Estate planning is not just planning for your death; it is also about planning for your incapacity?
When Guardianship Becomes Necessary
If a power of attorney has not been designated by a person who later requires help, a court-sanctioned guardianship may become necessary. If the court decides that a person is no longer competent to manage his or her own affairs, it has the power to appoint someone else (often an adult child) to make decisions for him or her. Guardianships may be "of the person" (for decisions relating to the person's well being) or "of the estate" (for decisions relating to the person's finances) or both.
In Waukesha County, clients can turn to the Delafield, Wisconsin, attorneys at Zimmerman & Steber Legal Group for legal guidance in this area. If you have been appointed as a guardian or feel you may need to assume guardianship responsibilities, please contact us by e-mail or call us at 262-646-4850 to schedule a consultation.
How Does the Guardianship Process Work?
Guardianship proceedings are initiated through a petition, and must be made in the county where the ward (the person who is no longer competent) lives. The simple fact that an elderly person has become forgetful or needs help getting up the stairs does not constitute incompetency; a medical examination and physician testimony is required to establish mental or physical incompetency. Once guardianship is established, the appointee will be responsible for making medical and financial decisions for the ward. Guardians must make annual reports to the court. Because of the obligations of being a guardian, there are also potential liabilities. Your lawyer can explain the legal process to you and help you avoid potential pitfalls.
Contact Us to Discuss Your Guardianship Needs
We serve clients throughout Waukesha County and southeastern Wisconsin in matters relating to estate planning, probate and guardianship. To schedule a consultation to discuss your needs, please call us at 262-646-4850 or contact us by e-mail.