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Special Needs Planning

Navigating Adult Guardianship

Navigating Adult Guardianship for Individuals with Disabilities in Wisconsin

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Planning for the future of a loved one with disabilities is an emotional and complex journey. As a parent, caregiver, or advocate, you want to provide support while preserving as much independence as possible. But when an adult with disabilities is unable to make sound decisions about their personal care, finances, or overall well-being, legal guardianship may be necessary.

In Wisconsin, guardianship is a legal process where a court appoints a trusted individual to make decisions on behalf of an adult who cannot do so themselves. This is a big step, as it involves removing certain rights from the individual, which is why Wisconsin courts approach it cautiously. The goal is always to strike a balance—protecting those who need help while allowing for as much self-determination as possible. Understanding how guardianship works, the different types available, and what responsibilities come with it can help families make informed choices that best serve their loved ones. 

What Is Guardianship and When Is It Needed?

Guardianship is intended for individuals who are unable to make responsible decisions due to a developmental disability, mental illness, brain injury, or other condition that affects their ability to manage daily life. It provides a legal framework for someone—often a family member or trusted individual—to step in and help with decisions related to personal care, healthcare, and finances.

The process is not something to take lightly. While it offers protection, it also means the individual loses certain rights. This process is why guardianship is often considered a last resort—Wisconsin courts will first explore whether there are less restrictive alternatives, such as a power of attorney or supported decision-making agreements, that could provide the necessary support without removing autonomy. If a loved one is unable to understand or sign legal documents like a power of attorney, or if they are making decisions that put their well-being at risk, guardianship may be the best path forward. However, it’s essential to know that this process isn’t one-size-fits-all—different types of guardianship exist, depending on the needs of the individual.

Understanding the Different Types of Guardianship

Not all guardianships are the same, and Wisconsin law offers several options based on the level of support needed. A guardian of the person makes decisions about the individual’s well-being. These decisions include healthcare choices, living arrangements, educational opportunities, and other aspects of daily life. This type of guardian ensures that the individual receives the care they need, whether approving medical treatments or coordinating supportive services.

On the other hand, a guardian of the estate manages financial matters, like paying bills, handling government benefits, managing bank accounts, or making investment decisions. While this role comes with a great deal of responsibility, it’s important to note that a guardian of the estate does not have unlimited control—they must act in the individual’s best interests and keep records of all financial transactions, often reporting back to the court.

For some individuals, limited guardianship might be more appropriate than full guardianship. In this arrangement, the court allows the individual to retain certain rights while the guardian assists in specific areas where help is needed. Limited guardianships are preferred, when possible, as they allow for greater independence.

In urgent situations, temporary or emergency guardianship may be granted if an individual is in immediate danger due to neglect, abuse, or financial exploitation. These are short-term solutions, typically lasting no more than 60 days, until a more permanent arrangement is determined.

How the Guardianship Process Works in Wisconsin

The legal process of establishing guardianship begins with filing a petition in the circuit court. This petition is typically submitted by a family member or another interested party, outlining why guardianship is needed.

A key part of the process is obtaining a medical evaluation from a licensed physician or psychologist. This evaluation helps the court determine whether the individual lacks the capacity to make decisions independently. The court also appoints a guardian ad litem (GAL)—a neutral attorney who investigates the case and makes recommendations based on what would be in the individual’s best interest.

During the court hearing, a judge reviews all evidence, including medical reports, testimony from family members, and the GAL’s findings. The individual in question has the right to be present at the hearing and to contest the guardianship if they wish. If the judge determines that guardianship is necessary, they will issue Letters of Guardianship, officially granting authority to the guardian.

Once guardianship is in place, the guardian must follow strict legal and ethical guidelines. Annual reports to the court may be required, detailing the ward’s health, finances, and overall well-being. The guardian is also responsible for making decisions prioritizing the individual’s best interests while supporting their independence as much as possible.

Responsibilities of a Guardian

Being a guardian is a significant commitment, requiring dedication, organization, and a deep sense of responsibility. The role extends far beyond making decisions—it involves advocating for the individual’s well-being, ensuring they have access to the right resources, and making choices that align with their best interests.

For those managing financial matters, careful record-keeping is a must. Guardians of the estate must track all income, expenses, and significant financial decisions, as they may need to report this information to the court. Mismanaging funds or failing to act in the ward’s best interests can result in legal consequences.

Meanwhile, a guardian of the person is responsible for ensuring the individual receives proper medical care, lives in a safe and supportive environment, and has opportunities for personal growth. While they have the authority to make these decisions, they must always consider what the individual would want and support their ability to make choices whenever possible.

Alternatives to Guardianship

Because guardianship removes certain rights, Wisconsin courts encourage families to consider less restrictive options first.

One alternative is a power of attorney (POA), which allows an individual to appoint someone they trust to make financial or healthcare decisions on their behalf. A power of attorney is a good option if the person still can understand and agree to such an arrangement.

Another option is supported decision-making agreements, where the individual retains decision-making power but receives assistance from trusted supporters in understanding and making choices, which can be an excellent middle ground for those who need guidance but can still participate in decision-making.

For financial management, a representative payee can be appointed to oversee Social Security or disability benefits, ensuring funds are used appropriately without requiring full guardianship.

Finding the Right Path for Your Loved One

Deciding whether to pursue guardianship is never easy, and it’s not a decision to make alone. Seeking professional guidance can help families understand their options, navigate the legal process, and ensure they are making the best choices for their loved one’s future.

As both a mother of a child with special needs and a financial advisor, I understand the weight of these decisions. Guardianship is more than just a legal process—it’s about protecting and supporting the people we love while ensuring they have the best quality of life possible. Explore Wisconsin’s Handbook of Adult Guardianship for more information.

At Four Leaf Financial Planning, we work with families to create strategies that safeguard financial security while considering the emotional and legal aspects of special needs planning.

If you’re facing questions about guardianship or other aspects of planning for a loved one with disabilities, let’s talk. You don’t have to navigate this alone.

 

 

Choosing a Trustee

Choosing a Trustee for a Special Needs Trust: What You Need to Know

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Planning for the future of a loved one with disabilities is one of the most important financial and legal decisions you can make. A Special Needs Trust (SNT) is a powerful tool designed to protect assets while preserving eligibility for essential government benefits such as Supplemental Security Income (SSI) and Medicaid. However, one of the most critical decisions in establishing an SNT is choosing the right trustee to manage the trust and act in the beneficiary’s best interests.

A trustee has significant responsibilities, including managing investments, making distributions, ensuring compliance with complex laws, and acting as a fiduciary for the individual with special needs. Selecting the right person or entity requires thoughtful consideration.

We’ll explore the different types of trustees, their responsibilities, key qualities to look for, and common challenges to consider when making this important decision.

Understanding the Role of a Trustee

A trustee is responsible for managing the financial and administrative aspects of a Special Needs Trust. This is not just about handling money—it’s about ensuring the well-being of the beneficiary while navigating legal, tax, and government benefit rules.

Key Responsibilities of a Trustee

  • Financial Management – Overseeing investments, ensuring funds are used appropriately, and maintaining financial stability for the beneficiary.
  • Distributions – Determining when and how to make payments while ensuring they don’t disqualify the beneficiary from government benefits.
  • Government Compliance – Understanding complex rules around SSI, Medicaid, and other benefits to ensure trust distributions don’t interfere with eligibility.
  • Tax Management – Filing tax returns, managing tax liabilities, and ensuring compliance with IRS regulations.
  • Record-Keeping & Reporting – Maintaining detailed records of trust transactions and providing reports as required by law.
  • Advocacy for the Beneficiary – Acting in the best interests of the individual, working with caregivers, and ensuring the beneficiary’s needs are met.

Since a trustee holds such an important role, selecting the right person or institution is essential for the long-term success of the trust.

Types of Trustees for a Special Needs Trust

When choosing a trustee for a Special Needs Trust, you generally have three main options: a family member or close friend, a professional trustee, or a combination of both through a co-trustee arrangement. Each option has its advantages and challenges, and the best choice depends on your loved one’s unique needs and your family’s financial and personal situation.

Many families choose a trusted family member or close friend as the trustee, often because they have an intimate understanding of the beneficiary’s personality, needs, and long-term goals. This personal connection can make a significant difference in ensuring that the trust is administered in a way that aligns with the beneficiary’s best interests. However, managing a Special Needs Trust requires more than just good intentions—it demands financial knowledge, an understanding of government benefit rules, and the ability to keep detailed records. Without proper training or experience, a family member acting as trustee may struggle with the complexities of trust administration. Additionally, family dynamics can sometimes create tensions over financial decisions, particularly when multiple relatives are involved.

Another option is appointing a professional trustee, such as a trust company, attorney, or financial institution. These professionals have extensive experience in managing Special Needs Trusts, handling tax compliance, and ensuring that distributions do not interfere with government benefits like Medicaid or Supplemental Security Income (SSI). They bring an impartial perspective, eliminating potential family conflicts over financial decisions. The downside, however, is that professional trustees charge fees for their services, and they may not have a personal relationship with the beneficiary. Some families worry that an institutional trustee may not be as flexible or responsive to the beneficiary’s day-to-day needs.

For many families, the ideal solution is a co-trustee arrangement, which pairs a family member with a professional trustee. This combination allows for a balance of personal knowledge and professional expertise. The family member can provide insight into the beneficiary’s needs and preferences, while the professional trustee ensures that the trust is managed correctly and complies with all relevant laws. Alternatively, families may establish a trust advisory committee, which includes multiple individuals who work together to make recommendations to the trustee, ensuring that financial and personal decisions align with the beneficiary’s well-being. While these approaches can add complexity, they provide valuable checks and balances that can help ensure the trust is administered properly and in the best interest of the beneficiary.

Key Qualities to Look for in a Trustee

Selecting the right trustee goes beyond simply choosing someone who is responsible. Since a Special Needs Trust involves financial management, legal compliance, and personal care considerations, the trustee should have a mix of skills that allow them to navigate these different responsibilities effectively.

One of the most important qualities in a trustee is financial competence. A trustee will be responsible for managing the trust’s investments, making distributions, and handling expenses. This requires an understanding of budgeting, record-keeping, and tax implications. Even if a family member is handling the role, they should be comfortable with financial management—or be willing to seek professional guidance when needed.

Another essential trait is a strong understanding of government benefits. Many individuals with special needs rely on programs like Medicaid and SSI, which have strict income and asset limits. A trustee who doesn’t understand these rules could accidentally make a distribution that disqualifies the beneficiary from receiving crucial benefits. This is why professional trustees, or at least trustees who have received proper training, can be invaluable in trust administration.

Beyond financial and legal knowledge, a trustee must also have good judgment and a deep sense of integrity. The trustee is making decisions that directly impact the beneficiary’s quality of life, so they need to be reliable, fair, and committed to acting in the beneficiary’s best interests. This is particularly important if there are family members who may disagree on financial decisions or if the beneficiary is unable to advocate for themselves.

Additionally, trustees need to be highly organized and detail oriented. Managing a trust requires keeping meticulous records, filing tax returns, and staying on top of reporting requirements. A trustee who is disorganized or inattentive could make costly mistakes, whether it’s missing a tax deadline or failing to document transactions properly.

Finally, availability and long-term commitment are crucial. Serving as a trustee is not a short-term role—it’s an ongoing responsibility that may last for decades. If a family member is chosen, they should have the time and willingness to dedicate themselves to the role. If a professional trustee is selected, they should have a plan in place for continuity, ensuring that if the assigned trustee leaves the institution, another qualified person can step in without disrupting trust administration.

When considering these qualities, remember that the trustee doesn’t have to handle everything alone. If a family member lacks experience in financial management, they can work alongside a professional trustee or financial advisor. The key is to create a system that ensures the trust is well-managed and that the beneficiary’s needs are met now and in the future.

Choosing a trustee for a Special Needs Trust is one of the most important decisions you can make to protect your loved one’s future. As both a mother of a child with special needs and a financial advisor at Four Leaf Financial Planning, I understand the deep emotional and financial considerations that come with this decision. It’s not just about managing assets—it’s about ensuring your child has security, support, and access to the best possible care for years to come. If you would like to talk through your options, or need guidance with special needs planning, I’d love to help.

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Guide to ABLE Accounts: Finding Financial Security for Our Children with Disabilities

As a mother of a child with disabilities, I understand firsthand the financial challenges we face. Between medical expenses, therapies, specialized equipment, and the day-to-day costs of simply maintaining a good quality of life, it can sometimes feel overwhelming. And on top of that, we want to ensure that our children have a secure future, without jeopardizing their access to critical public benefits. That’s where ABLE accounts come in—a valuable tool that has personally helped me plan for my child’s future while navigating the financial hurdles that come with having a loved one with disabilities.

What is an ABLE Account?

The Achieving a Better Life Experience (ABLE) Act, passed in 2014, introduced a powerful option for families like ours. ABLE accounts are tax-advantaged savings accounts designed specifically for individuals with disabilities. These accounts let us set aside money for our children’s needs without risking their eligibility for programs like Supplemental Security Income (SSI) and Medicaid.

Since these accounts were introduced, families across the country have saved over $550 million, allowing them to cover essential disability-related expenses and give their children the security they deserve.

Who Can Open an ABLE Account?

To open an ABLE account, your loved one must meet certain criteria. Right now, the Social Security Administration requires that the onset of the disability or blindness occurred before age 26. However, in 2026, that age limit will shift to 46, meaning even more families will soon be eligible.

Those who already qualify for disability benefits like Supplemental Security Income (SSI) or Medicaid are eligible, as are some people who may not meet the income or resource limits for these programs but still qualify based on their disability. There’s also a process to verify eligibility if your loved one has a physical or mental disability that causes severe limitations.

What Can We Use an ABLE Account For?

Unlike a regular savings account, ABLE accounts are tailored to cover specific expenses that directly support our children’s health, independence, or quality of life. These “Qualified Disability Expenses” (QDEs) include a wide range of essentials:

  • Education and job training
  • Personal support services
  • Medical and health-related costs
  • Food and housing
  • Transportation
  • Financial and administrative services

In essence, these accounts are designed to supplement, not replace, the benefits our children rely on. With an ABLE account, we can save for those critical expenses without compromising their access to SSI or Medicaid.

Making Contributions to an ABLE Account

Anyone can contribute to an ABLE account—family members, friends, employers, and even our kids themselves if they’re working. The annual contribution limit for 2024 is $18,000, which aligns with the gift tax exemption. And for children who work but don’t have access to a retirement plan, there’s an option to contribute a little extra, which can make a meaningful difference.

One of the things I love about ABLE accounts is the ability to grow these savings tax-free. Although contributions aren’t tax-deductible, any investment earnings in the account aren’t taxed when used for qualified expenses. This tax advantage allows us to make the most of our contributions, stretching each dollar further for our child’s future.

Protecting Access to Public Benefits

One of my biggest concerns, and I’m sure many of you share this, is ensuring my child maintains eligibility for critical support programs like SSI and Medicaid. ABLE accounts have special rules that help with this. For example, while SSI normally limits an individual’s assets to $2,000, ABLE accounts allow us to save up to $100,000 without affecting SSI benefits. And even if we exceed that, Medicaid eligibility remains intact, providing peace of mind.

The Tax Benefits of ABLE Accounts

ABLE accounts work similarly to 529 college savings plans, allowing our savings to grow tax-free. This structure encourages families like ours to build up funds over time without the fear of losing it to taxes. When we use the earnings for qualified expenses, they’re tax-free—meaning we can use every dollar of interest or growth toward our child’s needs.

Getting Help from a Special Needs Planning Attorney

If you’re considering an ABLE account, I’d recommend consulting a special needs planning attorney. They can help you understand how an ABLE account fits into your broader financial and estate planning goals. Attorneys can also guide you on other tools, like special needs trusts (SNTs), to help safeguard your child’s future.

For me, finding financial tools that secure my child’s future is more than just smart planning—it’s peace of mind. Knowing that ABLE accounts exist to help families like ours navigate these financial waters has been such a relief. So if you’re just beginning this journey or are ready to dive deeper, consider exploring the ABLE account options available in your state. Together, we can build a foundation of financial stability and independence for our children, helping them live their best lives.

At Four Leaf Financial Planning, we’re here to support you in navigating this journey. If you want to explore ABLE accounts or other strategies, please reach out. Remember, we’re in this together—and with the right tools, we can empower our children for a brighter future.

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Voting Rights for People with Disabilities: Ensuring Every Voice is Heard

At Four Leaf Financial Planning, we believe everyone’s voice matters, and voting is one of the most important ways to make yours heard. Yet, for many individuals with disabilities, the process of voting hasn’t always been as simple or accessible as it should be. If you or someone you love has faced barriers when trying to vote, you’re not alone. Let’s talk about what the law says about your rights and how to make sure you can participate in this essential democratic process.

Why Voting Matters—and Why It’s Not Always Easy

The right to vote is fundamental, but too often, outdated assumptions about people with disabilities lead to challenges at the polls. For example, some individuals with visual impairments may struggle to read a ballot, while others using mobility aids like wheelchairs might find polling places inaccessible. These barriers can make an already complex process feel overwhelming. The good news is that federal civil rights laws are in place to protect your right to vote and ensure you have the same access as everyone else.

Your Legal Protections: A Quick Overview

Let’s break down the key laws designed to protect your voting rights:

  • Americans with Disabilities Act (ADA): This law requires state and local governments to make sure voting is accessible in every way—from registration to casting your ballot. Whether ensuring a polling location is wheelchair-accessible or offering alternatives like curbside voting, the ADA ensures equal opportunities for all voters.
  • Voting Rights Act of 1965 (VRA): The VRA guarantees that voters with disabilities can get assistance from a person of their choice, such as a family member or friend, to help them at the polls. It also ensures that no one can be denied the right to vote based on their ability to read or write.
  • Voting Accessibility for the Elderly and Handicapped Act (VAEHA): Passed in 1984, this law requires polling places for federal elections to be accessible. If an accessible location isn’t available, you must be given an alternative way to vote, such as voting by mail.
  • Help America Vote Act of 2002 (HAVA): This law ensures that every polling place has at least one voting system accessible to individuals with disabilities, offering the same privacy and independence as any other voter.

Registering to Vote: What You Need to Know

Before you vote, you need to be registered. If you’re receiving services from a public assistance office or a program specifically for people with disabilities, you have the right to register through those programs. These offices must help you complete the forms and send them in on your behalf. Additionally, they must provide the same level of assistance as they would with any other service they offer.

Don’t Let Accessibility Issues Stop You

Polling places can vary in their level of accessibility, but the ADA has clear guidelines for what makes a location accessible. If a building isn’t fully accessible, alternative solutions like curbside voting must be provided to ensure you can still cast your vote. Election officials are required to assess polling locations to ensure they meet the needs of voters with disabilities.

Take Action: Know Your Rights, Make Your Voice Heard

Whether it’s making sure you’re registered or ensuring your local polling place is accessible, it’s essential to understand your rights. You deserve an equitable voting experience, and there are resources available to help. For more information, check out the Department of Justice’s ADA resource page or reach out to a local attorney specializing in disability rights.

At the end of the day, your vote counts—literally. Let’s make sure nothing stands in the way of you exercising your right to shape the future. If you have any questions about voting accessibility or how you can ensure your voting experience is a positive one, don’t hesitate to reach out. We’re here to help.

Your vote is your voice—let’s make sure it’s heard!

A Truly Wonderful Special Needs Resource

My focus is the financial and planning aspects of a special needs loved one, but I want to share this resource because it was so impactful for me. When my Emily was born, a day after I received the diagnosis a friend shared this blog with me:
 
Bloom, by Kelle Hampton, Enjoying the Small Things 
 
This blog truly saved my life. Kelle’s daughter Nella was born a year or so before my Emily. She too had a post natal diagnosis, meaning she did not know her baby would have Down syndrome. Kelle eventually wrote a book called Bloom. If you’d like to check it out, here is a link to the trailer for the book. https://www.youtube.com/watch?v=H8mdtbVd1ek

 

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Member of Academy of Special Needs Planners

Member of Academy of Special Needs Planners

Chartered Special Needs Consultant

Chartered Special Needs Consultant

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Disclosures: Advisory services are offered through Four Leaf Financial Planning, a DBA of Forefront Wealth Partners, LLC. Securities are offered through Calton & Associates, Inc., member FINRA and SIPC. Neither Forefront Wealth Partners, LLC nor Four Leaf Financial Planning are owned or controlled by Calton & Associates, Inc. BrokerCheck.

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