Life is full of unexpected changes. When a loved one becomes unable to make decisions about their own care or finances—whether due to age, illness, or disability—it can be an emotional and stressful time for families. Guardianships provide a legal framework to protect those who cannot manage their affairs independently, ensuring they receive the care and support they need. Deciding to establish a guardianship is rarely an easy choice. It’s a step often taken out of love and concern, but it comes with complex legal and emotional considerations.
Borakove Osman LLC helps families navigate the guardianship process with compassion and legal guidance. Whether you are seeking guardianship of an aging parent, a disabled adult child, or a minor in need of care, our firm ensures that all legal requirements are met while prioritizing the well-being of your loved one. From filing petitions to representing you in court, we provide comprehensive support to help you secure the right protections for those who need it most.
What Is a Guardianship?
A guardianship is a legal relationship established by the court that appoints an individual or entity (the guardian) to manage the personal, medical, or financial affairs of another person (the ward) who is unable to do so themselves. This arrangement is intended to protect vulnerable individuals such as minors, elderly adults with dementia, or individuals with physical or intellectual disabilities.
The responsibilities of a guardian vary depending on the needs of the ward and the type of guardianship established. From coordinating medical care to managing financial assets, guardianship provides a critical safety net for those who need it most.
When Should You Consider Guardianship?
The decision to pursue guardianship often arises during times of significant change or crisis. For instance:
- Aging Parents: An elderly parent may begin showing signs of cognitive decline or be diagnosed with a condition like Alzheimer’s disease. If they can no longer manage their healthcare or finances, guardianship may be necessary to ensure they are protected.
- Minors Without Caregivers: If parents pass away or are otherwise unable to care for their children, a guardian may need to be appointed to oversee their welfare until they reach adulthood.
- Individuals with Disabilities: For adults with severe disabilities that limit their ability to make decisions, guardianship ensures their needs are met without compromising their safety or well-being.
- Medical Emergencies: Unexpected illnesses or accidents can leave someone incapacitated and unable to manage their affairs, creating an immediate need for legal protection.
The key is to act proactively whenever possible. Waiting until a crisis has escalated can complicate the process, making it harder to secure the necessary legal protections in a timely manner.
Types of Guardianships
Each guardianship is tailored to the unique needs of the ward, and different types of guardianships address specific situations:
- Guardianship of the Person: This type of guardianship focuses on personal care decisions, including healthcare, housing, and day-to-day needs. The guardian ensures the ward has access to safe living arrangements, medical care, and other essentials.
- Guardianship of the Estate: For individuals who cannot manage their financial affairs, this type of guardianship places responsibility for managing assets, paying bills, and safeguarding finances with the guardian.
- Plenary Guardianship: This comprehensive form of guardianship grants the guardian authority over both personal and financial decisions. It is often used in cases where the ward has significant impairments requiring full assistance.
- Limited Guardianship: In situations where the ward can retain some level of independence, a limited guardianship allows the court to specify the areas in which the guardian has authority.
Our attorneys can help you determine which type of guardianship is most appropriate for your situation and ensure it meets your loved one’s needs.
The Guardianship Process
Establishing a guardianship involves several legal steps, all of which are designed to prioritize the best interests of the ward while protecting their rights. These steps include:
1. Filing a Petition: The process begins with submitting a formal petition to the court, outlining the reasons why guardianship is necessary.
2. Notification of Interested Parties: Family members and other interested parties must be notified of the petition and given an opportunity to respond.
3. Evaluation: The court may require medical or psychological evaluations to assess the ward’s capacity. In some cases, a court-appointed investigator may also conduct an independent review.
4. Court Hearing: During the hearing, the petitioner must present evidence demonstrating the need for guardianship. The court will evaluate all testimony and documentation before making a decision.
5. Appointment of Guardian: If the court determines that guardianship is appropriate, a guardian will be officially appointed and given legal authority to act on behalf of the ward.
Responsibilities of a Guardian
Becoming a guardian is a significant responsibility that requires a commitment to acting in the best interests of the ward. Guardians must:
- Make healthcare decisions and ensure access to appropriate medical treatment.
- Manage the ward’s finances responsibly, keeping accurate records of all transactions.
- Provide for the ward’s daily living needs, including housing, education (if applicable), and personal care.
- Submit regular reports to the court detailing their actions and the ward’s status.
Protect Your Loved Ones
Guardianship is more than a legal designation—it’s a way to ensure the people you care about receive the support and protection they need. If you’re considering guardianship for a minor, elderly parent, or loved one with disabilities, a qualified elder planning attorney can help.
At Borakove Osman LLC, we know that the decision to establish guardianship is often driven by love, concern, and a desire to protect those who are most vulnerable. We are here to help guardians understand and fulfill their duties effectively. Our attorneys bring both legal expertise and compassionate guidance to every guardianship case we handle. Contact us today to schedule a consultation and take the first step toward securing your loved one’s future.
Borakove Osman LLC is your trusted partner for estate planning for young families in Wisconsin. Serving all of Wisconsin, including Madison and Dane County, we are dedicated to providing high-quality legal advice and representation to help you secure your family’s future.