Legal Question in Elder Law in Wisconsin

Powers of attorney are certainly a good idea for anyone who is caring for an elderly relative. However, they do have their limitations, particularly in situations where the parents are no longer cooperative; in which situation you may need instead to petition the court for a formal guardianship. Guardianships, however, also have their shortcomings since all flexibility ends due to a guardian needing to get approval of the court in advance of carrying out many of their duties. I cannot advise you regarding your particular power of attorney since I have not read it. Some such documents grant the ward the ability to fire the POA ("Attorney in Fact") at any time. Additionally, WI recently passed extensive modifications of its power of attorney law and instituted new standardized form documents. You would therefore be wise to consult with an experienced Wisconsin estate planning attorney before you make any moves relating to your parents. My comments here are intended to apply to similar situations commonly faced by many, but not particularly to your case, and are offered for public education only. You should therefore consult with your own lawyer or consider retaining one. Since I am not yet your attorney, I will not be taking any action on your case unless you retain me. Disclosure of confidential information in a public web forum is not recommended and is always subject to possible use against you later, in court. You are welcome to contact with further questions at my Racine, WI office at 262-633-3090, or email me at [email protected]. See me on the web at www.jayknixonlaw.com. Also see over fifteen hundred of my past answers arranged by topic at http://www.lawguru.com/answers/search/attorney/jknixon. Web forum answers may contain attorney advertising materials.