Healthcare Law

Home/Healthcare Law

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?

Can You Be Involuntarily Committed in Wisconsin?

By Carlos Gamino. Click here for audio version.

If you’re like many people, you’re not sure whether you can be involuntarily committed in the state of Wisconsin – or what happens when a court orders you to seek treatment that you don’t want. This guide explains.

Can You Be Involuntarily Committed in Wisconsin?

In some cases, you can be involuntarily committed to a mental health facility or treatment facility in Wisconsin. That means that the state or county can order you to the care and custody of one of these entities or facilities, even without your consent.

Under Wisconsin law, the courts can require involuntary treatment for someone who’s considered dangerous, treatable, and is:

  • Mentally ill
  • Drug-dependent
  • Developmentally disabled

What Does “Dangerous” Mean When it Comes to Involuntary Commitment?

In order for the court to order you to receive involuntary treatment, you must be considered dangerous. However, dangerous doesn’t necessarily mean you’re going to go out and harm other people. In fact, the law says you can be considered dangerous because you are (or seem to be) likely to:

  • Harm yourself
  • Harm others
  • Injure yourself or others due to impaired judgment
  • Be unable to care for yourself by satisfying your basic needs for nourishment, medical care, shelter or safety
  • Remain drug dependent or refuse medication or treatment that you need

How Can Someone Have You Involuntarily Committed in Wisconsin?

There are three ways an individual or the state can initiate involuntary commitment proceedings:

  1. A statement of emergency detention by a law enforcement officer. In this case, an officer can take you into custody if they believe you’re mentally ill, drug dependent or developmentally disabled and taking you into custody is the least restrictive alternative for your needs. Additionally, the officer must show that you made a recent threat or attempt at suicide, a threat or attempt to harm others, there’s a serious probability of you harming yourself or others due to your impaired judgment, or there’s a serious probability that you’ll die or become seriously injured because you can’t feed yourself, seek medical care, or find shelter or safety.
  2. A statement of emergency detention by a treatment director. If you’ve been voluntarily admitted to one of several treatment facilities, the treatment director can sign this statement to detain, evaluate, diagnose and treat you if you meet the same conditions that you’d meet for a law enforcement officer to take you into custody.
  3. A three-party petition process. Three adults – at least one of whom knows you personally – must submit a petition for an examination.

Do You Need to Talk to an Attorney About Involuntary Commitment?

If you need to speak with an attorney about commitment in a mental health facility or treatment facility, we may be able to help you and give you the legal advice you need. Call our office today at 414-383-6700 to schedule your free consultation. We’ll work hard to get you the best possible outcome.

Attorney Carlos Gamino

By |2021-11-23T11:40:25-06:00October 26th, 2021|Healthcare Law, Mental Health Law|Comments Off on Can You Be Involuntarily Committed in Wisconsin?


Go to Top