When Should I Reach Out to a Guardianship Attorney?

Guardianship: a legal role that provides someone with the responsibility and authority to make decisions for someone unable to do so themselves.

Determining whether or not you’re ready to reach out to a guardianship attorney can be a difficult decision. Understanding the timeline, gathering necessary documentation, and finding the right attorney are some of the main determinants of when to start this process.

Guardian Roles and Purpose

The purpose of a guardian is to hold the power to make decisions for an individual who is unable to. Generally, a guardian not only serves as a decision-maker but also a care provider to their person. Some of these responsibilities and legal decisions can include:

  • Signing checks and paperwork
  • Education decisions
  • Medical decisions
  • Housing arrangements
  • Day-to-day care

In Wisconsin, there are essentially two main forms of decision-bearing guardianship for adults. A guardian of the estate makes decisions involving property, money, contracts, and legal representation. A guardian of the person makes decisions on behalf of personal care, medical services, support, and living situations. Within this parameter, there are also temporary guardians, standby guardians, and full or limited guardians. For minors in Wisconsin, there are four types of guardianship: full, limited, temporary, and emergency. Each of these guardianships follow different limitations and requirements, varying based on the needs and position of the minor.

Benefits of Guardianship

Before undergoing the process of obtaining guardianship, it’s important to understand the benefits of holding this role. Prior to becoming a guardian, you may already have a say or responsibility in the care and decisions of an individual. However, having the legal authority to make decisions on their behalf eases the process of medical procedures, paperwork, and any other legal matters.

One of the biggest benefits of legal guardianship is the safety and wellbeing of the individual for which you are caring. When they hold this responsibility themselves, it can be challenging to maintain their personal health and safety such as medication intake, day-to-day tasks, encompassing medical care they may need, and other environmental factors.

Initial Steps

Determining the right time to begin this process can vary based on the individual’s age, health, wellbeing, and other lifestyle factors. It’s important to know the process of obtaining guardianship can be a timely manner, therefore if certain life decisions are on the horizon try to plan your timeline accordingly. Once you’ve decided you’re ready to begin the process of guardianship, it’s time to understand the overall process and the necessary steps to take.

  1. Educate yourself

Prior to reaching out to an attorney, look up state websites to learn what exactly being a guardian in your state of residence entails. Additionally, search articles, blogs, and online forums that share others’ experiences. Gaining insight into this process and role is beneficial to being aware of what to expect.

  1. Communicate with your person of care

Inform and communicate with your person of care that you are undergoing guardianship. Keeping them in the know of this process allows them to better understand what’s going on.

  1. Research attorneys and firms

There is a plethora of guardianship attorneys and firms that are willing to help. Do research to find a firm that works for you and your situation. Once you’ve chosen an attorney and course of action, they will guide you through the remainder of the legal processes.

For further information and guidance with guardianship, connect with local government agencies or organizations and check out their online resources. Some informative online sources, specific to Wisconsin guardianship, include:

Here at Covey, we’re to help. We strive to foster an environment full of growth, support, and community. Learn more about us and our mission.

Blog