• Skip to primary navigation
  • Skip to main content

Krueger Hernandez & Thompson SCEstate

Attorneys at Law

  • Home
  • Our Firm
    • About Our Firm
    • About The American Academy
    • Attorney and Staff Profiles
    • Communities We Serve
      • Adams County
      • Columbia County
      • Dane County
      • Madison/Middleton Area
      • Sauk County
  • Estate Planning
    • Asset Protection & Business Planning
    • ESTATE AND GIFT TAX FIGURES
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Practice Areas
    • Business Needs
    • Divorce / Family Matters
    • Injuries and Adverse Reactions To Vaccines
    • Real Estate
  • Resources
    • Estate Planning Resources
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Frequently Asked Questions
      • Estate Planning FAQ’s
      • Frequently Asked Questions for Families Without an Estate Plan
      • Legacy Wealth Planning FAQ’s
      • LGBTQ Estate Planning Frequently Asked Questions
      • Trust Administration & Probate Frequently Asked Questions
    • LGBTQ Resources
    • Pre Consultation Form
    • Special Needs Resources
    • Trust Administration & Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • The Mourner’s Bill of Rights
      • Trust Administration & Probate Definitions
      • When a Loved One Passes Away With a Trust
      • When a Loved One Passes Away With a Will
  • Testimonials
    • Review us
    • Our Testimonials
  • Webinars
    • Legacy Wealth Planning
    • Medicaid Planning
  • BLOG
  • Contact Us
  • Call Us Today (800) 431-9776
  • Attend Free Webinar
    • Medicaid Planning
    • Estate Planning
  • Show Search
Hide Search
Home / Estate Planning / Questions to Answer About Wisconsin Guardianship

Questions to Answer About Wisconsin Guardianship

Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC · Aug 8, 2017 ·

The Risks of Not Creating a Estate PlanIf you want to learn more about Wisconsin guardianship, you shouldn’t hesitate to collect the necessary information.

Before we get into the finer details of this estate planning topic, it’s important to fully understand what the word guardianship truly means.

The National Guardianship Association defines this as follows:

“Guardianship, also, referred to as conservatorship, is a legal process, utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence. Because establishing a guardianship may remove considerable rights from an individual, it should only be considered after alternatives to guardianship have proven ineffective or are unavailable.”

As you can see, even though the definition is clear, it covers quite a bit of ground. For this reason, you need to consider how guardianship pertains to you and your loved ones.

Top Questions

With so much to think about, the best thing you can do is focus on the questions that most closely pertain to your situation. While everybody is in a unique spot, these five questions are well worth considering:

  1. Are there any alternatives to guardianship?

Before you decide that guardianship is the right choice, there are a few alternatives to consider. These include but are not limited to:

  • Trusts
  • Living wills
  • Representatives
  • Durable powers of attorney
  • Health care surrogacy
  • Community agencies and services

In the end, you may find that guardianship is the best thing you can do. However, you don’t want to make this decision until you consider the pros and cons of every other option.

  1. How will the person under guardianship be affected?

Despite the many benefits of guardianship, it’s important to realize one thing: once a guardian is appointed, certain rights of the person under guardianship may be affected. These rights may be removed:

  • Consent to medical treatment.
  • Make decisions as to where they live.
  • Sell or buy property.
  • Obtain or maintain a driver’s license.
  • Sign a contract.
  • Own a weapon.

It’s important to keep this in mind, as many people don’t understand that guardianship can affect a person in these ways.

  1. What are the responsibilities of a guardian?

A person acting as a guardian is staffed with many high level responsibilities. In other words, this is not something to take lightly. Some of the most important responsibilities can include:

  • Making decisions on where and how a person will live.
  • Making end of life medical decisions.
  • Monitoring finances and medical treatment.
  • Filing required reports with the court in regards to the guardianship.

These responsibilities can eat up a lot of time, so it’s essential that a guardian is ready to take on anything that comes their way.

  1. How does a guardianship come to an end?

As you can imagine, a guardianship does not last forever. Generally speaking, there are three circumstances that lead to the end of a guardianship:

  • When a child reaches the legal age of 18.
  • When the person passes on.
  • If the judge determines that the guardianship is no longer necessary.

Note: the guardian can also ask the court to relieve them of their duties.

  1. Do you need to choose a guardian for your child?

There is a lot that goes into estate planning. If you have minor children, you need to consider what would happen to them if you and your spouse are no longer able to provide care.

Choosing a guardian can put your mind at ease, as you’ll know that there is somebody to take over if you’re gone.

Final Thoughts

With all this in mind, you may have even more questions. Rather than run and hide, take the time to answer each question as thoroughly as possible.

If you need any advice, you may want to download our free report entitled “Fifteen Common Reasons To Do Estate Planning.”

It discusses a variety of details, many of which may relate to your current situation. Once complete, you’ll have a better idea of why now is the best time to move forward with estate planning.

It’s never easy to think about the many details pertaining to guardianship, but it’s something you have to do. Once you better understand the details, you can decide which steps to take next.

  • Author
  • Recent Posts
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
As the owner of Krueger Hernandez & Thompson SC, it is Stephanie’s mission to address each client’s goals for their estate plan. By identifying their wishes and concerns she can educate, guide, and counsel on the different tools and options that will effectively and efficiently accomplish those goals.
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
Latest posts by Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC (see all)
  • The Questions of Estate Planning, Part 6: Why - January 6, 2020
  • The Questions of Estate Planning, Part 5: How - January 2, 2020
  • The Questions of Estate Planning, Part 4: Where - December 30, 2019

Estate Planning

MIDDLETON

8215 Greenway Blvd, Ste. 590
Middleton, WI 53562
United States (US)
Phone: (608) 824-9540
Fax: (608) 824-9140

BARABOO

120 Third Street, Unit A
Baraboo, WI 53913
United States (US)
Phone: (608) 356-3961
Fax: 608-824-9140

By Appointment Only
All Mail Should be Directed to the Middleton Address

Opening hours

Monday7:00 AM - 5:30 PM
Tuesday7:00 AM - 5:30 PM
Wednesday7:00 AM - 5:30 PM
Thursday7:00 AM - 5:30 PM

Map

map for Krueger Hernandez & Thompson SC Estate ofice

Se Habla Español
Nous Parlons Français

  • Facebook
  • LinkedIn
  • Twitter

© 2021 · American Academy of Estate Planning Attorneys, Inc. | Disclaimer | Privacy Policy | Sitemap | Contact Us