November 1st, 2026 |

• Family Law

By Attorney Kendall Wick

Reading Time: 3 minutes

When adult and aging loved ones need help with decision-making and daily living tasks, knowing what to do can be confusing and overwhelming. Can Powers of Attorney help?  Is Guardianship needed? What is the difference?

Powers of Attorney: Planning Ahead for Peace of Mind

In Wisconsin, adults can sign two types of Power of Attorney to delegate authority to another adult to make decisions for them and act on their behalf.  Wisconsin recognizes the Power of Attorney for Health Care under Chapter 155 of the Wisconsin Statutes.   This allows an adult that you (the principal) designate (your Agent) to make healthcare decisions on your behalf if you become incapacitated.  Wisconsin also recognizes a Durable Financial Power of Attorney under Chapter 244 of the Wisconsin Statutes.  This allows an adult that you (also the principal) designate (also your Agent) to access and manage your finances (including things like bank accounts, investments, and real estate, among other things). Unlike a Health Care Power of Attorney, a Financial Power of Attorney becomes effective as soon as it is properly executed (meaning the Agent can act immediately) and will remain in effect if you become incapacitated.  Both a Health Care Power of Attorney and a Financial Power of Attorney remain in effect until you (the principal) revoke them in writing or until death.

Properly executed Powers of Attorney can allow your designated Agent to make medical and financial decisions on your behalf when you can’t make them yourself.  They do not require court orders for your Agent to act.

Guardianship: When Court Intervention Becomes Necessary

Wisconsin law authorizes adult Guardianship under Chapter 54 of the Wisconsin Statutes. Guardianship may be necessary when an adult has been legally determined to be incompetent and does not have valid Powers of Attorney in place, or when any existing Powers of Attorney are not valid.  Being legally determined to be incompetent means the court finds that a person is at serious risk of physical or financial harm due to severe and permanent conditions that result in the person being unable to meet their own needs for physical health and safety.  This requires a report by a physician who has examined the person (the proposed ward) and submitted it to the court, detailing the conditions that make Guardianship necessary.

There are 2 types of Guardianship: Guardianship of the Person and Guardianship of the Estate.   Guardianship of the Person allows the court-appointed Guardian to make decisions about health care, daily living, and the ward’s general well-being.  Guardianship of the Estate allows the court-appointed Guardian to make financial decisions for their ward. 

Guardianship requires a Petition for Guardianship to be filed with the court, an examining physician’s report detailing why Guardianship is necessary, and the appointment of a Guardian ad litem, who is an attorney appointed for the ward (the person Guardianship is being requested for) who will make a report to the court explaining whether Guardianship is necessary and in the ward’s best interests, and court orders if the Guardianship is granted.

Powers of Attorney are a powerful advance-planning tool that can help people who need assistance with daily decision-making.  However, to be valid, Power of Attorney forms must be completed and signed before a person needs them.  A person must be competent to sign legal documents for signed Powers of Attorney to be valid.  If valid Powers of Attorney do not exist, Guardianship may be necessary.  

For your protection and your family’s peace of mind, consult an Estate Planning attorney about preparing and signing Powers of Attorney for both Health Care and Finances before you are in a position where they are needed.  If you are in a situation with a loved one who does not have valid Powers of Attorney to allow decision-making on their behalf, a Guardianship may be needed, and an attorney can help with that process.