Guardianship Attorney in Milwaukee
Guardianship Lawyers: Your Partners in Care and Custody
Niebler Pyzyk’s experienced guardianship attorneys specialize in navigating the intricacies of guardianship law in Wisconsin. With a deep understanding of guardianship laws in Wisconsin, we are committed to providing high-level legal services tailored to your circumstances. Whether you're looking to establish guardianship, modify existing arrangements or ensure the best interests of your loved ones, our guardianship lawyers are here to help!
What is Legal Guardianship?
In Wisconsin, a unique aspect of guardianship law is the concept of "Guardianship of the Person," which allows the court to consider the "least restrictive alternative" principle. This means that when appointing a guardian, the court must explore options which are least restrictive on the individual's personal freedoms and decision-making abilities. Wis. Stat. § 54.01(18) attempts to balance the goals of protecting the individual from abuse, exploitation and neglect with the need to respect the individual's right to self-determination.
Types of Guardianships in Wisconsin
- Temporary Guardianship: A temporary guardian is appointed to make decisions for a limited period, often during emergencies or while awaiting the outcome of a full guardianship proceeding. The temporary guardianship expires in 60 days but can be renewed for a second 60-day period.
- Guardianship of the Estate: A guardian of the estate is responsible for managing the financial affairs, assets and property of the ward. This includes handling financial transactions, paying bills, managing investments and handling other financial matters.
- Guardianship of the Person: This type of guardianship involves making decisions related to the personal care, medical treatment and living arrangements of the ward. The guardian of the person is responsible for ensuring the ward's well-being and safety.
- Guardianship of the Incompetent Person: This type of guardianship is specific to individuals with developmental disabilities. The guardian is responsible for making decisions related to the care, treatment and well-being of the individual.
- Guardianship of Minor: In cases where parents are unable or unwilling to care for their minor children, the court may appoint a guardian to take on the parental responsibilities and make decisions for the children's well-being until they are 18 years old.
- Guardianship ad Litem: This is a temporary type of guardianship appointed by the court to represent the best interests of a minor child or an incapacitated individual in legal proceedings. A Guardian ad Litem's role is to provide an independent assessment and make recommendations to the court.
Legal Guardianship for Adults with Disabilities
We understand the importance of upholding the rights and autonomy of individuals while supporting their well-being and protection. Whether you're considering guardianship, exploring alternative options like supported decision-making or need assistance with the legal process, our guardianship lawyers in Milwaukee provide expert advice and representation. Our goal is to ensure the best interests of the individual are upheld, and we will work diligently to create a guardianship arrangement that respects their wishes and preferences.
Limited Guardianship for a Minor
Unlike full guardianship, which grants the guardian authority over all aspects of the minor's life, limited guardianship focuses on addressing specific areas where the minor requires assistance while allowing them to retain decision-making capacity in other areas. Limited guardianship is designed to provide a balance between ensuring the minor's well-being and autonomy. It is typically sought when it's determined the minor is capable of making some decisions independently and needs assistance in specific matters due to cognitive, developmental or other limitations.
Can a Legal Guardian Deny Visitation?
In Wisconsin, a legal guardian is responsible for making decisions regarding the well-being and care of the person under their guardianship. This includes decisions related to visitation with family members, friends or others. However, the extent to which a legal guardian can deny visitation depends on the specific circumstances, the terms of the guardianship order and the best interests of the individual under guardianship.
If you're facing a situation where visitation with a person under guardianship is being denied and you have concerns about the individual's well-being, consult with Niebler Pyzyk’s guardianship attorneys in Milwaukee who specialize in guardianship laws in Wisconsin. Niebler Pyzyk can provide you with specific guidance based on the details of your situation and the relevant legal framework.
How Hard is it to Terminate Guardianship in Wisconsin?
To terminate guardianship in Wisconsin, you must prove to the courts guardianship is no longer necessary. This may seem like an easy standard to meet, but the court heavily weighs whether termination is in the best interest of the Ward. In some cases, courts do not agree a new guardian should be appointed.
Terminating guardianship in Wisconsin may be pursued if the individual's capacity improves, their wishes align with termination or circumstances change significantly. Conflict, abuse, neglect or reaching adulthood for minors are also common reasons guardianship may be terminated. Niebler Pyzyk is knowledgeable in Wisconsin Guardianship law and can guide you through the complex legal process involved with terminating guardianship in WI.
Guardian Termination Forms for Wisconsin
- Petition for Termination of Guardianship of the Person or Estate (Adult Guardianship)
- Petition for Termination of Guardianship of the Estate (Minor)
- Request to Modify Terminate Extend Limited or Temporary Reconsider or Modify Emergency
Guardianship (Minor Guardianship of the Person) - Order on Request to Terminate Guardianship (§48.9795, Wis. Stats.)