A Guardianship Attorney plays a crucial role in managing Guardianships and Conservatorships, which protect a person and their finances if they suffer from a legal incapacity, such as Alzheimer’s, dementia, or the effects of a severe accident involving a brain injury. These legal designations give authority to another party, overseen by experienced Guardianship Attorneys, to make decisions involving medical, financial, investment, and other crucial matters that the individual is deemed incapable of creating independently.
Guardianship
Guardianship allows one to have custody over another person, like a parent over a child. In guardianship cases, the Court finds that the person is “incompetent” (typically because the person is either a minor or an adult with developmental disabilities) and needs a guardian to make all legal decisions. Guardians must follow particular guidelines, including the duty to provide care, comfort, and maintenance (including food, clothing, shelter, health care, and social and recreational requirements) for the incapacitated person in their care. They may also be required to provide training, education, habilitation, or rehabilitation when necessary. Guardians must report to the Court every year and give a detailed account of how the protected person has been treated and how the secure person’s money was spent. Setting up guardianship is relatively easy, but maintaining it has become time-consuming, complex, and fraught with issues. An experienced attorney can help you navigate through these issues.
Conservatorship
A conservatorship is a mechanism for granting power over another’s financial estate. The conservator is tasked with the duty of handling the economic interests of the protected person. The conservator pays for the care, education, and housing of the protected person out of the protected person’s estate. The conservator is also responsible for investing the secure person’s assets following their fiduciary obligations. Should the need arise to sell any real property, the conservator, with court supervision, may do so. Typically, conservatorships are utilized by families when one of the family members has unique needs. Combined with a Special Needs Trust or a Supplemental Needs Trust, the protected person and the family can create a comprehensive estate plan for the secure person.
Contact Us for a Consultation With One of Our Guardianship Attorneys
The actions of a guardian or conservator are far-reaching and the appointment requires a court hearing and a background check. If you need assistance with guardianship or conservatorship, contact us today. For a consultation with a highly skilled guardianship and conservatorship attorney at our firm, Doar, Drill & Skow, call 877-890-7934 toll-free or contact us online. Located in New Richmond, we serve clients throughout western Wisconsin.
