Guardianships and Protective Placement Attorneys in Milwaukee & Waukesha, WI

Protecting Vulnerable Adults and Minors throughout Southeastern Wisconsin

Gamiño Law Offices, LLC Waukesha and Milwaukee based guardianship attorneys in Wisconsin can protect your loved ones for years to come, and can also obtain protective placements and services when needed to ensure proper care.  Our attorneys understand that guardianship, and the decision to override someones ability to make decisions for him or herself, can be a very sensitive topic for families. We treat all of our guardianship cases with a gental hand and caring touch.   Whether your case involves parents looking out for the interests of a disabled child, grandparents stepping in to raise a grandchild, or children planning for the future needs for their elderly parents; our attorneys can help you make the necessary decisions to plan for, and protect, their needs.
1.  What kinds of guardianships are available in Wisconsin?
A guardianship can either be temporary or permanent, and can be necessary in two main situations where our attorneys can help:  
  • Guardianship of minors (children under age 18) - when parents are unable or unwilling to care for the child.  This is often used as an alternative in children's court and in CHIPs cases to avoid foster care or to keep families intact when a parent is facing termination of their parental rights; however, there are many reasons why grandparents, families, or other caring persons may petition for guardianship of a child.
  • ​Guardianship of incompetent adults (of the person or of the estate) - when an adult (at least age 17 years 9 months) is found incompetent to make or communicate decisions about health, safety or property due to an impairment such as developmental disability, serious and persistent mental illness, degenerative brain disorder or other like incapacity which will result in substantial, long-term, disability and creates a serious risk of personal or financial harm to him or herself.

2.  What are the responsibilities of a guardian?
A guardian is a person given the authority to make decisions for another, either in specific or all areas of another person's life.  Guardians are required to make decisions, give consent, and advocate for the best interests, and least restrictive of the rights, of the person for whom they are the guardian while taking the ward's preferences into account.  Courts can vest authority in the guardian to make decisions for the health, treatment, safety, lifestyle and other rights of their ward, for protection from abuse, neglect or financial exploitation.  Guardians may need to manage finances or make decisions about where to live, consent to medical treatment, enter into contracts, marriage, or the exercise of other legal rights.

3.  What protection or services are available for someone declared incompetent?
​In addition to providing for guardianship to protect the long term needs of vulnerable children or adults, courts may order the inclusion of needed protective placement or services.  It may be necessary to protectively place a loved one in a residential or other treatment facility to support for their medical or other needs.  When a protective placement is necessary, care must be taken to find appropriate environment that is the least restrictive of the person's rights and liberty, while meeting their individual needs for care or protection.    Protective services are available in every county in Wisconsin, and are provided by the county or contracted agencies.  Protective services include any kind of care available to assist a person who needs it.  

4.  What is a conservatorship, power of attorney, durable power of attorney, or power of attorney for healthcare?
  • A conservatorship is a voluntary action where a person can petition a court to appoint someone to manage their finances.  It does not require a finding of incompetence and the person may request that the court terminate a conservatorship at any tine.  
  • A power of attorney gives broad or specific authority to another person to manage the person's finances.   General powers of attorney can be revoked at any time and terminate if the person becomes incapacitated.  A court does not supervise a power of attorney as it does an appointed guardian of an estate.
  • A durable power of attorney is a power of attorney that can be invoked or continues when the person becomes incapacitated.
  • ​A health care power of attorney gives authority to an agent to make health care decisions on the persons behalf in the event the person becomes incapacitated.
For a free initial consultation with dedicated Wisconsin attorneys doing their best to help with your need for a Milwaukee divorce lawyer
contact Gamiño Law Offices, LLC in Milwaukee or Waukesha, WI. We have lawyers available to help with any of your other Wisconsin legal needs.
Milwaukee Lawyers Obtaining Minor or Adult Guardianships in WIsconsin
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