Inside Track: PINNACLE's Guardianship and Protective Placement for the Elderly Aids You in Helping People Who Can't Help Themselves:

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    July
    18
    2012

    PINNACLE's Guardianship and Protective Placement for the Elderly Aids You in Helping People Who Can't Help Themselves

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    InsideTrack

    PINNACLE’s Guardianship and Protective Placement for the Elderly Aids You in Helping People Who Can’t Help Themselves

    Elderly persons with serious disabilities or impairments might need assistance with carrying out day-to-day activities or with decision-making about finances and other personal matters.
    Guardianship and Protective Placement for the Elderly

    July 18, 2012 – The third edition of the State Bar of Wisconsin PINNACLE® Guardianship and Protective Placement for the Elderly in Wisconsin brings together all the statutes and cases, along with expert commentary and practice pointers from two experienced attorney authors, needed no matter what the lawyer’s role in guardianship and protective placement proceedings. The guardianship and protective placement chapter take up few pages in the Wisconsin statutes but they and the occasional relevant Wisconsin case can have a huge effect on the lives of older adults who are no longer able to take care of themselves.

    Similarly, the small size of Guardianship and Protective Placement for the Elderly might belie its usefulness to attorneys. The revised third edition is an essential resource for Wisconsin lawyers whether representing petitioners or potential wards or serving as guardians ad litem. The book – available in print and now accessible via the Books UnBound®– takes the reader through the guardianship and protective placement procedures, focusing on striking the balance between ensuring vulnerable individuals’ health and safety and preserving their autonomy.

    Attorney Maren Beermann, director of the Coalition of Wisconsin Aging Groups’ Guardianship Support Center, revised and updated the book with the assistance of the book’s original author, attorney Gretchen Viney, acting director of the U.W. Lawyering Skills Program. Among the developments discussed in this revision, the first since passage of the guardianship and protective placement reform and recodification legislation in 2006, are the following:

    • statutory changes concerning the determination of incompetency
    • the revised statutes’ new emphasis on limiting a guardian’s powers to only those essential for the protection of the ward
    • the effect of a potential ward’s health care and financial powers of attorney on choice of a guardian
    • the clarified procedure for obtaining a temporary guardianship.

    A particularly timely topic is the Wisconsin Supreme Court’s May 2012 decision in Fond du Lac County v. Helen E.F., concerning the procedures for institutional care of persons with Alzheimer’s disease.

    The book’s many checklists help attorneys ensure that they comply with all requirements of the often-dense Wisconsin laws (contained in chapters 54 and 55 of the Wisconsin statutes). The authors’ practice tips highlight unresolved issues and provide suggestions for avoiding and resolving problems that may arise during guardianship and protective placement proceedings. The authors also have included sample forms to help attorneys with procedural steps not covered by the mandatory court forms, which are cross-referenced when relevant.

    State Bar of Wisconsin members can purchase Guardianship and Protective Placement for the Elderly in Wisconsin in print for $89, plus tax and shipping. Current owners of the print book who subscribe to the Bar’s automatic supplementation service will receive future updates at a 10 percent discount off the regular update price. Annual subscriptions to Books UnBound start at $149 per title and $649 for the full library (single-user/solo-firm prices; call for firm pricing). Current full-library subscribers to Books UnBound automatically receive this update. To order, or for more information, call the State Bar at (800) 728-7788 or (608) 257-3838.