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Guardianship Attorneys in Madison WI

Exploring the necessity for a guardian for a loved one can be a pivotal moment in ensuring their safety and well-being. In Madison, WI, guardianship attorneys play a crucial role in navigating the complexities of Wisconsin guardianship laws to protect those who cannot protect themselves. This page offers an insightful look into how guardianship works in Wisconsin, the processes involved, and how a guardianship attorney can assist you through this sensitive journey.
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Kevin's firm handled setting up my will and trust recently. They took something that seemed intimidating and made it easy to understand. I've also referred a couple clients to Kevin - he's trustworthy, approachable and very fairly priced.


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About Guardianship Attorneys in Madison WI:

Guardianship Attorneys in Madison, WI: Ensuring Safety and Autonomy

Understanding Guardianship in Wisconsin

Guardianship in Madison Wisconsin establishes a legal framework where an individual, known as a guardian, is granted the authority to make critical decisions on behalf of another person, who is unable to make those decisions due to incapacity. This incapacity might stem from various conditions, including developmental disabilities, chronic mental illness, or the infirmities associated with aging. Wisconsin guardianship laws are designed to balance the need for protection with the individual's right to autonomy and dignity.

The Dual Path of Child and Adult Guardianship

  • Child Guardianship: A legal avenue designed to provide a child with a stable and supportive environment when their parents are unable to fulfill their roles due to various reasons such as illness, incarceration, or absence. This form of guardianship allows a guardian to make essential decisions for the child’s education and healthcare without severing the child's relationship with their legal parents.
  • Adult Guardianship: Often a more emotionally fraught decision, seeking guardianship over an adult typically arises when a loved one loses the ability to care for themselves or manage their affairs. Guardianship attorneys in Madison, WI, understand the delicate balance between respecting the individual's independence and addressing the family's concern for their loved one's safety and well-being.

The Guardianship Process in Wisconsin: A Story of Compassion and Complexity

Imagine the Smith family, longtime residents of Madison, facing the heart-wrenching realization that Mrs. Smith, a loving mother and grandmother, can no longer live independently due to Alzheimer's. The family's journey through the Wisconsin guardianship process reflects both the challenges and the deep care involved in such decisions.

After consulting with a Madison-based guardianship attorney, the Smiths learned about the necessary steps:

  1. Filing a Petition: Initiating guardianship requires filing a petition in probate court, detailing why Mrs. Smith needs a guardian.
  2. The Role of a Guardian ad Litem: The court appoints an independent attorney to assess the need for guardianship and recommend whether the proposed guardian is suitable.
  3. Medical Testimony: The process involves presenting medical evidence of Mrs. Smith’s incapacity.
  4. Protective Services Evaluation: Since Mrs. Smith may need residential care, an evaluation by Adult Protective Services is required to identify the least restrictive care setting.

This journey, while complex, was made smoother with the compassionate guidance of their guardianship attorney, who ensured the Smiths were well-informed and supported every step of the way.

Why Choose a Madison Guardianship Attorney?

  • Local Knowledge: Understanding of local court procedures and Wisconsin guardianship laws.
  • Compassionate Representation: Sensitivity to the emotional dynamics of guardianship cases.
  • Guidance Through Complexity: Expert navigation through the legal and procedural intricacies of guardianship filings, hearings, and evaluations.

Whether it's a child needing stability and care or an adult requiring protection and assistance, guardianship is a profound responsibility that can significantly impact lives. Guardianship attorneys in Madison, WI, stand ready to provide the legal acumen and empathetic support needed to navigate these challenging waters. If you're considering guardianship as a solution for your loved one, reaching out to a knowledgeable attorney is the first step toward safeguarding their well-being and dignity.

How to Reach out Madison Location:

From Middleton, WI
  • Take University Ave east and merge onto US-12 E.
  • Exit at Gammon Rd, turn right, and follow until Mineral Point Road.
  • Turn left on Mineral Point Road, right on Grand Canyon Drive, and then right on Normandy Lane.
From Sun Prairie, WI
  • Merge onto US-151 S and then onto I-90 W/I-94 W.
  • Take US-12 W/US-18 W exit, exit at S Whitney Way, and turn right.
  • Turn right on Tokay Blvd, left on S Midvale Blvd, right on Mineral Point Road, left on Grand Canyon Drive, and right on Normandy Lane.
From Verona, WI
  • Head north on Main St, slightly right onto W Verona Ave, and merge onto US-18 E/US-151 N.
  • Take the US-12 E exit, exit at Gammon Rd, turn left on Mineral Point Road, right on Grand Canyon Drive, and right on Normandy Lane.
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The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us.

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6527 Normandy Lane, #201A

Madison, WI 53719

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I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team.  Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys.  Many of our clients are going through difficult times in their lives when they reach out to us.  They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates.  We are here to help!

- Attorney Kevin O'Flaherty, Owner

Check Out Articles and Videos from our Guardianship Attorneys in Madison WI

Wisconsin Guardianship of Adults FAQ

Adult guardianship in Wisconsin represents a legal bond, designated by the court, wherein a guardian is appointed to make decisions for an individual who lacks the capacity to do so. You may wonder, who qualifies as lacking capacity? The legal criteria for incompetence in Wisconsin include a functional impairment in decision-making or communication. In essence, a guardian can be appointed for adults who have been determined to have a functional impairment in decision-making or communication that necessitates guardianship.

Read more about Wisconsin Guardianship of Adults FAQ

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