Legal Question in Elder Law in Wisconsin

Is it possible in Brown County WI for a caregiver who isn't the guardian, but the WI guardian resigned though the court didn't dismiss that guardian, to take a ward under guardianship of the person to another state to establish a guardianship there without asking the WI court's permission to leave the state and relocate with the ward? Can a relative who is the guardian in WI get compensated financially for being the guardian in WI?


Asked on 7/01/12, 12:48 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Guardianships and other long term court cases (such as child custody matters) are routinely transferred between jurisdictions, but only with permission of the court. Leaving the jurisdiction with the ward without first getting court permission could get you charged with kidnapping, elder abuse, or a host of other charges. You therefore need to retain an experienced probate or elder care attorney to advise you on how best to proceed with the proposed transfer. Other relatives and concerned parties would have the right to object to such a transfer, so a hearing, with notice to everyone, might be required. Guardians, whether or not they are related, can indeed sometimes be compensated for their efforts (even from the funds of the ward), but, again, you should seek court permission before doing this, or face potential charges of embezzlement, conflict of interest, etc. before you accept compensation from the ward's monies. Please be aware that my responses to you in the public web forum do not make me your attorney and that I am not representing you or taking any action on your case. These answers are intended for public educational use only and may also contain lawyer advertising materials. Regardless of this, however, you are still welcome to contact me during business hours at my in Racine if you still have questions. See me on the web at www.jayknixonlaw.com.

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Answered on 7/03/12, 5:50 am


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