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Can a guardian of estate hire an attorney on behalf/for the benefit of the ward? Please Wisconsin only.

Park Falls, WI |

Can a guardian of estate hire an attorney on behalf/for the benefit of the ward?

Can I, the GoE for the ward, enter into a contract with an attorney to represent the ward? I never received anything from the court about what I can and cannot do so I don't know.

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Attorney answers 2

Posted

Look at the Order for Guardianship. The answer is "yes" if the judge did not prohibit the hiring of an attorney.

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Asker

Posted

OK, I see that I can hire an attorney on behalf of the ward. Thank you for pointing that out. The attorney will then be representing the ward and not me, correct? Will the ward also have to sign the retainer or only me? Apologies for all the questions.

Daniel J. Krause

Daniel J. Krause

Posted

You need to read the Order of Guardianship and Letters of Guardianship carefully. It is doubtful if the ward can sign anything legally now. I cannot give you specific legal advice on your situation unless you retain me and I can review all of the relevant documents. If you plan to hire an attorney for the ward, you should ask the attorney first whether you are able to retain him or her on behalf of the ward, showing him or her all of the relevant paperwork.

Asker

Posted

Thank you very much Mr. Krause.

Posted

Yes, unless the appointment order (Letters of Guardianship) remove this power. However, if there is not money in the estate to pay for an attorney, you may be on the hook personally.

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