There comes a time in some lives when an adult simply cannot take care of themselves any longer. For some it, this comes with a disability, others with injury or advanced age. In Wisconsin, these events are often dealt with by the appointment of a guardian. This article provides a brief summary of what a guardian does, and how one can acquire a guardian for the person, of the estate, or both.
Wisconsin’s Department of Health Services states that a guardian for an adult is a person or agency appointed by a court to act for an adult who has been found to have a functional impairment in decision-making or communication that meets the legal standard for a finding of incompetence. It is strongly presumed under Wisconsin law that a person over eighteen years of age is able to make decisions about their health care, where to live, and how to manage their financial affairs. In other words, they are presumed to be competent.
In order for a guardian to be appointed for someone, an interested party must petition the court for the appointment of a guardian. The court must then make a series of findings before it can appoint a guardian for an adult based on a finding of incompetence. The court must find the following:
• That the person is at least 17 years and 9 months old when the guardianship order ...
