Your Voice In Life's Uncertain Times

Can guardianship powers be limited?

| May 14, 2019 | Family Law |

The idea that your mother or father is no longer capable of making important life decisions is a painful one and may necessitate consideration of having someone serve as a guardian for your parent in Wisconsin. Still, your parent may not be fully disabled and you may wonder if appointing a guardian is an excessive move. If you are wrestling with this question, one answer is to consider only limited guardianship.

Many individuals are only partially impaired. Although a person may be elderly, he or she can still comprehend many things. They may not suffer from dementia but could have trouble with complex financial matters or are unable to keep up with changing laws that affect their finances. There are also individuals who are mentally sharp but are physically disabled and cannot travel, only requiring some level of care but not full time care.

Forbes explains that in instances where people still maintain control over much of their lives but need help in just one area, the courts can grant limited guardianship. The powers of limited guardians are concentrated to the area where a person needs help. Courts are at times more comfortable with limited guardianships since they do not strip an individual of all control. So for example, if a senior can still run a business well but cannot maintain real estate or other assets, the guardian will only have authority over those assets.

When it comes to a person’s specific needs, it is possible to craft a guardian’s powers so that the guardian exerts authority over those areas. Also, guardianship can be temporary if needed, in cases where a person can recover from an injury of disability. Keep in mind that guardianship needs will take many forms, so this article is only written to provide you with general information on guardianship and is not legal counsel.