23-02 Version of 34.2 Legal Guardians and Conservators

Persons or interested parties may petition a court to appoint a guardian or conservator. There are a variety of reasons that an appointment may be sought including but not limited to:

Inability to manage finances
Inability to manage personal health
Inability to function safely without supervision
Parent or guardian of minor is now deceased

Some of these appointments might be an emergency or temporary reason or for the purposes of succession after the death of the previous guardian or conservator.

A judge grants the guardian or conservator powers based on the circumstances of the person. A legal guardian of the person and the estate, legal guardian of the estate, or legal guardian in general is considered to be the applicant or member’s legal guardian for BadgerCare Plus purposes. If a person or entity is one of these legal guardian types, or the conservator, the applicant or member does not need to separately appoint them as the authorized representative. The legal guardian or conservator appointment grants them the powers that an authorized representative would have on the BadgerCare Plus case.

A person or entity with the guardian type legal guardian of the person is not considered to be the applicant or member’s legal guardian for BadgerCare Plus purposes. The applicant or member must appoint the legal guardian of the person as an authorized representative if the applicant or member would like the legal guardian of the person to act on their behalf.

Depending on their court-appointed powers, a guardian or conservator can apply for and act in the same capacity as an authorized representative for the household. It is possible the court-appointed powers will give the guardian or conservator sole authority to manage the person’s eligibility.

The legal guardian or conservator should be familiar with the applicant or member’s household situation and is expected to fulfill their responsibilities to the same extent as the person being represented. The legal guardian or conservator can take any action on the application or case on behalf of the applicant or member, unless the guardianship or conservatorship court order limits their powers.

Applicant and member notices and other communications from the agency will be sent to the legal guardian or conservator.

See Section 9.9.5 Power of Attorney, Guardianship, or Conservator for information on verification requirements. See Section 25.5 Valid Signature for information on valid application signatures by legal guardians or conservators.

This page last updated in Release Number: 23-02
Release Date: 04/17/2023
Effective Date: 04/17/2023