Guardianship Decisions
December 28, 2015
Turning 18 years old in our society means a person has reached the age of majority and now has legal rights that were once controlled by parents. Those rights could include decisions about medical treatment, finances, and/or living conditions. These are the types of heavy and important decisions that parents of special needs children lose sleep over and have anxieties about since their child was first diagnosed. If only worry and anxiety could slow time and make long term planning for a special needs child easier. Alas, it can not. There is some peace of mind in planning ahead, however. Becoming a legal guardian is one of the ways that parents can ease the transition and continue to make or at least be a part of the decision making process.
Guardianship is a legal proceeding in which someone (usually a family member) asks the court to find that a person is unable to manage his or her affairs effectively because of a disability. Autism is one such disability that is considered. A guardian steps in the shoes of the person with a disability and makes the decisions for them. The process of gaining guardianship can be serious and time-consuming not to mention costly. This decision should be thoroughly researched and all the options considered. We suggest the advice of a family law attorney or a special needs attorney as well as the input of the child’s therapists, counselors and teachers to help you and your family decide if this is the right path for you or your child. (Special Needs Resources)
There are essentially three forms of guardianship: Guardianship of the Person, Guardianship of the Estate/Property, or Guardian of both the Person and the Estate. Of these, full Legal Guardianship covering both property and person is the most intensive. There are also alternatives to guardianship such as Trusts, Assisted Living Services or even a Durable Power of Attorney. Deciding wheat level of guardianship that is right for your family can be difficult so plan ahead and start thinking about the transition well in advance. Protecting your child while still providing some independence can be juggling act. Here are some resources to get you started with your research.
Managing property tied to guardianship arrangements can add another layer of responsibility for families already navigating complex legal and personal decisions. A home or inherited property connected to a loved one’s estate may require ongoing upkeep, taxes, and administrative attention that not every family is prepared to handle long term. When priorities shift toward care, stability, and planning for the future, holding onto real estate may feel less practical and more burdensome.
In areas across Milwaukee, families facing guardianship transitions often explore the option of selling property to simplify financial matters and reduce stress. Releasing a property that no longer fits current needs can free up resources that better support care plans, therapy, education, and daily living arrangements. Fast cash buyers provide a direct path for families who want to move forward without extended waiting periods or complicated negotiations.
Choosing to sell a property connected to guardianship planning can help families focus on what truly matters: stability and support for their loved ones. A straightforward home sale offers clarity during an otherwise demanding time and allows families to redirect energy toward long-term wellbeing. Moving on from a property can be a practical step toward creating a more manageable and supportive future for everyone involved.