Waukesha Guardianship Lawyer

Waukesha Guardianship: Care and Protection for Your Loved Ones under Elder Law

Guardianship is a legal process that allows a responsible adult to make decisions for a minor, an elderly person, or an individual with disabilities who can’t care for themselves. In Waukesha, the guardianship process is designed to protect the vulnerable, so they get the care and support they need while preserving their rights and interests.

We know seeking guardianship for a loved one is a tough decision. Whether you’re stepping in to care for a minor child, an aging parent, or an adult with disabilities, our Waukesha guardianship attorneys will provide the legal guidance and support you need to get through this. Navigating the legal system can be challenging and frustrating, but our experienced lawyers are here to help with your specific guardianship needs, ensuring you understand your options and can effectively pursue your goals.

Types of Guardianship in Wisconsin

Wisconsin has two types of guardianship:

• Guardian of the Person: This type of guardianship is when an individual is appointed by the court to make decisions about the person’s care, medical treatment, and living arrangements. This is often for minors, elderly individuals who can’t care for themselves, or adults with developmental disabilities.
• Guardian of the Estate: A guardian of the estate manages the ward’s financial affairs. This includes income, paying bills, managing investments, making financial decisions, and making sure the ward’s financial needs are met. This type of guardianship is often appointed when an individual can’t manage their financial affairs due to disability, age, or other reasons.

In some cases, the same person can be appointed as both guardian of the person and guardian of the estate depending on the ward’s needs.

A Waukesha Guardianship Example

A Waukesha grandmother had just lost her daughter unexpectedly and found herself caring for her young grandson. Although she was already caring for him daily, she quickly realized she needed legal authority to make decisions about his education, healthcare, and other aspects of his life. She came to us for help with getting legal guardianship.

Our Waukesha guardianship attorneys walked her through the process, explaining the legal requirements and gathering the necessary documents to present to the court. We filed the petition for guardianship and appeared with her at the court hearing. The court granted her guardianship and now she can legally care for her grandson and make decisions for him. This is why it’s so important to have legal guidance when seeking guardianship so you can care for and protect your loved ones.

The Legal Process of Guardianship in Waukesha

Establishing guardianship in Waukesha involves several steps, each designed to protect the ward’s rights while meeting their needs. Here’s what you can expect:

1. Filing a Petition: The first step is to file a petition with the court. This petition must include information about the ward, the proposed guardian, and why guardianship is necessary. Our attorneys can help you gather the necessary documents and file the petition.
2. Court Investigation: After the petition is filed, the court will typically order an investigation to assess the ward’s needs and the proposed guardian. This may include interviews with family members, medical evaluations, and reviews of the ward’s financial situation.
3. Court Hearing: A court hearing will be scheduled where the judge will review the evidence and hear testimony from the proposed guardian and other interested parties. We will represent you at this hearing, advocating for the ward’s best interests and your rights.
4. Appointment of Guardianship: If the court determines guardianship is in the ward’s best interest, an order will be issued appointing the guardian. The guardian will then have legal authority to make decisions for the ward, as guardian of the person, guardian of the estate, or both.
5. Ongoing Responsibilities: Guardians must act in the ward’s best interest at all times and may be required to file regular reports with the court detailing their actions and decisions. We can help you with these responsibilities to ensure you comply with all legal requirements. Additionally, guardians are required to file annual reports with the court, outlining their care and management of the ward’s affairs.

Why You Need Legal Help in Guardianship Situations

The guardianship process is complicated and emotional especially when it involves a loved one. You need knowledgeable legal guidance to walk you through each step to ensure the guardianship is established correctly and the ward’s rights and needs are fully protected. Experience in elder law and the role of guardianship lawyers are crucial in navigating these legal proceedings, particularly in contested cases.

Our Guardianship Services:

• Petitions for guardianship of minors and adults
• Representing clients in guardianship hearings
• Advice on ongoing guardian responsibilities
• Navigating guardianship disputes
• Temporary and permanent guardianships

We know how difficult it is to seek guardianship for a loved one. Our Waukesha guardianship attorneys will be there to provide kind and competent legal help so your loved one can get the care they need.

Contact us today to schedule a consultation if you’re considering guardianship for a minor or adult in Waukesha. We’ll help you through this process and get the care your loved one deserves.

Directions To Our Waukesha Law Firm:

From Brookfield, WI (via WI-59 W):

• Take WI-59 W/Bluemound Rd west toward Waukesha.
• Continue on WI-59 W and take the exit toward WI-164 N.
• Turn right onto WI-164 N/North St, then turn left onto N Grand Ave.
• Continue to 741 N Grand Ave, Suite 304.

From Pewaukee, WI (via I-94 E and WI-164 S):

• Take I-94 E toward Milwaukee.
• Take exit 294 for WI-164 S toward Waukesha.
• Follow WI-164 S to N Grand Ave in Waukesha.
• Continue to 741 N Grand Ave, Suite 304.

From New Berlin, WI (via I-43 S and WI-164 N):

• Take I-43 S and exit onto WI-164 N.
• Continue on WI-164 N toward Waukesha.
• Turn left onto N Grand Ave.
• Continue to 741 N Grand Ave, Suite 304.