Detailed Answer
Short answer: No. Under Wisconsin law, being appointed guardian of the person does not automatically make you guardian of the estate. The court issues authority over personal care (the person) and authority over property (the estate) separately. For the statutory framework that governs guardianships in Wisconsin, see Wis. Stat. ch. 54: https://docs.legis.wisconsin.gov/statutes/statutes/54, and the Wisconsin Courts public guidance on guardianship: https://www.wicourts.gov/services/public/guardianship.htm.
What the two roles control
- Guardian of the person: authority over the ward’s personal decisions — e.g., living arrangements, personal care, day-to-day medical care decisions (subject to statutory limits and court orders).
- Guardian of the estate (guardian of property): authority over the ward’s money and property — e.g., managing bank accounts, paying bills, collecting income, selling property, and filing reports with the court.
Why the court separates the roles
The separation protects the ward by requiring the court to evaluate each type of authority on its own facts. The court must find that the proposed guardian is suitable and that the appointment is necessary and in the ward’s best interest before granting authority over a person’s personal care or property. The court can appoint the same person to both roles, but that result is a matter of separate findings and orders, not automatic.
Typical process if you need both roles
- File a petition asking the court to appoint a guardian of the person, the estate, or both.
- The court schedules a hearing and gives required notice to the proposed ward and interested persons.
- The court evaluates capacity, need for guardianship, and the suitability of the proposed guardian for each role.
- If the court appoints a guardian of the estate, the guardian usually must file an inventory, may have to post a bond, and will need to file periodic accountings with the court. See Wis. Stat. ch. 54 for filing and reporting duties.
- The court issues letters of guardianship (or a written order) that state exactly what powers the guardian holds for the person and/or estate.
Hypothetical example
Linda is appointed guardian of her mother’s person because her mother can no longer make safe decisions about her residence and daily care. Linda does not automatically receive authority to manage her mother’s bank accounts. If Linda needs to pay bills and manage investments on her mother’s behalf, she must ask the court to appoint her guardian of the estate as well (or the family must use another legal tool like a valid power of attorney if one exists).
Common practical points
- If you are appointed guardian of the person but later need to handle money, file a petition for appointment as guardian of the estate.
- Watch the court order or letters of guardianship carefully — they list the exact powers you have.
- The court can impose limits on any guardian’s powers and can require bond, inventories, and accountings to protect the ward’s assets.
For more detail on statutory duties, inventories, bonds, and accountings, start with the guardianship statutes: Wis. Stat. ch. 54, and the Wisconsin Courts’ public information on guardianship: https://www.wicourts.gov/services/public/guardianship.htm.
Disclaimer: This article is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, contact a licensed Wisconsin attorney or the probate clerk in the county where the proposed ward lives.
Helpful Hints
- Before acting on behalf of a ward’s finances, confirm that the court issued letters or an order specifically appointing you guardian of the estate.
- If a power of attorney exists and is valid, it may be an easier way to manage finances than guardianship; check the document and consult counsel if unsure.
- Keep detailed records and receipts for all transactions if you are a guardian of the estate; the court may require formal accountings.
- Ask the court at the guardianship hearing to clarify and include any specific powers you will need (e.g., authority to sell real estate or to hire professionals).
- Contact the county probate clerk or the court’s self-help resources for local procedures and forms. The Wisconsin Court System provides public materials at: https://www.wicourts.gov/services/public/guardianship.htm.
- Consider consulting an attorney experienced in Wisconsin guardianship law before filing or accepting appointment, especially if you expect to manage significant assets or complex financial affairs.