Adult Decision-Making
When you turn 18, you are able to vote, sign contracts, join the military, and have a bank account on your own. Having some support with making big decisions may be a choice you want to consider.
Any person in Wisconsin over the age of 18 is legally an adult and is presumed to be able to manage his or her own finances, choose where to live, consent to medical treatment, vote, make contracts, marry, and exercise his or her own legal rights as an adult. This presumption does not change because a person has a disability. When a person is unable to do some or all of these, some form of decision-making support may be needed. It is important that families start this conversation early and learn about the full range of options. The Supported decision-making process is applicable once the person is 18 or older. It can be a long term or a short term approach to supporting an individual as they learn & develop decision-making skills.
Information on this page does not constitute legal advice or representation. For legal questions, please consult with a legal professional.
Supported Decision-Making
Supported decision-making empowers individuals with disabilities to make informed decisions about their life that protect their rights and ensure their safety and privacy. It involves family and friends working together to help them make complex decisions. A Supported Decision-Making (SDM) Agreement is a legal tool in Wisconsin that allows a person to formally designate the people they want supporting them when decisions are made. The supported decision-making process is applicable once the person is 18 or older. It can be a long or short-term approach to supporting an individual as they learn and develop decision-making skills.
SDM Resources:
Guardianship
Guardianship is a legal process. 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 impairment in decision-making or communication that meets the legal standard for a finding of incompetence.
Wisconsin Department of Health Services – Guardianship
Overview of guardianship of adults in Wisconsin.
Guardianship Support Center
Information and assistance on issues related to adult guardianships from GWAAR. The Basics of Guardianship is a great resource to better understand the process.
Who Can Be a Guardian?
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The court can appoint any adult to serve as guardian of either person or estate of the person (restrictions apply).
The court can appoint the same person as guardian of both person and estate, or can divide the responsibilities between two people. The court can appoint any two people to act as co-guardians. -
Certain nonprofit corporations and associations may be appointed by the court, if they have been found by the Department of Health Services (DHS) to meet the DHS rules governing corporate guardians.
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Per WI ACT 97, all guardians are required to take the Guardianship Training at least 96 hours prior to the final hearing to be appointed permanent guardian of the person and/or guardian of the estate.
County Human Services agencies can offer assistance in understanding guardianship and, in some cases, navigating the process.
NOTE: specific legal advice can only be provided by an attorney.
County Contacts Who Can Help:
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Children’s Long Term Services (CLTS)
If child is currently receiving Waiver Services, contact your County Social Worker for assistance in navigating the guardianship process. NOTE: If child is currently NOT receiving Waiver services, Adult Protective Services may be able to provide assistance. -
ADRC – Can provide global information on the process of guardianship
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Register in Probate Office – Forms required for Guardianship
Racine County
Waukesha County
Walworth County
Process – A petition for guardianship is filed with the court. This can be done by:
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Self-Representation
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Retaining an Attorney to represent the Petitioner(s)
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The court requires the appointing of an attorney as guardian ad litem for the person to which the petition will be served.
FREE Brief Legal Advice
Information and details can be found on the Wisconsin State Law Library.
Conversations with Family Members and Caregivers about Supported Decision-Making
Trigger Points for Conversations
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Advance Planning
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Recognizing and Responding to a Concern before a Crisis
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Crisis Driven Decisions
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Post Crisis – Now What
Conversation Questions
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What kinds of decisions does the Individual make successfully?
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Are there decisions with which the Person has difficulty accessing information or understanding their options?
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Are their kinds of decisions that the person does not have significant experience making?
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Is the person like to develop or regain capacity which could impact decision making?
When Looking at Natural Supports
Are we asking the Natural Supports if they are willing or able to provide supports for an individual?
What you should know about Wisconsin law
Additional REsources
Watch one of the newest webinars on Wisconsin’s Supported Decision-Making Law, presented by local experts.
WI Board for People with Developmental Disabilities Resources for Supported Decision Making and Guardianship Alternatives:
Supported Decision-Making and Guardianship Alternatives | Wisconsin Board for People with Developmental Disabilities (wi-bpdd.org)
GWaar.org Provides legal information and resources to families and professionals regarding guardianship, alternatives to guardianship, powers of attorney, and other related topics.
Learn about Supported Decision-Making in Wisconsin - Wisconsin (arcwi.org) The Arc of WI provides resources and worksheets on Future Planning, Supported Decision-Making and other alternatives to guardianship.
