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Guardianship of Disabled or Incapacitated Persons

Mental and physical disability or incapacity may involve long term conditions that impose great limitations on an individual’s abilities to take care of themselves. Such disabilities reflect the need for a combination of treatments and services.

When a person is incapacitated or is too young to make decisions, Guardian law allows the court to make legal and welfare decisions for them. A legal guardian may be appointed as a decision maker on behalf of the incapacitated person. Guardianship attorneys in Wisconsin, advise you about the appropriate legal guardianship for different circumstances.

WHAT ARE THE DUTIES OF A GUARDIANSHIP ATTORNEY IN WISCONSIN?

A legal guardian is appointed by the court after a process of ensuring that the civil rights of the allegedly incapacitated person are not disregarded.  Once the appointment is in place, the guardian has duties which should be taken very seriously. Guardianship attorneys advise the guardians about the type of decisions that the guardian is allowed to make for the protected person. When deciding about the care for a minor or an incapacitated person, a guardianship attorney can guide you with a process that is thorough and correct.

No matter what kind of guardianship, the guardianship attorneys make sure that the person applying to be a guardian, have the right paperwork and fulfill the court’s qualification.

WHAT IS THE PROCESS FOR OBTAINING A GUARDIANSHIP?

Whoever is interested in the well-being of the incapacitated or disabled person, can initiate the guardianship process. Here are a few things that need to be kept in mind if you are considering petitioning for guardianship.

  • A petition for appointment as guardian of the person must be filed with the probate court. The required forms are usually available through the local court or on the court website.
  • The ward usually gets a legal representative at the hearing and the court can appoint an attorney if the ward cannot afford.
  • The judge hears from all the interested parties and decides whether to grant a court order regarding guardianship or not.

HOW TO OBTAIN GUARDIANSHIP OF AN INCAPACITATED OR DISABLED PERSON?

  • File a petition:

If you want the guardianship of a disabled person, you need to file a petition. The petition will require you to state the name, address, birthdate, your relationship, reason for guardianship, value of property, names and address of the nearest relatives etc.

  • Examination report:

Before granting guardianship to a particular person, the court makes sure that the ward is disabled by asking for a copy of the examiner’s report. The report requires the physician to describe the nature of the condition and also to make a determination that the individual is totally or partially disabled.

  • Court appearance:

The prospective guardian must have the original physician report, a copy of the petition and a proof of service of the disabled person, if he is not being represented by an attorney.

  • Hire an attorney:

Guardianship process is a legal process and you must consider hiring a guardianship attorney who has some experience in this particular area. To find an attorney, you may consult with local legal organization in order to qualify for free or low cost legal assistance. You must consult an attorney for your particular case or individual situation.

WHAT ARE THE DUTIES OF THE GUARDIAN?

Guardians are granted the permission to accomplish those things for the ward, which they themselves are unable to accomplish. A few duties of the guardian are as follows:

  • Making financial decisions on behalf of the ward.
  • Making any kind of medical decisions on behalf of the ward.
  • Taking care of the ward.
  • Making sure that the educational needs of the ward are being fulfilled.
  • Updating the court about the living situation, mental and physical health, account for the ward’s monetary health etc.

IN THE END

The person chosen as a guardian for the incapacitated or disabled person, has a very important role in protecting a person’s life. An experienced Guardianship attorney in Wisconsin can help you in understanding what the responsibilities that need to be fulfilled by the guardian are, in order to protect the individual.

The post Guardianship of Disabled or Incapacitated Persons appeared first on Find US Lawyers.



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