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PRACTICE
GUARDIANSHIP
Experience, Compassion, and Integrity in Every Case
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Guardianship is a legal tool designed to protect individuals who cannot fully care for themselves or manage their affairs. Whether you’re seeking guardianship for a minor child or an adult, the goal is the same: to ensure that the person’s physical, emotional, and financial needs are met responsibly. At Legacy Law Firm, LLC, I understand that the decision to pursue guardianship often arises during challenging or delicate circumstances. As a fourth-generation attorney committed to faith, integrity, and compassion, my role is to guide you through every step of the process with knowledge and empathy.
I proudly serve Chippewa County, Eau Claire County, Barron County, Buffalo County, and Dunn County, offering comprehensive guardianship services that address a wide range of scenarios. This includes establishing full, limited, temporary, or emergency guardianships for minors and adults, as well as guardianships over their personal well-being (the person) and financial interests (the estate). My firm commitment is to uphold the dignity of those under guardianship while ensuring legal requirements are meticulously followed.
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Guardianship of Minors
When it comes to minors, guardianship may be necessary for various reasons, from a parent’s inability to care for a child to the unfortunate event of a parent’s passing. Depending on the situation, you may seek full guardianship (long-term oversight), limited guardianship (restricted to specific decisions or timeframes), or even emergency guardianship if immediate action is required for the child’s safety and welfare.
1. Full Guardianship
Full guardianship grants you comprehensive authority over the child’s daily needs and major life decisions, including education, healthcare, and housing. This option is often pursued when parents are unable or unfit to provide care, creating a stable environment where the child can thrive.
2. Limited Guardianship
Limited guardianship provides more narrowly defined rights and responsibilities. It’s suitable for circumstances where a parent needs assistance with certain decisions or when the guardianship is intended to be temporary until a parent can resume full responsibilities.
3. Emergency or Temporary Guardianship
In urgent situations—such as unexpected health crises or dangerous living conditions—an emergency or temporary guardianship can be established quickly to protect the child’s best interests. This type of guardianship typically lasts only for a short period, ensuring immediate needs are met until a more permanent arrangement can be determined.
Guardianship of Adults
For adults, guardianship may be sought when an individual can no longer make safe or sound decisions regarding their personal or financial affairs due to age, illness, or disability. Whether you’re stepping in as a caregiver or need legal authority to act on behalf of a loved one, the process should be handled with sensitivity and respect for the adult’s autonomy.
1. Guardianship of the Person
When someone is appointed as a guardian of the person, they’re responsible for making decisions related to the individual’s healthcare, living arrangements, and overall well-being. This can include consent to medical treatments, coordination of supportive services, and supervision of daily care.
2. Guardianship of the Estate
A guardian of the estate manages the individual’s financial affairs, such as paying bills, overseeing investments, and safeguarding property. Proper management of finances is crucial to maintain the ward’s quality of life, prevent financial exploitation, and ensure their long-term stability.
3. Limited & Emergency Guardianships
Adult guardianships can also be limited in scope, allowing the ward to maintain certain decision-making powers or personal freedoms. In crisis situations, an emergency guardianship may be granted quickly to address immediate health or safety concerns.
FAQs
How is guardianship different from adoption?
Guardianship grants you legal authority over certain aspects of a child’s or adult’s life without severing existing parental or familial rights, whereas adoption permanently transfers all parental rights and responsibilities. Both arrangements focus on the individual’s best interests, but adoption creates a new, permanent legal relationship, whereas guardianship can be changed or terminated under certain conditions.
Do I need an attorney to establish guardianship?
While it’s possible to file guardianship paperwork on your own, the process can be legally complex and emotionally draining. An attorney can help ensure all steps are correctly followed, advocate for your interests in court, and offer guidance tailored to your unique situation, reducing the risk of errors or delays.
Can guardianship be contested or changed?
Yes, guardianship orders can be contested by parents, family members, or even the individual under guardianship. They can also be modified or terminated if circumstances change—such as a parent regaining the ability to care for a child or an adult’s health improving. I assist with both establishing and modifying guardianships to ensure your loved one’s needs continue to be met appropriately.
Still Have Questions? Reach Out to Legacy Law Firm, LLC
If you need further clarification on any legal matter or would like to discuss your unique situation, please don’t hesitate to contact my office. I’m here to listen, provide clear guidance, and advocate for your best interests. Let’s work together to find the most effective path forward for you, your family, or your business.
