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Is Guardianship Right for Your Elderly Family Member?

By Carlos Gamino.

If you’re like many people, you know that guardianship exists to protect people’s best interests – and it may be necessary in caring for your own elderly family member. But what is guardianship of the elderly, and could it be the right choice in your situation? This guide explains elder guardianship so you can make an informed decision.

What is Elder Guardianship?

Elder guardianship is one way to protect at-risk elders from making harmful decisions. Through guardianship, a court may give you the authority to make decisions, give consent, and advocate for your loved one’s best interests. With guardianship, you may be able to protect your loved one from abuse, neglect and financial exploitation, as well as manage their finances and make decisions about where they should live, what types of medical treatments they should receive and how they should exercise their legal rights.

Related: What is permanent guardianship?

Guardianship may be the right choice if the person is incapable of making sound decisions on their own, whether it’s due to an illness or injury, developmental disabilities or something else. If you need to protect your incapacitated loved one from a serious risk of personal or financial harm, you may want to talk to a Wisconsin elder guardianship attorney about your situation.

Elder guardianship can be temporary or permanent, and the areas of your loved one’s life that you become responsible for will depend on the legal issues in your case. For example, you may be able to take control of your loved one’s finances to protect them from financial abuse, or you may be able to make medical decisions for that person; every case is different, and when you speak to an attorney about your situation, they’ll give you the advice you need.

Related: Who looks out for a child’s best interests?

How Do You Get Guardianship of an Elderly Family Member?

The only way to get legal guardianship of an elderly family member in Wisconsin is to go through the court system. For most people, the best course of action is to work with an attorney. If you’re considering pursuing guardianship of your elderly loved one, call us at 414-383-6700 now – we may be able to help you.

Attorney Carlos Gamino

By |2022-01-28T13:18:39-06:00December 8th, 2021|Elder Law, Guadianship Law, Healthcare Law|Comments Off on Is Guardianship Right for Your Elderly Family Member?

What is Protective Placement in Wisconsin?

Protective Placement in Wisconsin - Carlos Gamino

By Carlos Gamino

Protective placement is a way to appoint someone to make decisions on another person’s behalf – but it doesn’t apply to just anyone. It’s designed to help adults who are legally incompetent, which means they’re unable to make sound decisions on their own. Typically, these legally incompetent adults suffer from conditions that make decision-making impossible, such as developmental disabilities, memory loss, substance abuse issues, or chronic and serious mental illness.

What is Protective Placement in Wisconsin?

Protective placement, as outlined in Wisconsin law, is designed to keep people safe. Anyone can file a petition for the appointment of a guardian, but in order to do so, the petition must be based on the fact that the person alleged to need a guardian is at risk of harm to him- or herself or to others. A protective placement order can only come from a judge, and it authorizes the ward’s placement in a facility with the primary purpose of caring for the ward.

The person subject to protective placement doesn’t always have to agree to it. In some cases, courts will order involuntary protective placement – but this is certainly something you should discuss with your attorney.

Emergency Protective Placements in Wisconsin

Emergency protective placements are available in situations where the person is an immediate risk – either to him- or herself or to others. A person who requires an emergency protective placement might be taken into custody and transported to a medical facility, nursing home, hospital or center for the developmentally disabled, or another type of facility. Only sheriffs and police officers, firefighters, guardians or authorized county representatives can make emergency protective placements.

Restrictions and Protective Placement

Wisconsin law requires protective placements to be the least restrictive setting necessary to meet the individual’s needs.   

Do You Need Legal Advice on Protective Placement in Wisconsin?

In sensitive matters such as protective placement, it’s often best to discuss your needs with an attorney – and we may be able to help you. Call us at 414-383-6700 today to get answers to your questions; if we work together, we can help you and your loved one get the best possible outcome.

Carlos Gamino

By |2021-07-17T13:06:34-05:00January 25th, 2020|Elder Law, Guadianship Law|Comments Off on What is Protective Placement in Wisconsin?


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