Sometimes, family members have to make difficult decisions. If a loved one cannot make decisions for themselves, then you may have to choose a guardianship or conservatorship to protect their interests. While these terms are used interchangeably, they are different. Let’s look at guardianship vs conservatorship in Wisconsin to help you decide which is right for your loved one.
The Basics of Guardianship
In these cases, the court appoints an individual, known as a guardian, to manage a person’s medical and personal affairs. Guardians establish these guardianships for minors, elderly persons, or those with physical or mental disabilities that impair their ability to make day-to-day decisions..
There are two types of guardians. Guardianship of the Person involves the ward’s personal matters. The guardian protects their physical health, safety, and welfare. On the other hand, Guardianship of the Estate handles the ward’s financial affairs. They manage their assets, pay bills, and make financial transactions.
Sometimes, the court may appoint the same person to serve as the person’s guardian and to handle the estate. In other cases, two separate individuals could be assigned to manage these responsibilities.
Conservatorships in Wisconsin
Guardianships are very common in Wisconsin. However, another option is conservatorship. In these situations, the court appoints a conservator to manage the financial affairs of a person who voluntarily requests assistance.
Often, these requests are made on behalf of an individual who cannot make decisions on their own. Conservatorship focuses on financial matters. The courts will usually grant these requests when a person cannot manage their own finances or is incapacitated and cannot handle their financial issues.
There is a major difference between guardianship and conservatorship. Unlike guardianship, conservatorship can often be initiated voluntarily by the individual seeking help. In these cases, the person retains their legal rights over personal matters, but they cede control over their finances to the appointed conservator.
How to Establish These Protections in Wisconsin
Whether you want to establish guardianship or conservatorship, you will need to have court approval. In these situations, you will need to:
- File a petition with the court
- Present evidence
- Attend all the court hearings
During these proceedings, a judge will evaluate the individual’s condition and circumstances surrounding the request. For a guardianship request, you may need to provide medical evaluations and expert testimonies to show that the person cannot manage their affairs. On the other hand, with a conservatorship, proof of incapacitation is not always required.
Once a person is appointed, they are considered fiduciaries. In these cases, they must act in the individual’s best interest. With this responsibility, they need to submit regular reports to the court regarding the management of the person’s affairs.
Choosing the Right Option
Now that you know the differences, you will need to decide between guardianship and conservatorship. If you have a loved one who needs help with day-to-day personal, medical, and financial decisions, you may want to choose guardianship. With that, the court can establish oversight and protection for individuals who cannot manage these important decisions.
Conservatorship could be a better option if the loved one can still make personal decisions but needs assistance managing their finances. In these cases, the individual can maintain independence over their personal affairs while getting help with their finances.
Learn More About Choosing the Right Option for Your Loved One
Knowing the difference between guardianship vs. conservatorship in Wisconsin can help you make the right decision for your loved one. Guardianship provides more comprehensive protection, while conservatorship offers financial assistance without the loss of personal decision-making rights.
If you want to know the best option for your family, reach out to the team at Collins Law Firm. We have decades of experience helping individuals like you to build and protect your legacy. Contact us or call (414)-207-6292. Schedule your free and confidential consultation today!