Legal Guidance When Your Loved One Needs a Guardian
It can be difficult to know how to move forward when a family member needs the support of a legal guardian. Your family member may have objections to yielding control to a guardian, or you may have other members of the family who disagree about moving forward with guardianship. These issues can create tension between family members and make a necessary process stressful.
At Antonopoulos Legal Group in Waukesha, we understand the complexities and the necessary path for supporting an aging or disabled loved one. With 50 combined years of experience, we are equipped to deliver the counsel you need to establish and implement a guardianship in southeast Wisconsin, including Brookfield, Waukesha and the surrounding communities.
Creating and Implementing a Guardianship
Depending on your loved one’s needs, a thorough guardianship plan may consist of guardianship of the estate or guardianship of the person, as follows:
- Guardianship of the estate has to do with financial, legal and property-related issues in someone’s life.
- Guardianship of the person is about personal care, medical care, and decisions about living arrangements.
A guardianship plan may include both guardianship of the estate and guardianship of the person. These roles may be carried out by one or two guardians. A guardian may be a:
- Temporary guardian
- Permanent guardian
- Standby guardian, to fill the role when a permanent or temporary guardian is unavailable
Guardianship responsibilities are subject to court scrutiny and oversight. As the guardian of your family member, you should support them with the least restrictive means by:
- Acting in the person’s best interests
- Making decisions for the person when necessary
- Giving consent on the person’s behalf when appropriate
- Acting as an advocate for the person
A guardian should ideally allow the person they watch out for to have as much independence and autonomy as possible.
Guidance for Guardians
Often, creating the guardianship plan is simpler than the process of carrying it out. Once the plan is in place and you are appointed as your loved one’s guardian, the responsibilities can seem overwhelming.
We can guide you through the process of becoming a guardian and serving in this position for your family member. We will inform you of the responsibilities that come with your new role. We understand the time and pressure involved in being a guardian and can help you learn what you need to do to fulfill your role appropriately.
Elder Law
Besides guardianships and conservatorships, older adults and people who care for them often turn to ALG for help with other elder law topics, such as:
- Long-term care insurance, planning, facility selection, and troubleshooting
- Eligibility for, and access to, Medicaid, Medicare and other retirement or disability-related government benefits
- Will contests, probate challenges and estate litigation
- Health care information and decisions
- Elder abuse prevention and related problem-solving
Whatever legal or practical topics pertaining to aging, retirement or end-of-life preparations and care are on your mind, you can count on us to customize the advice we provide to you.
Get Started on a Plan to Support Your Loved One Through a Guardianship
There are several steps for creating a guardianship or conservatorship plan for your family member in southeastern Wisconsin. We can provide the legal support you need to learn more about a plan that will work for you and your family.
You can get started with a free consultation with a knowledgeable lawyer at ALG by filling out a contact form or calling our Waukesha County offices at 262-649-5572.