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WisconsinChristianNews.com Volume 25, Issue 9 Understanding Guardianship In Wisconsin
By Attorney Mike Jerominski, McLario, Helm, Bertling & Spiegel Law Offices (See display ad on Page 40 of this issue of WCN) February 2025 There comes a time in some lives when an adult simply cannot take care of
ing and using their property for their own support (for guardianship of the estate). • That the person’s inability to make or commu- nicate decisions creates a serious risk of harm to the person in that their physical health and safety would be at risk without a guardian of the person; for guardianship of the estate, that the person’s property may be lost or wasted, the person may be financially exploited, or the person is unable to support themselves. • Finally, that there is no less restrictive alternative under the specific circumstances of the individual
with government officials, including the right to have input into plans for support services, the right to initiate grievances or complaints about viola- tions of rights, and the right to participate in ad- ministrative hearings and court proceedings, to the extent they are able. • The right to petition for court review of guardian- ship, protective services, protective placement, or commitment orders. • The right to communicate privately with a lawyer, and to ask an attorney for representation. • The right to communicate privately with rights ad-
vidual by statute or the constitutions of the state or the United States, including the rights to free speech, freedom of association, and the free ex- ercise of religious expression. Some rights are removed in full, and may not be exercised by either the guardian or the person under guardianship. These are the rights to:
• Execute a will. • Serve on a jury.
• Register to vote or to vote in an election because the individual is unable to understand the objective of the elective process. Some rights are conditional on the consent of the guardian. These are: • Consenting to marriage. • Applying for an operator’s/driver’s license. • Applying for a fishing license. • Applying for a license under Ch. 29, Wis. Stats., other than fishing. • Applying for any other license or credential under §54.25(2)(c)1.d., Wis. Stats. • Consenting to sterilization. • Consenting to organ, tissue, or bone marrow do- nation. The court may determine that certain rights can be fully or partially transferred. These rights are in the realm of certain decisions about health, health care, education, support services, and vocational services. Finally, for guardianships of the estate, the court will decide to what extent the person retains right to buy, sell, transfer, and gift property, and to what extent the person may engage in everyday, low- dollar transactions. For example, a person may retain the right to have a small amount of cash to purchase food and toiletries, but lose their right to obtain a mortgage or loan without the approval of the guardian. If you know someone who is likely in need of or may require a guardian, The McLario Firm is here to help. Our experienced attorneys can guide you through the guardianship process, ensuring that your loved one’s rights and well-being are fully protected. Contact us today to learn more. McLario.com
themselves any longer. For some it, this comes with a disability, others with injury or advanced age. In Wisconsin, these events are often dealt with by the appointment of a guardian. This article provides a brief summary of what a guardian does, and how one can acquire a guardian for the per- son, of the estate, or both. Wisconsin’s Department of Health Services states that a guardian for an adult is a person or agency appointed by a court to act for an adult who has been found to have a functional impair- ment in decision-making or communication that meets the legal standard for a finding of incompe- tence. It is strongly presumed under Wisconsin law that a person over eighteen years of age is able to make decisions about their health care, where to live, and how to manage their financial affairs. In other words, they are presumed to be competent. In order for a guardian to be appointed for some- one, an interested party must petition the court for the appointment of a guardian. The court must then make a series of findings before it can ap- point a guardian for an adult based on a finding of incompetence. The court must find the following: • That the person is at least 17 years and 9 months old when the guardianship order is issued. • That there is an impairment that fits a listed cat- egory, namely developmental disability, serious and persistent mental illness, degenerative brain disorder, or other like incapacities. • That the person has a lack of evaluative capac- ity. The court must decide that, because of the im- pairment, the person is unable to effectively evaluate information or to make or communicate decisions about their personal health and safety (for guardianship of person) and/or about protect-
in question. The court will make a decision regarding some- one’s competency or incompetency based on the input of the petitioner for the guardianship, a doc- tor or psychologist who examines the person, and a guardian ad litem. A guardian ad litem is a court-appointed attorney who represents the per- son for whom the guardianship is sought. Once the court has decided that a guardian is needed for a person, there comes the issue of what rights and powers the person retains and what rights and powers the guardian is authorized to exercise. A person with a guardian will always retain the following rights: • The right to communicate with the court and
vocacy agencies, including Disability Rights Wis- consin and the state Board on Aging and Long-Term Care. • The right to protest a placement in a residential facility, and to be discharged unless there is an emergency placement or a proceeding resulting in a court-ordered protective placement. • The right to withhold certain consents and refuse treatment. Unless there is a court order, consent of the person, in addition to the consent of the guardian, is required for treatment for mental ill- ness, developmental disabilities, alcoholism, and drug dependence that is considered experimental or drastic. • Any other rights specifically reserved to the indi-
Stolen Valor, Tarnishing the Sacrifice
SonsOfLibertyRadio.com
By Bradlee Dean, Sons of Liberty February 2025
Then I found myself, in the natural (1 Corinthi- ans 2:14), looking to America’s veterans, which are those who have fought, bled, and died in sac- rificing themselves for the freedoms we all enjoy
When an individual poses wearing govern- ment-sanctioned medals, uniforms, or decora-
tions that they are not entitled to wear, they degrade the honor and sacri- fices of those rightly wearing the uni- form. How much more concerning is it that those who are not genuine Christians claim to be so? This past Sunday, I found myself high- lighting the right-
today (1 John 15:13). In the process, I found the parallel be- tween our genuine (war-torn) veterans and those that falsely claim to be veterans who are guilty of “stolen valor.” Stolen valor is the act of falsely claiming to have served in the military or received military decorations or medals.
eousness of Christ, where we are to find ourselves in His righteousness and His merit (His blood), and His righteousness alone (Jeremiah 23:6; 2 Corinthians 5:21; Romans 5:9). As I was preaching (I listen first to what I preach – Isaiah 3:20; John 16:13; Romans 8:14), I caught myself talking about those who claim to be Christ’s, yet bear fruit to the devil (1 John 3:7- 8) and how it is that they claim to be what Christ condemns by feigning themselves to be what they are not! In the process, I found the parallel between genuine Christians, which are those who are washed in the blood of Christ from their sins, have the testimonies of Christ, and have en- tered into the Kingdom of Heaven through the tri- als and tribulations that they have endured for His Name’s sake, and the counterfeit Christians (Matthew 7:21-24;1 John 2:4).
The sufferings and losses (their buddies, their limbs, etc.) endured by them for us all cannot be overemphasized. I respect and appreciate every one of them, so much so, that I honor the laws in which they died ratifying with their blood and sac- rifice. Those who are guilty of stealing that valor (stolen valor tarnishes sacrifice) are taking that which does not belong to them by wearing a uni- form that they did not earn to wear. On the other hand, those who take on the name of Christ and fail to live unto Him who died for them (by receiv- ing what He did for them on the cross and receiv- ing His righteousness by faith; 2 Corinthians 5:15), the Captain of our Salvation (Hebrews 2:10), are the worst of men and guilty imposters who claim to represent God Almighty.
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