Most people take for granted that they can make personal and financial decisions on their own. Sometimes, however, a person is not able to do so and requires assistance. The court can appoint a guardian or conservator to help a person who is incapable of handling some or all aspects of their lives. A loved one may need to request a guardian from the court. It is helpful to learn more about guardianship and conservatorship in Wisconsin.
What is a Guardian?
A guardian is a person appointed by the court to manage a person’s personal affairs. Guardianship is used in situations where a person is incapable of making decisions or managing their own lives because of their age, disability, or illness. There are two kinds of guardianships, including personal and estate.
- Guardianship of Person – In this type of guardianship, the guardian makes decisions regarding a person’s health, welfare, and safety.
- Guardianship of Estate – A guardian of the estate handles all financial matters on behalf of a person. This person takes care of paying bills, making financial transactions, and handling assets for the person.
Guardians take care of day-to-day needs as they arise. Guardianships are initiated by a loved one who recognizes the inability to manage their lives. The court may appoint the same person to oversee both functions or may appoint two different people.
Understanding Conservatorships
A conservatorship is a legal assignment where the appointee oversees a person’s finances and makes decisions for a person who is unable to do so on their own. The main difference between a conservatorship and a guardianship is that a person may voluntarily request a conservatorship if they feel the need. Conservatorship may be helpful when a person is able to make their daily decisions but requires assistance with financial matters. A person with a conservator is still allowed to make regular decisions on their own.
Which Option Is Best?
When deciding whether to choose guardianship or conservatorship, you will want to consider several factors. The one you choose will depend on the specific details of your situation. Guardianships are more common than conservatorships; however, the choice should be based on need. A guardianship will require you to submit medical proof and provide expert testimony to show the judge that the person indeed requires a guardian. A conservatorship may not require the same proof if the person voluntarily agrees with the request. If a loved one needs help making most or all of their daily life decisions, a guardian is likely a good option.
Generally, when a person is unable to manage their own affairs, they will require assistance from a guardian. Guardianship is helpful for children or adults who have cognitive disabilities or impairments, learning disabilities, or an intellectual disability. When a guardian or conservator is appointed, they are required to make regular reports to the court, which oversees the appointment.
To seek guardianship or conservatorship, you will need to file a petition with the court and provide evidence at court hearings. A knowledgeable attorney will help you through the process. To learn more, contact us at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to schedule a consultation.