Until reaching the age of 18, children are given guidance through the natural guardianship of their parents. When a child turns 18, it is assumed (legally) that the child can manage aspects of life (financial, medical, legal) on their own. Some people cannot manage these aspects of life on their own and require a legal guardian to support them after their 18th birthday.
When Should I Start?
It is recommended that families begin the guardianship process at 17 years, 6 months of age. After turning 18, the process for obtaining legal guardianship can be more complicated.
In Marathon County, it is recommended that you make an appointment at the Aging and Disabilities Resource Center first. They will do an evaluation and then refer you and your son or daughter to the next step. Trained staff will meet with you to explain the guardianship process, complete the necessary paperwork and assist you in filing a petition with the court.
You can contact a private attorney to initiate the guardianship evaluation on your own; however, you will be responsible for all legal fees associated with the guardianship proceeding.
Guardianship
To obtain legal guardianship, a legal proceeding is held to establish the need for guardianship in areas where the disabled adult cannot protect their own best interests and/or exercise their legal rights. An evaluation will need to be done by a physician and/or a psychologist to provide evidence that the person in question cannot make their own decisions. After gaining the necessary documentation, you will have a court date with your attorney and a judge to grant the guardianship.
Guardianship is based on a list of rights and appropriate decisions you believe your son or daughter is not capable of making on their own (such as finances, medical decisions, marriage, voting, jury duty, obtaining a hunting or fishing license, etc.).
In Wisconsin, you will have the option to have limited/shared guardianship, allowing your son or daughter to keep as many rights as deemed appropriate or full guardianship, which grants you control over decisions in all areas. Please use the following resources to learn more;
Guardian Handbook
Guardianship Support Center Webpage
Legal Resources for Guardianship Webpage
Supported Decision Making
The Marathon County Department of Health and Human Services will help determine the least restrictive guardianship option for your child. In some cases, appointing a supported decision-maker is less restrictive and more appropriate than guardianship.
The principles of supported decision making are: everyone has the right to make choices, people can get help making choices without giving up that right, people will often need help in understanding, making, and communicating their choices. When people choose to use Supported Decision-Making, they work with friends, family members, and others they trust to help them understand the situations they face to make their own decisions.
When selecting a Supported Decision-Maker, it is also recommended that individuals appoint a Power of Attorney for Finances and health care. Please reference the following resources to learn more about supported decision-making and appoint a Power of Attorney.
Supported Decision Making Slideshow Presentation
Supported Decision Making Brainstorming Guide
Supported Decision Making Agreement Form
Supported Decision Making in Wisconsin Law
Power of Attorney Financial Information
Power of Attorney Health Care
