Skip to main content

Can I petition for a conservator of my niece or is it limited to guardianship only?

Bayfield, WI |

My sister wants me to handle the assets and income of her daughters estate through a conservatorship. She does not want a guardianship of her estate and specifically said conservatorship. I do not know anything about this so any help would be appreciated.

+ Read More

Attorney answers 3

Best Answer
Posted

In Wisconsin, a "conservator" is legally called the "guardian of the estate." They are the same thing. This is a person appointed by a court to handle the assets and income of an incompetent or minor person.

There can also be a "guardian of the person," who is in charge of living arrangements and medical needs.

Most often, a person is both "guardian of the person" and "guardian of the estate," but those things may be split up, or it may be that a ward only needs their assets managed and can manage their living situation OK. In that case, they only need a guardian of the estate, or a "conservator."

Any advice given through the Avvo site is for hypothetical purposes only, and does not create an attorney-client relationship. The advice is without warranty and you should not rely on this advice without consulting a Wisconsin attorney directly who knows the particulars of your case.

Asker

Posted

Thank you, but, I was asking: Can I petition for a conservator of my niece or is it limited to guardianship only? Because my sister wants ME to be the conservator of her niece to handle only assets and income. My niece is NOT incompetent so a guardianship is out of the question.

Daniel J. Krause

Daniel J. Krause

Posted

You cannot petition to be the conservator of someone, only to be the guardian. If your sister's niece is 18 or older, SHE can petition that you be her conservator. If the niece is not yet 18, then only a guardianship can be done. Please look at the Wisconsin statute on conservatorship: https://docs.legis.wisconsin.gov/statutes/statutes/54/VI/76

Posted

Generally the conservator manages money for the incapacitated person, the guardian manages the life of the incapacitated person.

This is not legal advice. I am not your lawyer. You are not my client. You cannot rely on my response to your question. My response to your question is probably worth exactly what you paid for it. You don't get to sue me for anything. If you'd like to sue me, well you have to hire me first. Here's how you can hire me! #1 Call: 1-888-463-2843 #2 Email: david@davidcarrierlaw.com #3 See me on TV! www.woodtv.com - go to the Ask the Expert tab! #4 Listen to my radio show (2 full hours every week!) www.woodradio.com - go to the podcast section.

Asker

Posted

I didn't ask what the difference is. I asked: Can I petition for a conservator of my niece or is it limited to guardianship only?

Posted

Both attorney offer sound advice. Labels and names mean nothing, get to an attorney who regularly handles these matters.

Hope this helps.

Please remember to designate a best answer to your question.

Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336, his email address is sjfpc@comcast.net , for more tax, estate and business articles visit his website www.sjfpc.com. and blog

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.