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Elder Law

Is it Possible to Get Guardianship of a Sibling in Wisconsin?

By Carlos Gamino

If you’re like many people, you’ve heard of guardianship – that’s what it’s called when an adult takes responsibility for another person. The adult taking responsibility is called the guardian, and the other person is called the ward.

Sometimes, it’s possible to get guardianship of a sibling. This may happen when your parents aren’t able to properly care for your brother or sister, or when your parents are deceased. In order to get custody of your sibling, you must apply for guardianship.

Guardianship of a Sibling in Wisconsin: The Basics

There are two main types of guardianship available in Wisconsin. Guardianship for minors is only for children under the age of 18, while guardianship of incompetent adults is for anyone who’s at least age 17 years and nine months.

If your sibling is a child, you need to pursue guardianship for minors; if they’re an adult who can’t care for themselves, your attorney will suggest that you pursue guardianship of an incompetent adult.

Related: What you need to know about grandparents’ visitation rights in Wisconsin

What is a Guardian of a Minor Responsible For?

As a guardian, you are responsible for making decisions, giving consent and advocating for your sibling. It’s up to you to care for your brother or sister when you become their legal guardian. It’s also your job to enroll them in school, provide them with shelter and ensure that they’re healthy. Essentially, you take on the role of parent – at least in a legal sense.

Related: Can dads win custody battles in Wisconsin?

How to Get Guardianship of Your Young Sibling

It may be in your best interest to work with an attorney to get guardianship of your minor sibling. That’s because in order for a judge to agree that your parents – if they’re living – are unfit to parent your sibling, you need to provide a significant amount of proof. Judges don’t take guardianship decisions lightly.

If your parents are deceased, your attorney will be able to give you the guidance you need on getting guardianship of your sibling.

Related: What is elder guardianship in Wisconsin?

Do You Need to Talk to an Attorney About Getting Guardianship of Your Sibling?

If you need to get guardianship of your sibling in Wisconsin, you should speak with a family law attorney who understands how the law works and how to start the process. Call us at 414-383-6700 now to schedule a consultation with someone who may be able to help you.

Attorney Carlos Gamino

By |2022-09-02T11:49:56-05:00October 25th, 2022|Elder Law, Family Law, Guadianship Law|Comments Off on Is it Possible to Get Guardianship of a Sibling in Wisconsin?
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Should You Seek Guardianship of Your Elderly Parents in Wisconsin?

By Carlos Gamino

For many people, caring for aging parents is a way of life. But does it make sense to seek guardianship of your elderly parents in the state of Wisconsin? This guide explains.

What is Elder Guardianship in Wisconsin?

Elder guardianship is a legal process that allows someone to be appointed by the court to make decisions on behalf of an elderly person who is unable to do so themselves. This can include decisions about their medical care, living arrangements, and financial affairs.

The person who is appointed as the elder guardian is typically a close family member or friend, but can also be a professional guardian. The court will decide who is best suited to serve as the elder guardian based on the needs of the elderly person and the ability of the potential guardian to meet those needs.

If you are considering asking the court to appoint someone as your elder guardian, it is important the to understand the process and what it entails. This includes knowing the rights and responsibilities of both the guardian and the person they are appointed to protect.

Related: What is protective placement in Wisconsin?

Should You Seek Guardianship of Your Elderly Parents in Wisconsin?

There are many factors to consider when deciding whether or not to seek guardianship of your elderly parents in Wisconsin. First, you’ll need to decide if your parents are incapacitated and unable to make decisions for themselves. If they are, you’ll need to determine if they’re able to communicate their wishes regarding medical and financial matters. You’ll also need to consider whether or not your parents have the ability to live independently.

How to Seek Guardianship of Elderly Parents in Wisconsin

If you decide that your parents are unable to make decisions for themselves and that guardianship is necessary, you may wish to work with an attorney to file a petition with the court. The process of gaining guardianship of your elderly family members can be complicated, so most people find that working with an attorney helps simplify things.

Do You Need to Talk to an Attorney About Elder Guardianship in Wisconsin?

If you need help seeking guardianship of your elderly parents, we’re here for you. Our team has experience and guardianship and will always look out for your and your parents’ best interests. Please call our office today to schedule a free consultation with a caring professional who can give you the guidance and legal advice you need.

Attorney Carlos Gamino

By |2022-05-20T20:39:52-05:00July 28th, 2022|Elder Law, Guadianship Law|Comments Off on Should You Seek Guardianship of Your Elderly Parents in Wisconsin?
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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?
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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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