Obtaining Guardianship Over an Adult
In Racine, Kenosha, Walworth, Waukesha, and Milwaukee Counties, it is possible, under the right circumstances, to obtain guardianship of an adult. If you would like to become the guardian of an adult, our elder guardianship lawyer, Betheny M. Dillhoff, can assist you in obtaining the necessary court orders.
If you have a loved one who is struggling to take care of himself or herself, and you think you may need to file for guardianship, our firm can help you. If your loved one needs help with their finances, or they need help making decisions regarding their physical well-being, don’t let them struggle alone. We can assist you in obtaining guardianship, which will give you the legal ability to step in and make needed decisions on their behalf. We provide compassionate representation in what can be a difficult and trying time.
It is important to know: The court can make you the guardian of the estate, guardian of the person, temporary guardian, stand by or successor guardian. Our Elder Law Attorney will help you understand the duties and responsibilities of each of these positions.
Power of Attorney Documents
Our Elder Law Attorney may also assist you in preparing power of attorney documents. Power of attorney documents are legal documents that allow someone you choose to act in your place. We can assist you in preparing a Power of Attorney for Healthcare or a Durable Power of Attorney for finances. Power of attorney documents can be used in the event that you become incapacitated in the future.
Power of Attorney for Healthcare
A Power of Attorney for Healthcare is a legal document that designates another person to act as your health care agent for purposes of making health care decisions on your behalf should you become incapacitated.
Durable Power of Attorney for Finances
A Durable Power of Attorney for Finances is a legal document that designates another person to act as your agent for purposes of making financial decisions and handling financial transactions on your behalf. By creating a financial power of attorney, you are not giving up any of your powers or rights to manage your finances, you are simply giving your agent, in addition to yourself, the ability to handle some of your financial affairs.
It is important to know: A person can only designate agents for healthcare and finances if they are competent to do so. If they are not competent, guardianship may be appropriate. Our attorneys will help you understand your options and what is appropriate in your situation.
Contact our elder guardianship lawyer, Betheny M. Dillhoff, to discuss the specifics of your situation.
Elder Law FAQs
The following is provided for informational purposes only. This information does not constitute legal advice. Your review of the information on our website does not establish an attorney-client relationship with our firm. Each case is unique and you should contact a competent attorney for a full analysis of the law and its application to the specific facts and circumstances of your case. The information on our website is not a substitute for personal legal advice.
Q. What is elder law?
A. Elder law is a very broad area of practice that focuses on issues typically faced by seniors, people with disabilities, and their families. Due to longer lifespans and longer retirements, the need for attorneys familiar with the issues facing the elderly has grown in order to protect the health, assets, and quality of living of elderly individuals. From appointing guardianships to end-of-life matters, our attorneys are ready to provide excellent and compassionate care for those dealing with elder law issues.
Q. What does a lawyer focusing on elder law do?
A. Elder law attorneys focus on creating long-term plans for the best possible quality of life for their elderly clients. This includes preparing documents relating to estate planning, guardianship, and managing Medicaid and Medicare issues. The elder law attorneys of Renee E. Mura, S.C. can help you become or select a legal guardian, create Power of Attorney documents, and ease your long-term planning worries.
Q. What questions should I ask the attorney?
A. You need to make sure your attorney is on the same page as you from the very start. Your wishes are what matter, something your lawyer must understand completely. Ask what guardianship entails, whether creating a Power of Attorney would be a good idea to further represent your wishes, and how to create a living will to best meet your medical needs.
Q. What is guardianship?
A. Guardianship is created by the court when your loved one is unable to make decisions in their own best interest for a variety of reasons. Once a guardian is appointed, that person can represent their loved one in financial and medical matters to ensure their long-term care is what they wanted.
Q. Who is a ward?
A. A ward is the term for a person the court has found to be incapacitated and unable to manage their affairs. A ward is someone the Court has placed in the care of a guardian.
Q. Who is a guardian?
A. A guardian is the term for the person appointed by the court to make decisions on behalf of the incapacitated individual.
Q. Are there different types of guardianships?
A. There are many different types of guardianships depending on your loved one’s situation. A guardian of the person assists with decisions regarding their day-to-day living and health care while a guardian of the estate would only be managing the finances of the individual. Guardians can be appointed on a temporary or permanent basis. The attorneys at Renee E. Mura, S.C. can help you determine which type of guardianship would best assist your loved one.
Q. Can I be given guardianship after a loved one has been incapacitated?
A. Yes, but there must first be a court proceeding to determine if the individual is truly incapacitated and in need of a guardian. If the court finds that the person is in need of a guardian, they will issue letters of guardianship to the person that has been designated the guardian. This process can be difficult and frustrating as you want to do what is best for your loved one as soon as you are able, the elder law attorney at Renee E. Mura, S.C. is ready to help you obtain guardianship as quickly and smoothly as possible.
Q. What are power of attorney documents?
A. Power of attorney documents give you the ability to select someone you trust to act on your behalf when or if you are unable. Our attorney will help you select the best candidate to handle your financial or medical needs when you cannot.
Q. What can a power of attorney for healthcare cover?
A. The legal document Power of Attorney for Healthcare grants decision making to another person in the event you are medically incapacitated or no longer able to express your medical desires. This can include admittance to hospice care, consent to perform medical treatment, and hospital accommodations. Selecting a trusted friend or family member to carry out your medical plans is essential to your long-term planning. The person you designate as your healthcare agent can decide who is allowed to visit you while hospitalized, have access to your medical records, and decide anything not included in a living will. Our attorneys are ready to provide compassionate advice when making this important decision.
Q. What is a living will?
A. A living will is not the same as a conventional will. While the latter specifies the distribution of wealth and property after death, a living will specifies your wishes regarding your medical treatment if you are unable to communicate those wishes yourself. A living will is used to state your desires regarding end of life treatment, including when you would want medical care withdrawn or withheld.
Q. What does financial power of attorney mean?
A. Durable Power of Attorney for Finances designates an individual other than yourself to act as your financial agent. This can allow a family member or loved one to pay bills on your behalf or work with Medicaid/Medicare offices in your place if you are unable or incapacitated. In this document you can choose how much authority over your finances you would like to give the person you are designating as your agent.
Q. Who can create a living will or power of attorney documents?
A. Only an adult of sound mind can create these documents. If a person is not of sound mind, guardianship may be a more appropriate option. Our attorneys will help you understand your options and what is best for your particular situation.