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Wisconsin Guardianship Lawyers Serving Green Bay & Appleton

Are you trying to get the legal authority you need to help a family member who requires extra assistance? In these cases, you may need something referred to as a guardianship.  Wisconsin’s guardianship process can involve strict rules, court hearings, and detailed paperwork. One mistake could slow things down or put your case at risk, but you don’t have to handle it alone.

Peterson, Berk & Cross, S.C. helps families with adult and minor guardianship matters in Green Bay, Appleton, and throughout Wisconsin. Our attorneys guide clients through petitions, hearings, medical documentation, guardian ad litem issues, and the court requirements that come with becoming a guardian.

Our Wisconsin estate planning attorneys can walk you through each step of the legal process. We can also help you decide if guardianship is actually the right path or if another option makes more sense. Contact us today to get started with your initial consultation and learn how we can help.

What Is Guardianship?

Guardianship is a legal arrangement in which a court gives someone the authority to make decisions for another person. In Wisconsin, guardianship can apply to children or adults who cannot manage their own needs. There are two main types: guardianship of the person and guardianship of the estate. A guardian of the person makes decisions about things like health care, education, and where the person lives. A guardian of the estate handles the other person’s money, property, and finances.

Adult & Minor Guardianship in Wisconsin

  • Minor Guardianship of the Person – In Wisconsin there is not a legal process for child to be emancipated from adult supervision and protection.  The Wisconsin Children’s Code, Chapter 48 of the Wisconsin Statutes, outlines methods to protect children when parents are unwilling or unable to provide the necessary supervision and protection of their child.  One of the more powerful tools that can used in these cases is appointing a guardian of the person for a child.  This can be a full guardianship, where all necessary powers of a parent are transferred to the guardian until the child turns 18, or a limited guardianship, where only certain powers are transferred for a specific period of time.  A minor guardianship can also put together on a temporary or emergency basis depending on the circumstances.

  • Minor Guardianship of the Estate – Children are not allowed to enter into contract under Wisconsin law and generally do not manage significant amounts of money.  In situations where a child has amassed a significant amount of property, often through gifts or an inheritance, the court can appoint an adult to manage the property for the benefit of the child.  This is referred to as a Guardian of the Minor Estate.  This individual may even be the child’s parent.  The Guardian of the Minor Estate is monitored by the court and will file annual accountings of how the money has been managed until the child turns 18.

  • Adult Guardianship of the Person – Adults who can’t manage their own personal needs due to illness or disability may need to have a trusted person to assist in his or her daily care.  This individual is referred to a Guardian of the Person.   A doctor or psychologist must confirm that the person cannot make their own decisions before the court will approve. If the court agrees with the recommendations of the petitioning party and doctor, the court will find that the individual (referred to as the “ward”) as incompetent and will appoint the guardian to care for the ward.  Judges can appoint friends or family members to act as guardian, or a separate professional referred to as a “corporate guardian” depending on the situation.

  • Adult Guardianship of the Estate – Adults who can’t manage their personal finances may need to have a trusted individual to assist in managing their property and pay their bills.  This individual is referred to as Guardian of the Estate.  As with the Guardian of the Person, the guardian may be someone known to the individual or an independent professional referred to as a corporate guardian.  The Guardian of the Estate will manage the income and assets of the ward and file annual accountings as to the status of the ward’s finances with the court.

  • Conservatorship – Different states use different terms for guardianship.  Some states use the term conservator, or conservatorship, to describe what is referred to in Wisconsin as a guardianship.  In Wisconsin, a conservatorship is particular form of a legal action that operates in an extremely similar fashion as an adult guardianship of the estate.  Similar to a guardian of the estate, a conservator is an individual who is appointed by the court in order to assist an individual in managing his or her finances.  The conservatorship is an ongoing action, like a guardianship of the estate, and will require the same annual filings that a guardian of the estate requires.  The principle difference is that a conservatorship is a voluntary court action.  This means that the individual subject to the action asks the court for the conservator to be appointed.  The result is that the individual is not found to be incompetent and does not have his or her rights taken away.  It is also much simpler to terminate the appointment of a conservator since the appointment is dependent on the approval of the individual.

Constitutional Rights and Guardianships

The core process of any type of guardianship is intrusive towards an individual’s constitutional rights and freedoms.  In general, a guardianship takes away the decision-making freedoms protected under the constitution, such as a person’s independence with an adult guardianship or a parent’s ability to raise his or her child in the case of a minor guardianship.  A guardianship does not destroy or terminate these rights, but it does remove them from the ward or parent and transfers the power to the guardian. 

In the case of an adult guardianship great care is taken by the courts in order to find the least restrictive option for the ward when fashioning the guardianship.  The goal is to preserve as much dignity and freedom as possible for the individual subject to the guardianship.

In the case of minor guardianships, the court will be focused on the balance between preserving the parent child relationship against the specific needs of the child.  This can include visitation and ordered contacts between parent and child; but may also include intensive therapy and specific requirements for the parents to build trust with the child.  These orders will be dependent on the specific facts and traumas that the child may have suffered.  

Supported Decision-Making as an Alternative to Guardianship

Some adults use supported decision-making agreements instead of guardianship arrangements. Supported decision-making allows adults with disabilities to stay in charge of their own lives while still getting help with important choices. These documents or agreements often help preserve the individual’s freedom and dignity.  It can also limit the need for court involvement. Instead of asking a court to assign a guardian, the adult signs a written agreement with one or more trusted supporters. These supporters help the person understand their options, talk through choices, and communicate decisions. The adult keeps all legal rights and can end the agreement at any time. Schools must share information about supported decision-making with students who have disabilities as they approach age 18. This approach works best for adults who can understand and make basic choices with help. Families and professionals often consider supported decision-making before guardianship. In some cases, this approach can fully meet the adult’s needs without taking away their legal rights.

The Guardianship Process

If you want to become a guardian in Wisconsin, you must follow a specific legal process. The court must review the facts, hear from the people involved, and decide whether guardianship is appropriate. This process applies whether the guardianship involves a child or an adult. The court also takes steps to protect the rights of the person who may need a guardian. Understanding each step can help you know what to expect and how to prepare.

For families in Green Bay, Appleton, and other Wisconsin communities, guardianship cases are usually handled through the circuit court in the county where the child or adult lives.

Here’s a breakdown of the main steps in the guardianship process:

  • File a Petition – You start by filing a Wisconsin guardianship petition with the court in the county where the person resides. The petition should explain why guardianship is necessary and include basic information about the person and the proposed guardian.
  • Serve Notice – You must deliver legal notice of the petition and upcoming hearing to specific people, such as the person’s parents, relatives, or legal representatives.
  • Appoint a Guardian ad Litem (GAL) – The court picks a GAL to meet with the child or adult, review the situation, and report to the court. The GAL gives input about what would be best for the person’s interests.
  • Schedule and Attend a Hearing – The court schedules a hearing to hear evidence and review the facts. Everyone involved can speak, and the judge may ask questions.
  • Receive a Court Order – If the court agrees that guardianship is needed, it issues a written order and official letters of guardianship explaining the guardian’s powers.
  • Follow Court Rules After Appointment – After becoming a guardian, you must follow all court requirements, such as filing reports and attending future hearings.

While general process will be followed by both Adult and Minor Guardianship, each of these forms of guardianship will have additional specific steps, interested parties, and strategies unique to the facts and constitutional rights each presents.  It is important to talk with an attorney experienced in Wisconsin law in order navigate the particular needs of your situation.

How Wisconsin Guardianship Lawyers Help Families

Whether you’re trying to become a guardian for a child or an adult, the legal process can feel overwhelming. An experienced guardianship lawyer can guide you through this process and help you avoid potential problems by:

  • Preparing and filing your guardianship petition
  • Gathering medical or other records needed to support your case
  • Reviewing court orders or past legal documents
  • Explaining what type of guardianship fits your situation
  • Helping you understand what duties you will have as a guardian
  • Identifying and following all court rules and timelines relevant to your case
  • Communicating with the guardian ad litem or other parties
  • Responding to objections or questions from others involved
  • Attending court hearings with you and speaking on your behalf
  • Drafting any additional paperwork the court requests
  • Advising you on your reporting duties after your appointment
  • Helping you modify or end a guardianship later if necessary

Contact a Wisconsin Guardianship Attorney Serving Green Bay & Appleton

If you need help with a guardianship matter in Wisconsin, contact Peterson, Berk & Cross, S.C. Our team can review your situation, explain your options, and guide you through your next steps. Get in touch with our estate planning attorneys now to arrange your initial consultation. Our guardianship attorneys serve families in Green Bay, Appleton, and communities throughout Wisconsin.

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