When Is A Guardianship Necessary?

A guardianship can be temporary or permanent, depending on the circumstances. Guardianships are also granted for either personal or financial purposes. A guardianship is more often granted in cases where the person for whom it is sought — the proposed ward — is a minor or someone deemed incompetent by the court. Once appointed, guardians in the state of Wisconsin must report to the court on an annual basis. A guardian's conduct is always subject to the court's scrutiny and may be called into question at any given time. A guardianship terminates when the ward turns 18, regains competency or dies.

At Gagne McChrystal De Lorenzo & Burghardt, we understand how complicated guardianship cases can be. Let us provide the legal guidance you need to obtain guardianship for a loved one today.

Let An Attorney Take Care Of Disputes

Much like the process for adoption, a guardianship case can be relatively quick and easy. If all parties involved agree on the nominated guardian, this can reduce the time spent in court.

However, if a disagreement arises, the process can:

  • Become lengthy
  • Become expensive
  • Require many court appearances
  • Include evidentiary hearings

Whether there is a dispute or not, the court will appoint a guardian ad litem for the duration of the case. This person is responsible for determining what is in the proposed ward's best interests. Since each guardianship case has its own unique factors, it may be necessary for an attorney to step in. A skilled litigator or mediator can help you resolve conflicts, allowing you to focus on the needs of the ward.

Learn More At A Consultation With Us

If a guardian becomes unable or is unwilling to serve, the court can appoint a standby or successor guardian. Although two people may serve as co-guardians, this is typically not ideal. Co-guardians must agree on every matter and must be present to sign documents. This could lead to future problems if the co-guardians disagree on how to address a particular issue.

If you are considering a guardianship for a loved one or becoming a guardian, or have child guardianship or support concerns, reach out to one of our lawyers. At your consultation, our attorneys will provide you with a detailed explanation of your options. We can help you understand the process, put to rest any fears you may have, and help you get started. Contact our Milwaukee-based firm via email or call 414-914-2833 for answers today.