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State of Wisconsin |
Release 25-02 |
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:
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 guardian of the person and the estate or a guardian of the estate is considered to be the applicant or member’s guardian for BadgerCare Plus purposes. A guardian of the person is the applicant’s or member’s guardian for BadgerCare Plus purposes if the court document appointing the legal guardian of the person grants them the authority to enroll the person in BadgerCare Plus, Medicaid, or public assistance programs.
If a person or entity is one of these 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.
If the court document appointing the guardian of the person does not grant the authority to enroll the applicant or member in BadgerCare Plus, Medicaid, or public assistance programs, the applicant or member must appoint the guardian of the person as an authorized representative if the applicant or member would like the 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 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 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 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 guardians or conservators.
This page last updated in Release Number: 23-04
Release Date: 12/18/2023
Effective Date: 12/18/2023
The information concerning the BadgerCare Plus program provided in this handbook release is published in accordance with: Titles XI, XIX and XXI of the Social Security Act; Parts 430 through 481 of Title 42 of the Code of Federal Regulations; Chapter 49 of the Wisconsin Statutes; and Chapters HA 3, DHS 2 and 101 through 109 of the Wisconsin Administrative Code.
Notice: The content within this manual is the sole responsibility of the State of Wisconsin's Department of Health Services (DHS). This site will link to sites outside of DHS where appropriate. DHS is in no way responsible for the content of sites outside of DHS.
Publication Number: P-10171