Guardianships & Conservatorships
GUARDIANSHIP. This is where the court finds that a person who is found to be “incompetent” (Ward) – whether a minor or an adult with developmental disabilities – is need of a person (Guardian) to make all of their decision for them. In Wisconsin there can be a Guardian of the Person and a Guardian of the Estate. Guardians have very specific and regulated guidelines they must follow. They must report to the Court every year and give an exact report as to how the Ward has been treated and how the Ward’s money has been spent.
The Wisconsin legislature and the Wisconsin Courts have been tightening what was once a very lose patchwork of laws into a very tight noose for those found to have violated a Ward’s monies or person.
Setting up a guardianship is not difficult – but maintaining it has become time consuming, difficult and fraught with ‘landmines’ and gotchas.
Having an attorney assist you with the setting up of a guardianship as well as how to run a guardianship is most important to you. Having Attorney Andrew Schmidt assist you with a guardianship will be the best decision you can make for you and the guardianship process.
CONSERVATORSHIP. Deemed by the Wisconsin legislature to the same as a Guardianship of the Estate, a Conservatorship is set up with the voluntary petition of the person seeking the financial assistance of another. The Conservator has all of the same duties and responsibilities to the Ward as the Guardian of the Estate.
Conservatorships are used by families when one of the family members has special needs. Combined with a Special Needs Trust, the Ward and the family will have created a nearly perfect estate plan with regards to the Ward.
Setting up a Conservatorship along with a Special Needs Trust must be done with by attorney. Our lawyer is versed in Conservatorships and will meet with you and your family here in North Central Wisconsin. Please arrange to have your family present in order for all to participate and contribute to this very special process.