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.
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.
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.