No one wants to think about what might happen if they could not make decisions for themselves. It is uncomfortable and a little scary. For many people, that is a topic that they will address “someday.”
Unfortunately, someday can sneak up fast. Whether that is an unexpected illness, an accident, or the slow creep of memory loss, there may come a time when someone needs to step in and help manage your affairs.
In these situations, guardianship for adults serves an important purpose, but you need a plan. When you set up an advance protective arrangement, you can protect your family members and your wishes.
What Does Guardianship Mean in Wisconsin?
Every adult is presumed competent to make their own decisions. That means you get to decide where you live, how you spend your money, and what type of healthcare you want.
However, if you become unable to make or communicate those decisions due to injury or an illness, a court can appoint a guardian to act on your behalf. This guardian might handle your personal care, finances, or both.
Guardianship is a court-supervised process. It is only granted when a judge officially determines that you are not capable of managing your own affairs.
Unlike some states, Wisconsin does not allow “next of kin” to automatically make decisions for you. Your spouse, adult child, or closest friend cannot legally step in without court approval. For many families, this is a shock, as they had assumed they would be able to handle things naturally.
When Is Guardianship Needed?
Guardianship comes into play through various scenarios. Some of the most common include:
- Cognitive decline due to dementia or Alzheimer’s disease.
- Severe illness or injury, such as a stroke or head trauma.
- Developmental or intellectual disabilities that make independent decision-making difficult.
- Severe mental health conditions where judgment or communication are impaired.
In these cases, guardianship gives structure and oversight. But it can also be slow, expensive, and emotionally draining. For this reason, you need to take a proactive approach through planning.
Why You Should Make an Advance Protective Arrangement
An advance protective arrangement is a set of legal tools that you can create while you are still healthy and capable. They will outline who will act on your behalf if you are unable to act for yourself. In Wisconsin, several documents are involved, including:
- Durable Power of Attorney for Finances: This document names someone to handle your financial matters, including paying bills and filing taxes.
- Health Care Power of Attorney: This appoints a trusted person to make medical decisions on your behalf if you cannot.
- Advance Directive or Living Will: This document puts your healthcare preferences in writing, including your wishes regarding life support, pain management, and organ donation.
- Supported Decision-Making Agreement: A newer option in Wisconsin that lets you designate people to help you make choices, without giving up your independence.
These documents form a legally binding safety net that is flexible and tailored to your wishes.
Why Is It Important to Plan?
You don’t want to wait for a crisis. Planning ahead helps you sort out these questions before something happens. Here are a few reasons why you should make a plan for your family:
You Stay in Control
You get to handpick the person who will manage your affairs. That could be your spouse, your best friend, or that super-organized sibling who never forgets a deadline. The key is that you decide, not the court.
You Avoid a Public Court Process
Guardianship in Wisconsin involves hearings, attorney fees, and medical evaluations. Advance planning keeps things private and out of the courtroom.
You Protect Your Family from Conflict
Unfortunately, families will fight over who should be the guardian. An advanced plan eliminates guesswork and prevents painful disputes.
You Gain Peace of Mind
Once you’ve created your documents, you can stop worrying about “what if.” You will know your wishes will be respected and your loved ones will not be left scrambling.
We Can Assist with Planning for Adult Guardianships
When planning guardianship for adults, you create an advance protective arrangement that gives you control, clarity, and peace of mind.
Creating a plan protects your future and helps your family carry out your wishes. If you are looking for help with this process, contact Collins Law Firm. Whether you need to create a will or establish a plan for guardianship, we are here to assist you. Contact our office to schedule a consultation.