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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 38256
Experience:  30 years in civil, probate, real estate, elder law
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I'm trying to get guardianship of my husband, he's 63 and

Customer Question

Hi, I'm trying to get guardianship of my husband, he's 63 and has alcohol induced dementia. He has incurable upper lobe damage that cannot be helped and no medications to help. Can you tell my the average cost for a lawyer to go to court. Do you know of anyone near Madison, WI that is less costly. Thank you so much for your help
JA: Since laws vary from place to place, what state is this in?
Customer: Madison, Wisconsin
JA: Has anything been filed or reported?
Customer: Yes, he is in the hospital now and the social workers and doctor are filling out the form
JA: Anything else you want the lawyer to know before I connect you?
Customer: Any help will be appreciated, thanks again
Submitted: 3 months ago.
Category: Legal
Expert:  Ray replied 3 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 3 months ago.

Here are four possibilities in your area

I appreciate the chance to help you today.

Annen Roetter, LLC

No reviews · Elder Law Attorney

Madison, WI

(###) ###-####/p>

Open until 5:00 PM

Website

Directions

W.R. Stewart & Associates, S.C.

No reviews · Real Estate Attorney

Madison, WI

(###) ###-####/p>

Open until 5:00 PM

Website

Directions

Wilson Law Group

1 review · Elder Law Attorney

Madison, WI

(###) ###-####/p>

Closing soon: 4:30 PM

Website

Directions

King Law Offices, LLC

No reviews · Attorney

Madison, WI

(###) ###-####/p>

Website

Directions

Expert:  Ray replied 3 months ago.

Good self help here for you about guardianship's..

https://www.dhs.wisconsin.gov/publications/p2/p20460.pdf

Expert:  Ray replied 3 months ago.

More free help here

The Wisconsin Guardianship Support Center (GSC) provides information and assistance on issues related to guardianship, protective placement, advance directives, and more. Operated by GWAAR, the GSC is staffed by Attorney Grace Knutson who responds to requests for information through a toll-free helpline or by e-mail. Calls are returned in the order in which they are received.

How to Contact the GSC:
Call:(###) ###-####br />E-mail:***@******.***

Thanks again, I wish you the best.

Expert:  Ray replied 3 months ago.

C.

A guardian is needed if a person is “incompetent,” and

1.

He or she

was never mentally capable to doing advance planning to appropriately select

someone in accordance with state law to make decisions on their behalf (such as Power of

A

ttorney for Health Care and Finances); or

2.

He or she was mentally capable of doing advance planning prior to incompetency but did

not;

or

3.

He or she did advance planning

,

but it

is invalid or

doesn’t cover the specific issue that

needs address

ing

;

or

4.

He or s

he is the victim of self

-

neglect, abuse, financial exploitation or neglect and the

health care/financial agent is the abuser/exploiter/neglecter or cannot protect the

individual from self

-

neglect, abuse, exploitation or neglect.

II.

What is Guardianship?

Gua

rdianship is:

1.

A

legal relationship

2.

Created by a

county circuit (probate) court

3.

After petitioner proves the necessary factual elements and the proposed ward has b

een

provided due process rights

4.Pursuant to Wis. Stats.Ch. 54

5.

Between a person called “the ward” and another person or persons called “the guardian

of the person” and/or “the guardian of the estate”

6.

When the ward is determined by the court

t

o be “incompetent

Expert:  Ray replied 3 months ago.

To become guardian of an adult, the proposed guardian must file a guardianship petition in the county court with jurisdiction over the proposed ward's residence. The proposed guardian must prove that the adult is incapacitated. An adult is legally incapacitated if he suffers from a physical or mental disability that prevents him from meeting his own personal needs or from competently managing his finances.

A guardian of the person is responsible for providing food, shelter and clothing, making medical decisions, determining where the ward will live, managing his social life and providing for other daily life needs. A guardian of the estate manages the ward's finances. Depending on the circumstances, a court may name one person both guardian of the person and guardian of the estate, or name one person guardian of the person and another person guardian of the estate. If the ward has no property, there is no need to name a guardian of the estate.

Customer: replied 3 months ago.
Thanks for your help
Expert:  Ray replied 3 months ago.

You are so welcome.I wish you both the best.

If you can rate 5 stars it is much appreciated.