Guardianships

Guardianship is a legal relationship, supervised by the court, appointing a guardian in cases when a person, or a 'ward', is unable to communicate safe and sound decisions about their person and finances. A Ward may be a minor child, or adult who may be mentally disabled, incapacitated, or who are otherwise vulnerable, such as the elderly. In all guardianship cases, a Guardian ad Litem (GAL) will be appointed for the Ward and will make recommendations concerning the guardianship.

Powers granted to a guardian may include some or all decision-making concerning the Ward's personal care, finances, or out-of-home placement. The guardianship may be temporary in certain cases, or permanent in other cases. Stipulated, or agreed, guardianships can progress from start to finish rather quickly, while contested guardianships may proceed to a court trial. We will work with you to achieve a favorable outcome for all involved.

Minor Guardianships

Guardianships of a minor may be necessary when one or both parents are unfit, unwilling, or unable to care for the child. A wide variety of circumstances may lead to such situations, and seeking a legal guardianship can help ensure the long-term care, safety and stability for the minor, granting authority to make decisions concerning the minor's education, health care, and finances.

Adult Guardianships for Mentally Handicapped, Incapacitated, or Other Vulnerable Adults

An adult who is mentally handicapped, incapacitated, or otherwise vulnerable may be unable to handle their own daily living, medical care, or financial decisions and may need assistance when exercising these rights. Elderly adults may be susceptible to exploitation through undue influence and fraud, which leaves them vulnerable to thievery, identity theft, and other scams that rob them of their life savings.

Adult guardianships are often commenced by a close relative or other loved one, and supported by a physician's report that confirms the Ward's incapacity. Guardianships can provide protection and care for a vulnerable adult with cognitive impairments such as dementia, mental illness, or other similar impairments.

Power of a Guardian

A guardian has great power, but is required to report to the court on all decisions concerning the Ward. A guardian's decision-making power may include educational decisions, investing of finances and sale of real estate, housing, with whom the Ward may associate, and the type and scope of healthcare. Each power awarded to the guardian is determined by the court on a case-by-case basis, and continuing court involvement and supervision provides an extra level of protection for the Ward.

Termination of Guardianships

Every guardianship may be terminated upon a petition by an interested party or in the case of a minor child when the minor turns the age of 18 years old.

Contact O'Connor Law Offices, serving Racine and Kenosha counties, to discuss your guardianship case.