself or need assistance meeting your daily needs, it may be necessary to have someone else step in to provide support or manage your affairs.

At Frozena Law LLC, we are here to help you make the most of your journey through life, and if you or a loved one need assistance or support, we can ensure that you understand your rights and options. We can work with you to find the right solution, so you or your loved one receive the assistance and protection needed while maintaining as much independence and self-determination as possible.

Legal Guardianship of an Adult

If an adult over the age of 18 is unable to care for themselves or meet their own needs, a legal guardian may be appointed for them by a court. A guardian will have the authority to make decisions for a person in their care (known as their "ward"), and the decisions a guardian is authorized to make will depend on the needs of the ward. Guardianship can be an effective solution for some elderly people or for other adults with special needs, such as those who are mentally impaired.

A person or organization may be named as the guardian of the person or the guardian of the estate for a ward. A guardian of the person will be authorized to make personal decisions, such as medical care and living arrangements, while ensuring that the ward's daily needs are met. A guardian of the estate will have the authority to make decisions related to the ward's property or finances. Guardians will typically be required to make regular reports to the court regarding the status of the ward and the need for continued guardianship.

Generally, a guardian may only be appointed by the court if a person is found to be incompetent. This means that they have an impairment that has made them unable to receive or evaluate information or make or communicate their own decisions such that their health and safety or financial well-being are at risk. A guardian can also be appointed for an adult who is found to be a spendthrift under Wisconsin law.

Both courts and guardians are required to act in the manner that is "least restrictive" for a ward. This means that while the ward's needs should be met, the approach taken should protect their rights and personal liberties as much as possible. In addition to limiting the powers given to a guardian, other alternatives include:

  • Conservatorship - A person may voluntarily request the appointment of a conservator to manage their financial affairs, and this person will generally have the same authority as a guardian of the estate. However, there are exceptions if a power of attorney is in place, and the conservator and the agent named in the power of attorney are two different people.
  • Protective services - If a ward needs assistance caring for themselves, they may receive voluntary or court-ordered protective services intended to prevent exploitation, abuse, or neglect, including self-neglect. They may also be eligible for protective placement in a residential treatment facility.
  • Supported decision making - A person with a disability or impairment may make an agreement with a person or people they trust, called a "supporter." The parties to the agreement will work together to gather information and make life decisions such as the care the supported person wants to receive or where and with whom they want to live. In these cases, the supported person retains all rights to make decisions for themselves.
  • Power of attorney - To help avoid the need for court oversight, a person may use powers of attorney for healthcare or property to name a person that is authorized to make decisions for them.

Contact a Racine, WI Guardianship Attorney

If you are concerned about your ability to meet your own needs, you may want to explore your options for naming a person who will be allowed to make decisions for you or help you make decisions. If you are caring for an elderly family member or other disabled adult, you may wish to establish legal guardianship to ensure that you will be able to properly meet their needs. At Frozena Law LLC, we can help you understand your options and determine the best approach for meeting your or your loved one's needs. Contact our office at 262-237-8668 to arrange a consultation. We assist with adult guardianship cases in Kenosha, Bristol, Sturtevant, Union Grove, Racine, Pleasant Prairie, Lake Geneva, and Burlington.

Frozena Law LLC
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