Wisconsin Guardianship And Conservatorship Legal Questions

What gobbledygook!  Ordinarily a Durable Power of Attorney gives you authority to access someone's finances to pay for his care.  Being nominated means just that:  the person would prefer that the court appoint you.  Usually a person with valid Medical and Durable Powers of Attorney does not need a guardian, which a court must appoint.... Read More

"Immediate danger to self or others" is the test for admission to a psychatric hospital. The test for guardianship is whether, due to a physical or mental condition, the person is unable to provide for her own food, shelter and medical care or unable to manage her own finances.   If your mother has grandted someone a power of attorney for finances, that person, too, can access her accounts and pay for her care.  If your mother has granted someone a power of attorney for healthcare, that person can speak for your mother when she cannot communicate.  Other than a guardian of her person, only your mother has the authority to decide where she lives.... Read More

If you want your niece to continue living with you and if both her parents agree, they can sign a Temporary Power of Attorney for Our Minor Child, allowing her to live with you and giving you authority to register her in school, take her to the doctor, etc.  This is revocable at will.  Any family law attorney should be able to provide the form.  You may also be able to get one from your local legal aid (Volunteer Legal Services).... Read More

In many states both parents, acting together, can grant a temporary power of attorney allowing someone to take the child to the doctor, enroll him in school, etc.  This is revocable at will.  Guardianship can only be awarded by a court and usually involves voluntary or involuntary termination of parental rights.  Please see a local family law attorney.... Read More

Dear Anonymous, Under the given set of circumstances, you would definitely need an attorney.  Your daughter is an adult now and you'll need a new report, a doctor's report, which states she is unable to handle her personal and/or financial affairs.  Financial affairs come into play if indeed your daughter receives any sort of state assistance because by such, she has an "estate" which needs managing.  Guardianships are not only granted for folks that are mentally & developmentally disabled, but also for those who because of some behavior (i.e., alcohol, drugs, gambling) are rendered unable to properly manage their own affairs.  Your daughter, being 25 will have some say in who is appointed as her guardian and if this older woman is as cunning as she sound, she may influence whom your daughter selects or at least indicate your daughter should vehemently oppose any sort of guardianship if she legally can.  Unfortunately, guardianship isn't something you can take your daughter by surprise with.  She has to be given notice.  I strongly suggest you consult an attorney.  It sounds as though you really love your daughter and that you are living the nightmare of many a parent.  Fight for her smartly by investing money in a good attorney or beg one to do the guardianship for you pro bono.  Best wishes to you and please and know that you will not always be sen as the enemy by your daughter.... Read More