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Guardianship

When a parent can’t decide and never signed the papers

A guardianship is a court order naming someone to make decisions for an adult who no longer can. It’s the path when there’s no power of attorney, or when one isn’t enough.

We file the petition, arrange the doctor’s or psychologist’s report, and stand with you at the hearing. When a decision can’t wait, like a hospital discharge or an unpaid care bill, we ask the court for a temporary order first. We also tell you when a guardianship isn’t needed, and what would do instead.

Our flat fee for an uncontested guardianship includes

  • The petition and the filing

  • Arranging the medical report

  • Notice to family members

  • The hearing, with one of us beside you

  • The first year’s court report

An older person's hands held in another person's hand by a brick wall, in black and white

How a guardianship goes

In Milwaukee County an uncontested case often takes six to ten weeks. Court costs and the guardian ad litem’s fee are separate.

  1. 01

    Step 1: A first meeting

    We hear what’s happening and check whether a power of attorney or a smaller step would do.

  2. 02

    Step 2: The petition

    We draft it with you and file it in your parent’s county.

  3. 03

    Step 3: The report and the visit

    A doctor or psychologist writes a report. The court appoints a guardian ad litem, who visits your parent.

  4. 04

    Step 4: The hearing

    Usually short. We go with you and answer the judge’s questions.

  5. 05

    Step 5: After the order

    We help with the first inventory and the yearly reports to the court.

Guardianship questions families ask

Who can be a guardian?

Usually a grown child, a spouse or another relative. The court can name a professional guardian if no one in the family can do it.

Will my parent have a say?

Yes. Your parent gets notice, the guardian ad litem asks what they want, and they can object. We tell the court what your parent still decides for themselves.

My brother disagrees. What then?

A contested case takes longer and costs more. We quote it separately and try mediation first when we can.

Do you handle guardianship for an adult child with a disability?

Yes, often at eighteen. See the special needs trusts page too: the two usually go together.

Talk it through before you file

An hour to decide whether a guardianship is the right step. We quote the fee at the end of it.