Guardianship of an Adult
Adult guardianship is Wisconsin's legal mechanism for a loved one who has lost the capacity to make their own decisions — because of dementia, severe mental illness, an intellectual disability, or a traumatic injury. It is sometimes necessary; it is always regulated by the court under Chapter 54.
The standard Wisconsin applies
Adult guardianship requires clear and convincing evidence that the person (the "proposed ward") has an incapacity because of an impairment such that they cannot effectively receive and evaluate information or make and communicate decisions. That is a higher standard than casual incapacity — forgetfulness, poor judgment, or stubbornness do not meet it. Actual medical evidence from a physician or psychologist is required.
Wisconsin also asks whether a less-restrictive alternative would work — a financial power of attorney already in place, a healthcare POA, a representative payee arrangement for Social Security, supported decision-making agreements. Only if those alternatives are insufficient does the court impose a guardianship.
What the process looks like
Rebecca files the petition in Circuit Court in the county where the proposed ward lives, attaching a physician's or psychologist's statement supporting the petition. The court appoints an adversary counsel to represent the proposed ward (paid by the county if the ward cannot afford counsel), a guardian ad litem to advise the court independently, and sets a hearing.
The proposed ward has the right to appear, to contest the petition, to request a jury trial on the question of incapacity, and to cross-examine witnesses. For most guardianships Rebecca handles — where the family is aligned and the ward's incapacity is uncontested — the hearing is short. For contested matters, it can be a full evidentiary hearing.
Guardian of the person vs guardian of the estate
These are separate authorities and they can be separate people. Guardian of the person covers placement, healthcare, and personal decisions. Guardian of the estate covers money, property, and benefits. A family can petition for one, the other, or both, and the court can grant a narrower scope than requested if a full guardianship is not warranted.
Many Wisconsin families petition for guardian of the estate only when a financial POA is no longer working — because the ward is revoking it on a bad day, because a bank does not accept it, or because the ward signed a new POA to someone the family distrusts. Guardianship of the estate resolves those issues through a court order that cannot be informally revoked.
After appointment
The guardian takes on ongoing duties. A guardian of the person files an annual report on the ward's condition, placement, and well-being. A guardian of the estate files an annual accounting — detailed and scrutinized — showing every deposit, every disbursement, and every investment. Large transactions (selling a home, changing placement, setting up long-term care arrangements) may require a separate court order.
Rebecca represents families through these ongoing obligations, handling the annual filings and any modifications (expanding or narrowing the guardianship as the ward's condition changes).
Frequently asked
Common questions about guardianship of an adult
- Does my parent have to agree to the guardianship?
- No — a guardianship can be imposed over the ward's objection if the court finds incapacity by clear and convincing evidence. But the ward's position matters: they have a right to counsel, a right to a hearing, and a right to a jury trial on the question of capacity. Rebecca advises families that contested guardianships are emotionally and financially costly, and talks through whether less-restrictive alternatives can get the family most of what they need.
- Can I just use my dad's power of attorney instead?
- Often yes — and that is the point. A financial POA signed before incapacity can eliminate the need for a guardianship of the estate entirely. If your father signed a durable POA years ago that is still in force, that is usually the right tool. Rebecca reviews the POA and the current situation to confirm it will do what the family needs.
- Who can serve as a guardian?
- Any adult who is qualified and not disqualified under Wisconsin law. Spouses and adult children are the most common guardians. A corporate guardian (a professional agency) can serve when family is unavailable or unable. Conflicts of interest, a criminal record involving dishonesty, and active financial misconduct are among the things that can disqualify a proposed guardian.
- How long does the guardianship last?
- As long as the incapacity lasts. Guardianships can be modified or terminated at any time — by the ward's petition if capacity is restored, by the guardian's petition if circumstances change, or by the court's own motion after review. Many guardianships last for the remainder of the ward's life, especially for progressive conditions like Alzheimer's disease.
- What does a Wisconsin adult guardianship cost?
- Uncontested guardianships Rebecca handles on a flat-fee basis. Contested guardianships are hourly and can run substantially higher — the added cost reflects the hearings, depositions, and evidentiary work contested cases require. County fees for adversary counsel and guardian ad litem add a few hundred to just over a thousand dollars depending on the county.
Talk with Rebecca
Tell Rebecca a little about your situation. She will be in touch — usually within one business day.