LEGAL GUARDIAN

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YOUR COMMITMENT CAN MAKE A WORLD OF DIFFERENCE TO SOMEONE WHO LACKS THE SUPPORT THEY DESERVE!

Manage financial and/or personal decisions for those who need help

Note: This is a program for people interested in becoming a legal guardian. If you are looking for a legal guardian to be appointed, please contact the Aging and Disability Resource Center at 866-739-2372 or email at adrc@outagamie.gov or visit their website ADRC

The Outagamie County Department of Health & Human Services is responsible for providing volunteers to serve as legal guardians for individuals who have been found to be incompetent. In this role, we recruit, offer training, and serve as a resource to individuals who are interested in assuming this challenge.

Time Commitment

  • The work can be completed around your schedule
  • Face to face visits with the ward quarterly


Qualifications

  • Pass background check 
  • Make informed decisions
  • Be willing to interact with diverse populations
  • Work with family members and other agencies
  • Maintain clear ledgers (Guardian of Estate)
  • Use online banking (Guardian of Estate)


Key Responsibilities

  • Complete annual report/annual accounting report
  • Make life decisions for ward such as education, recreation, living arrangements, food, clothing, medical care
  • Pay monthly bills (Guardian of Estate)


 

Application and Training Links

 

Resources

Court Rules

Appointed Guardian Next Steps

Guardian Training Flyer(PDF, 594KB)

 

Links to Commonly Used forms

Guardianship Inventory

Condition of the Ward

Account of Guardian/Conservator

Notice of Change of Address

FAQ

Who can serve as guardian?

A guardian must be a mature and responsible adult who is capable of fulfilling their responsibilities. Preference is given to family and other relatives when appointing a guardian. If a family member is not available, a volunteer is nominated. All volunteer guardians are registered with our department and are on the state registry.


What are the responsibilities of a guardian?

Responsibilities are determined by the court and will depend upon whether a full guardianship is ordered or a partial one (meaning of the person only or estate only).


What are the responsibilities of a Guardian of Person?

  • Making decisions regarding care, such as: place of residence, medical services, and social needs
  • Acting as an advocate for the ward
  • Securing necessary services to meet the needs of the ward
  • Reporting to the court as requested  


What are the responsibilities of the Guardian of the Estate?

  • Receive all income 
  • Pay for the ward's care and expenses out of the ward's income 
  • Invest the ward's assets wisely 
  • Report to the court on an annual basis


Will I be assisted in fulfilling these responsibilities?

  • The court and the Department of Human Services will be actively involved in overseeing the ward's care and are always available to you for questions or concerns.  
  • The Guardian Assistance Program provides free training, education, and support to guardians in Outagamie County. Attend a training, call with questions, or meet with staff when needed to help you fulfill your role as a guardian of person, estate, or both. Easter Seals Guardian Assistance Program


Do I have any liability?

You are liable for any negligence on your part for the misappropriation of funds and for any willful or inexcusable refusal or failure to file your annual account or provide for the care of your ward. You are not responsible for paying for your ward's care or expenses out of your personal income or for providing personal care of the ward.


What is the role of the guardian when family members are involved and interested in the ward?

When family exists but are not serving as guardian, the guardian should consider them whenever possible. The guardian is responsible for the final decision.


Will I be paid for my services?

Guardians may deduct certain expenses from the ward's estate if the ward's assets are sufficient.


How can I terminate my role as guardian?

You should inform the Probate Office and our department as soon as possible of this request. A successor guardian must be found before you can be discharged. There is a form that needs to be completed. Resignation of Guardian or Conservator


What impact do the guardians have?

In 2025...

... guardians provided services to 10 wards

... wards had a personal representative advocating in their best interests

... wards were not a number on a corporate guardian list 


 

Definitions

Guardian

A guardian is an individual appointed by the court to act as an advocate for a person who has been found to be incompetent. Responsibilities can include overseeing the individual's welfare and making personal decisions on his/her behalf, in addition to managing his/her assets and property.


Incompetent

Incompetent is a legal term used to define an individual adjudged by the court to be substantially incapable of managing his/her property or caring for him/herself by reason of chronic mental illness, developmental disability, infirmities of aging, or chronic alcohol/drug abuse.


Guardian of Estate

A Guardian of Estate has the authority to make all decisions relating to the financial and property affairs for the ward.


Guardian of Person

A Guardian of person has the authority to make day-to-day decisions of a personal nature, except financial decisions, on behalf of the ward. These decision would include arrangements for food, clothing, living arrangements, medical care, recreation, and education. The guardianship includes consent for medical care and other treatment or service/training programs.


Email us!

Contact

Email: hhsvolunteers@outagamie.org

Phone: (920) 832-5515

Fax: (920) 832-5975

500 W Fifth Street, Appleton, WI 54911

Coordinator Hours: 8 am - 1 pm M-F, Building is open until 4:30 pm

 

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