Guardianship in Madison, WI
Guardianship for Elderly or Incapacitated Individuals
In guardianship cases, an individual or entity is appointed by a court to make decisions for another person who is considered to be incapacitated. Guardianship is used to provide care for an elderly individual who is no longer able to make their own decisions, or for a minor who is not old enough to legally make their own decisions. The term "incapacitated" can have a broad meaning, and can include an individual who is unable to make their own decisions due to mental illness, drug or alcohol addiction, or a physical disability. Guardianship is a serious matter, and a guardian is responsible for managing the financial and personal affairs of the individual who is under their care.
What Is the Difference Between Conservatorship and Guardianship?
In some cases, it may be more appropriate to appoint a conservator rather than a guardian. A conservator is a person or entity appointed to manage the financial affairs of another individual. If the individual who is under a guardian's care has a substantial amount of assets or property, it may be more appropriate to appoint a conservator to manage the property. A guardian is appointed to make personal decisions for the individual under their care. Guardianship and conservatorship can be similar in some cases, but it is important to understand the differences between the two legal arrangements.
What Is the Process for Appointing a Guardian?
The process for appointing a guardian for an incapacitated individual varies depending on the circumstances. The court will appoint a guardian for a minor if the minor's parents are deceased, or if their parents are unable to care for the minor. If an elderly individual is incapacitated, the court will appoint a guardian if the individual does not have a valid Durable Power of Attorney, or if the individual has no family members or friends who are willing to serve as the guardian. If an individual has a spouse, the spouse is generally the best choice to serve as the guardian.
The court will also appoint a guardian if the individual is under the age of 18 and has no parents or legal guardians who are willing to serve as the guardian. If the individual is under the age of 18 and has parents who are willing to serve as the guardian, the court will consider the wishes of the child before making any decision. If the child is over the age of 14, the court will consider their wishes as well. If the court appoints a guardian for a minor, the guardian will be required to file a bond with the court to ensure that the guardian will properly manage the affairs of the minor. The court will appoint a guardian for an elderly individual if the individual does not have a spouse, or if the spouse is not willing to serve as the guardian. If an individual has a spouse, the court will consider the wishes of the spouse before making a decision.
When the court appoints a guardian, the guardian must file a bond with the court to ensure that the guardian will properly manage the affairs of the individual under their care. The court will also require the guardian to attend a guardianship training course before taking on their new role. Our firm offers guardianship training classes for those who have been appointed a guardian for an elderly individual or a minor.
Guardianship Attorney in Madison, Oregon, and Monona
At Krause Estate Planning & Elder Law Center, our attorneys have years of experience in guardianship cases. We will help you navigate the legal process and make sure that your rights are protected throughout the guardianship process. We offer guardianship services in Madison, Oregon, and Monona, and we are happy to meet with you at our office or at a location that is most convenient for you.
Contact our office at (608) 344-5491 to speak with a knowledgeable attorney about guardianship.
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Daniel J. Krause
Krause Estate Planning & Elder Law Center was founded by Dan Krause, a former Army JAG Attorney (Major, Retired). We take great pride in our stellar reputation for steadfast service and loyalty to our clients through both the good times and the challenges of aging and disability.
With over 20 years of estate planning experience, our founder, Dan Krause has helped thousands of clients feel better about their future by setting them up with comprehensive and effective estate plans. Dan is also a Board Certified Estate Planning Law Specialist*, one of only eight such specialists in Wisconsin.
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