The Basics of Wisconsin Guardianship

 

 

It’s important to know what guardianship is, and why Guardianship Law is crucial to understanding it.

 

 

For starters, the concept of ‘guardianship’ is such that a person appointed by a court of law to have ‘custody’ of someone known as a “ward” of the court. That person is designated as a “guardian.” The guardian holds all the rights to the “ward” – physical custody, legal custody, everything.

 

 

In the state of Wisconsin, Guardianship Law is a serious issue separated into four different types:

 

 

1. Wisconsin Guardianship of Incompetent Person

 

2. Wisconsin Guardianship of Minor

 

3. Temporary Wisconsin Guardianship

 

4. Protective Placement

 

 

There’s the question of who is eligible for guardianship and who is not. Understanding all of these will help anyone determine which type of Wisconsin guardianship is best and who is eligible for guardianship and who is not.

 

 

Guardianship of Incompetent Person

 

 

Wisconsin guardianship of an incompetent person involves an individual over 18 who has a developmental disability either by recommendation of a doctor or by medical history. The guardianship process and application is such that all the correct documents and application must be provided.

 

 

Part of the guardianship process and application is that the prospective guardian may need to hire a qualified attorney to present the issue in court, and a Guardian ad Litem must be hired for the incompetent person, representing that person in a court of law.

 

 

Guardianship of Minor

 

 

Guardianship Law permits that all individuals under the age of 18 with no current guardianship – parents, relatives, etc. etc. – be able to acquire guardianship as long as someone suitable is provided – either by the court or by choice. That’s a major part of the guardianship process and application.

 

 

The same rules for the guardianship process and application apply here when it comes to Guardianship Law as they do with Guardianship of an incompetent person. A Guardian ad Litem also has to be hired for the purpose of representation in this part of the guardianship process and application.

 

 

Temporary Guardianship

 

 

There’s an easy answer to the question of who is eligible for guardianship and who is not when it involves temporary guardianship.

 

 

Guardianship Law also makes it possible for guardianship to be imposed immediately. This is usually utilized in conjunction with permanent guardianship in any fashion.

 

 

It’s temporary for that simple fact that it’s in process of the procedure to legitimize a guardian. As always, a Guardian ad Litem is hired, but only on a temporary basis. Typically, that temporary guardianship expires after 60 days unless an extension for another 60 days has been ordered.

 

 

Temporary guardianship can apply to any age, any demographic. Determining who is eligible for guardianship and who is not is relatively simple.

 

 

Protective Placement

 

 

This is a more severe form of guardianship in the sense that the “ward” not only waives rights to a guardian, but also must reside in certain facilities for the purposes of care and custody. Who is eligible for guardianship and who is not is never a question. Common examples would be a mental institution or a correctional facility.

 

 

Typically, this is a type of guardianship usually required by statute when concerning adults. Children usually don’t require protective placement.

 

 

The Process of Applying for Guardianship

 

 

The Probate Office in the county you reside in for Wisconsin would be the first step. Simply fill the correct application and deliver it to the office. You’ll get a response with a court hearing and date, which you’ll show up for to determine the case of guardianship accordingly.

 

 

 

 

Quick Guide to Georgia Guardianships

 

 

Georgia Guardianship Law

 

 

The majority of Georgia guardianship laws are provided under Title 29 Guardian and Ward of the GA Revised Code.  Section 29-2-1 provides that a Georgia guardianship can be defined as: 

 

 

1. a natural guardian 

 

 

2. a testamentary guardian (one without “custody” but with decisions on upbringing)

 

 

3. a temporary guardian 

 

 

4. a standby guardian (when legal parent is incapacitated and gives rights to another person)

 

 

5. permanent guardian

 

 

Georgia guardianships are granted by the local probate courts, and a permanent guardianship may be offered when the minor has no living parents or the legal rights of the parents have been removed by the court.  A temporary Georgia guardianship is granted when the legal guardian of the child needs a guardian for a particular reason.  When the child is a minor, the temporary guardian has the same rights of a natural guardian, and these rights include medical treatment and decisions in school.  

 

 

How to Qualify for Georgia Guardianship Rights

 

 

Georgia guardianships require initial qualifying factors and specific steps.  The state will normally give preference to relatives and caseworkers of the court before another guardian, but the state will never give preference to a person with a criminal background or a person with weak financial history.  

 

 

The steps listed below are general steps, and you should always consult with your local probate court and hire a family law attorney if you’re trying to qualify for Georgia guardianships: 

 

 

Step 1 File the Appropriate Forms

 

 

You need to submit a petition with the court before you take any other steps.  These petitions usually have you list why you should have Georgia guardianship rights, why your supervision is best for the child, financial information, and more.  

 

 

Pay the Fees and Undergo an Investigation

 

 

You will have to pay various filing fees and attorneys’ fees in most cases.  After you have submitted all of the necessary fees, the probate will conduct a criminal background check on the potential guardian.  These investigations are usually performed by caseworkers, social work professional, and personal care facility administrators and you will be asked a large amount of information.  

 

 

These investigations will examine your placement plan, your financial history, your ability to work with the ward, and whether this place is preferable to other Georgia guardianships.  

 

 

Undergo the Necessary Training

 

 

While or after the court is determining eligibility, probate courts in the state of GA will make all guardians view a training video and read a handbook prepared by the judges and administrations.  

 

 

If the court has determined the Georgia guardianship is in the best interests of the ward, a judge will assign specific responsibilities to the guardian.  If a minor turns 18, marries, or graduates from high school, the courts will usually terminate Georgia guardianships unless the guardianship is permanent.  

 

 

 

 

Guide to Connecticut Guardianship Laws

 

 

When a resident of Connecticut is unable to make decisions for themselves, CT guardianship laws allow a person or non-profit organization to make those decisions as the person's legal guardian.  This article will discuss the types of Connecticut guardianship arrangements that are available for guardianship of children and the disabled.  For more information or for specific advice about your legal situation, you may want to contact a CT guardianship attorney who can advise you further.

 

 

Connecticut Guardianship For Children

 

 

In most situations, a child's parent carries all decisionmaking authority for the child.  However, in some cases, a parent is unavailable or deceased, and the child must have a guardian appointed according to CT guardianship law.  If a parent is able to nominate a guardian, the court will typically give this nomination a great deal of weight.  A child's preferences may also be taken into account if they are old enough to make a reasonable choice about their Connecticut guardianship situation.

 

 

In some situations, CT guardianship is needed for a child due to a parent's disability or terminal illness.  In these cases, a type of Connecticut guardianship called standby guardianship is allowed.  When a standby guardian is approved, it makes the transition from parent to guardian substantially easier and can give a terminally ill parent peace of mind.

 

 

Connecticut Guardianship of the Person

 

 

Disabled people who are unable to make any personal care decisions may qualify for a type of CT guardianship called guardianship of the person.  If someone is appointed for this Connecticut guardianship arrangement, they will have the ability to make all day to day decisions for the disabled person, including basic personal care choices as well as bigger decisions about education, religion, and healthcare.

 

 

CT guardianship of the person is only awarded in cases where the disabled person is unable to care for him or herself or make any reasonable decisions about care.  It is generally considered a last resort for the disabled.  Connecticut guardianship may be obtained in these cases by either an individual or by a not for profit organization (either public or private).

 

 

Connecticut Guardianship of the Estate

 

 

If a person is capable of making some decisions about their personal care, but cannot be reasonably entrusted to handle their own finances, CT guardianship laws allow people to seek a different type of guardianship arrangement.  A Connecticut guardianship of the estate gives a guardian responsibilities for handling the estate and finances of a disabled person.  This type of CT guardianship is common when an elderly person is still living independently or in a nursing home, but is no longer capable of making good financial decisions due to dementia or advanced age.

 

 

Limited Connecticut Guardianship

 

 

In some cases, a person's disability may not require total CT guardianship over their estate or their person.  In these situations, limited guardianship may be awarded.  This is the most flexible type of Connecticut guardianship, and the responsibilities of a limited guardian will be clearly delineated by the court system at the time when guardianship is awarded.

 

 

 

 

Quick Guide to WV Guardianship

 

 

West Virginia Guardianship Laws

 

 

The “Guardianship and Conservatorship Act” is located in Chapter 44A of the state’s revised statutes.  For a link to all statutes on West Virginia guardianships, visit the following link.

 

 

The majority of information in this article about WV guardianship is referenced from the following document under the KDC Income Management Organization (formerly the Appalachian Benefits Assistance Corporation): 

 

 

Eligibility Factors for West Virginia Guardianships

 

 

According to state law, any adult may qualify for a West Virginia guardianship or conservatorship—or even both.  The court will investigate a person’s criminal background, financial history, former relationship with the ward (if any), and overall responsibility before considering a WV guardianship.  

 

 

A court will always prefer a family member(s), friend, or other person formerly associated with the ward before others for West Virginia guardianships.  

 

 

Duties within a West Virginia Guardianship

 

 

A court will always hear testimony from the ward before setting guidelines within the WV guardianship.  Additionally, apart from simply qualifying for the West Virginia guardianship, a guardian must complete the following duties: 

 

 

1. Mandatory Training for West Virginia Guardianships- after a person qualifies for WV guardianship, they must complete an educational class and training require by the court within 30 days of being approved.  Once the training for the West Virginia guardianship is completed, the guardian must submit an affidavit to the court. 

 

 

2. Order of Appointment- you must take an oath to fulfill all duties within West Virginia guardianships, and a copy of the order must be sent to the ward and all people who received a copy of the petition within 14 days of appointment.  

 

 

3. Annual Reports- most West Virginia guardianships require the guardian to file an annual report with the court.  The reports for West Virginia guardianships usually include the following:

 

 

• description of the current health of the ward and the following;

 

• living arrangements within the West Virginia guardianship

 

• medical, educational, vocational, and other services provided to the ward

 

• summary of your visits during the WV guardianship 

 

• statement of whether you agree with the current plan

 

• the need for extended WV guardianship

 

• other information the court may find useful

 

• the compensation you requested for the West Virginia guardianship, and other expenses you incurred

 

 

How do I file for a West Virginia Guardianships?

 

 

In order to petition for West Virginia guardianships, you’ll have to file a petition with your circuit court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the WV guardianship is in the best interests of the ward.  For a list of West Virginia courts, click on the link. 

 

 

West Virginia guardianships also give the respondent certain rights after the petition has been filed.  The respondent must be notified of the place and time of the hearing for the West Virginia guardianship, be represented by legal counsel, be present at all proceedings except if they have a medical exception.  The respondent also has a right to trial by jury and may even cross examine witnesses.  

 

 

 

 

Frequently Asked Questions about Delaware Guardianship

 

 

What is Delaware guardianship?

 

 

Delaware guardianship law controls how individuals take on the powers, rights and duties for protecting and managing a child, responsibilities which are typically bestowed upon legal parents. 

 

 

Once Delaware guardianship is legally granted, a guardian becomes practically a parent legally. One of the few differences between Delaware guardianship and parental status is that a third party cannot sue a guardian for a misdeed committed by their child. Additionally, guardians can have their rights limited by the court, while parents cannot.

 

 

What is Permanent Delaware Guardianship?

 

 

Permanent Delaware Guardianship allows for a child to develop a permanent self-sustaining relationship between a child and an adult, but it does not infringe on the parenting rights of child’s actual parents, which separates Permanent Delaware Guardianship from full legal adoption.

 

 

A Custody Order is also bestowed along with Guardianship, which implies that a Permanent Guardian is expected to have custody of the child, see them regularly, and have responsibility for their care and maintenance, as well as their education, travel, eating, and location.

 

 

The only individuals eligible to apply as Permanent Delaware Guardians are blood relatives and foster parents. Importantly, the child’s actual parents may not petition the court to change or revoke another individual’s Permanent Guardianship rights over their own child. Additionally, Delaware Guardianship Law does allow for the somewhat unusual situation of a parent paying child support to the Guardian.

 

 

What is Standby Delaware Guardianship?

 

 

The purpose of Standby Delaware Guardianship is for a parent who is suffering from a progressive chronic disorder or a fatal disease to be able to quickly make plans for their child’s care in case of the worst. The idea is that the parent won’t have to give up their own parental rights for the Standby Delaware Guardianship rights to take over.

 

 

Every petitioner for Standby Delaware Guardianship is the parent of a child, trying to find the individual to give parental rights to after their death. No one can petition for Standby Delaware Guardianship rights for themselves; they must be bestowed upon another.

 

 

A parent may petition for Standby Delaware Guardianship even if there is another parent who could conceivably take care to the child. In order for such a Standby Delaware Guardianship petition to be valid, one must prove either that the other parent is dead, that their rights have been terminated, or that the other parent for whatever reason consented to being left out of the Standby Delaware Guardianship.

 

 

A Standby Delaware Guardianship takes effect once one of two things happens: either, there has been a receipt of a determination of a petitioner’s incapacity, their debilitation, or their death, or the other petition has given then written consent to Standby Delaware Guardianship.

 

 

Within 30 days, the applicant for Standby Delaware Guardianship must petition the Court for confirmation of their status or else risk forfeiture. 

 

 

Where do I learn about more about Delaware Guardianship?

You can find out more about Delaware Guardianship system at home. Check out the state’s site here.

 

 

 

 

Frequently Asked Questions about Alaska Guardianship Law

 

 

What is Alaska guardianship law?

 

 

Alaska guardianship laws allow for individuals to have a legally recognized ability to control the finances, housing or medical care of another individual who is not capable of making decisions in their own benefit.  The person whose affairs a guardian manages is called a ward, and every guardian has a legal responsibility to their ward and can be held accountable in court for their decisions or mistakes.

 

 

When is guardianship needed?

 

 

There are strict limitations concerning when Alaska guardianship law comes into play, as unnecessary appointment would be a grave affront to the personal rights of the ward. A prospective guardian will have to show that an individual’s ability to receive information, to evaluate that information, or to communicate their decisions is severely impaired so that it is impossible for them to mange for their own health and safety, including managing their food, shelter, clothing and medical decisions. In other words, if an individual risks suffering physical injury or illness for not having a guardian, then a guardian can be appointed.

 

 

What is a conservatorship?

 

 

Alaska guardianship law differentiates between a guardianship and a conservatorship. While a guardian may control any aspect of their ward’s affairs so long as they are designated to do so by the court, a conservator is limited only to financial affairs such as paying debt, managing income, and arranging taxes.

 

 

Up until 2004, there was an Alaska guardianship law which said that an individual would need two separate appointments as both conservator and guardian in order to manage an individual’s finances as well as their healthcare and shelter. However, a new statute allowed full guardians to have financial powers without getting a separate appointment.

 

 

Who can be a guardian?

 

 

In order to be obtain an Alaska guardianship, you must NOT do any of the following five thing:

 

 

• Provide professional services to the ward;

 

• Serve as creditor to the ward;

 

• Have any interests which might conflict with the interests of the ward;

 

• Work for anyone who provides services or whose interests conflict with those of the ward;

 

• Be under eighteen years-old.

 

 

Note that conflicts of interest can be ignored in the case of relatives, such as spouses, children or siblings, as long as the court rules that any conflicts of interest are insubstantial.

 

 

How do I file for Alaska guardianship?

 

 

1. Fill out Petition form PG-100, make one copy and file with your county’s superior court. A $75 filing fee will be charged. In the mail, you’ll receive an Order for Appointments and Notice of Hearing, schedule your appearance before the court.

 

 

2. Notify all interested parties including the person who takes care of the ward currently of the action.

 

 

3. Allow Court Visitor to investigate the ward’s current living condition and decide if guardianship is needed.

 

 

4. Respond to Visitor’s Report within ten days.

 

 

5. Court hearing is held within 120 days of original petition, and the judge will decide whether or not to grant guardianship.

 

 

 

 

Frequently Asked Questions about South Dakota Guardianship

 

 

What is South Dakota guardianship?

 

 

When you obtain South Dakota guardianship, you will have a legally verifiable relationship with another person which gives you some agency over their personal affairs. Usually, guardianships are obtained for people who are unable to take care of themselves because they are ill or handicapped. Typical decisions which a guardian makes concern a person’s health care, living conditionals, and financial holdings.

 

 

Is there more than one type of South Dakota guardianship?

 

 

Yes, there are at least four types of South Dakota guardianship recognized by the state, including:

 

 

• Limited Guardianship: The guardian maintains authority in only those areas of a person’s life which the court has judged them to be incapable of controlling. For instance, a limited guardian may be appointed to control someone’s healthcare decisions but not their finances.

 

 

• Temporary Guardianship: In the event of a medical emergency, a temporary guardian can be appointed to have full-control of a person’s affairs but for a period of only 90 days.

 

 

• Joint Guardianship:  South Dakota guardianship can be split between two or more individuals with equal claim to guardianship authority. For instance, the parents of a handicapped adult could be appointed joint guardians.

 

 

• Full Guardianship: This is non-conditional authority over an ill or handicapped person’s affairs.

 

What is a conservatorship?

Just think of a conservatorship as a limited guardianship, in which the protected person’s finances are looked after by their limited guardian, but the guardian can make no other decisions. Conservatorship is strictly limited to this one area of authority, and it does not include the healthcare realm.

 

 

How do I obtain South Dakota guardianship?

If you want to apply for South Dakota guardianship over a loved one, you will first petition your county court with an outline demonstrating the need for guardianship and the exact parameters of the relationship requested. You will also need a statement of the protected person’s financial resources and a report from the physician, psychologist, or psychiatrist which will describe the protected person’s handicap and its effect.

 

 

Once you turn in these materials, a hearing will be scheduled. After a discussion with a judge concerning whether South Dakota guardianship is appropriate, the judge will reach a decision and their order will be followed.

 

 

Can I get help filing for South Dakota guardianship?

The best resource to help a person file for South Dakota guardianship is a family lawyer, who will fill out legal documents for you and present your case to the judge in as persuasive a manner as possible. These lawyers cost money, but the good news is that the Establishment Program exists to help family pay the costs of establishing guardianship.

 

 

As much as $500 is available to go toward paying your South Dakota guardianship lawyer. In order to apply, the protected person must be over 18 and a resident of South Dakota. They must also have a documented disability in South Dakota Code SDCL 27B-1-18 and be the first-time recipient of South Dakota guardianship.

 

 

 

 

 

Quick Guide to NE Guardianship 

 

 

Nebraska Guardianship Laws

 

 

The majority of laws addressing Nebraska guardianships are located in §30-2601 – 2661 of the state’s revised statutes.  These laws on NE guardianship will prove helpful, but the majority of information within this article is referenced form the following website under the state’s Judicial Branch: 

 

 

Requirements for Nebraska Guardianships

 

 

In order to file for Nebraska guardianship, a person over the age of 18 must make sure to submit multiple documents and fully qualify.  Procedures for Nebraska guardianships are extensive compared to some states, and the state will usually give preference to family members and other peers before anyone else in a NE guardianship. 

 

 

According to state law and the Judicial Branch, the following documents are required for Nebraska guardianships: 

 

 

1. A credit report from a credit reporting agency/business

 

 

2. An affidavit of Sex Offender Registry Search, and the registry can be found at the following link: https://www.nsp.state.ne.us/sor/find.cfm.  If the Nebraska guardianship is for a guardian out of state, the applicant should use their home state’s registry. 

 

 

3. A criminal history check and a Nebraska State Patrol Criminal History Reports for Arrest and Prosecution (RAP) sheet.

 

 

4. An Abuse, Neglect Registry check and clearance

 

 

All of the forms listed above must be submitted to the court 10 days before the Nebraska guardianship is approved.  Additionally, Nebraska guardianships often require educational classes before the person is appointed as guardian.  For more information, visit the information provided by the Judicial Branch.

 

 

How do I initially file for NE Guardianship?

 

 

In order to file for Nebraska guardianship, an applicant must submit a petition to their local county court before a trial is set up.  Complete information about all clerk magistrates in the state is listed here, and if you have questions about the Nebraska guardianship, you can contact the clerks with questions. 

 

 

What Responsibilities come with a NE Guardianship?

 

 

A person has numerous responsibilities within a Nebraska guardianship.  Apart from the responsibilities before the NE guardianship becomes official, a guardian will have to file their Order of Appointment and almost always submit an annual report.

 

 

An Order of Appointment for Nebraska guardianships is an oath the guardian takes after receiving NE guardianship rights.  The Order must be sent to all individuals who received a copy of the petition for the Nebraska guardianship.  

 

 

Additionally, an annual report for Nebraska guardianships usually requires the following information: 

 

 

• description of the current health of the ward and the following;

 

 

• living arrangements within the Nebraska guardianship

 

 

• medical, educational, vocational, and other services provided to the ward

 

 

• summary of your visits during the NE guardianship 

 

 

• statement of whether you agree with the current plan

 

 

• the need for extended Nebraska guardianship

 

 

• other information the court may find useful

 

 

• the compensation you requested for the NE guardianship, and other expenses you incurred

 

 

If guardians fail to meet their responsibilities or the court determines the ward can now take care of themselves, Nebraska guardianships may be terminated.  

 

 

 

 

What are Idaho Guardianship laws?

 

 

Idaho guardians of minor children are appointed by the state courts to care for children or the children’s assets. Any individual who is not an adoptive or biological parent or who does not have a child custody order filed against them may require a guardianship to care for the children, authorize medical care and enroll them in school. Idaho Guardians can include grandparents or any other close relatives. If the prospective child has substantial assets (over $5,000 as determined by Idaho Guardianship Laws) from working, inheritance, gifts etc., the Idaho guardian is awarded authorization to handle the youth’s state.

 

 

Idaho Guardianship Law: How is a Guardian Appointed?

 

 

Idaho guardianship laws permit courts to appoint Idaho guardians for unmarried minor children when parental rights of the biological Barents are terminated or when the child has been abused, neglected or abandoned. Moreover, Idaho guardianship laws permit courts to appoint an Idaho guardianship when the child’s biological parents are deemed financially, emotionally or mentally ill-equipped to care for the minor child. According to Idaho Guardianship law, abandonment refers to failing to care for or support the minor child for at least six months.  

 

 

ID Guardianship Law: How does the State Choose a Guardian?

 

 

ID Guardianship laws specifically state that advanced disabilities or age will not be weighed or viewed as a reason to refuse an Idaho guardianship so long as the potential Idaho guardianship can adequately care for the minor child. According to ID Guardianship law, a fit Idaho guardian who is named as guardian in a parent’s will possesses authority over others unless the Idaho guardian fails to accept the appointment within 30 days of the notice of an Idaho guardianship proceeding. 

 

 

Idaho Guardianship Law: Child Protective Act

 

 

The Child Protective Act is one of the most fundamental aspects of Idaho Guardianship Laws.  This aspect of ID Guardianship law states that the court can end a guardianship if the Idaho guardian fails to provide adequate care. An Idaho guardianship—according to ID guardianship   law—may be terminated if/when the child no longer needs a guardianship or the guardian is no longer able to care for the child. 

 

 

Idaho guardianship law declares that a child no longer needs an Idaho guardian when he/she turns 18 years of age, dies, marries, is adopted or is placed with another guardian or his/her biological parents. ID Guardianship laws are instituted and maintained by the state’s Department of Health and Welfare; this department will act as an interested party to any Guardianship proceedings involving minor children who are subject to the state’s Child Protective Act. In these cases, the Idaho Department of Health and Welfare will serve the court with all necessary documents to uphold Idaho Guardianship laws. 

 

 

Idaho Guardianship Law: How does the State Terminate a Guardianship?

 

 

According to Idaho Guardianship law, the court may end a Guardianship if the Idaho guardian fails to provide adequate care for the child. The Guardianship will also be terminated when the youth no longer needs a guardian or the guardian is no longer to provide the child with suitable care. 

 

 

If the Idaho guardian is not incapacitated, but wants to terminate the Guardianship, he or she—according to Idaho Guardianship laws—must petition the court and permit new guardians to be appointed. During this time, the Idaho Guardianship is still responsible for the minor child. If the Idaho Guardianship only applies to the minor child’s assets, the Idaho Guardianship will end if the child’s assets no longer belong to the youth.