Guardianship and Voting: The Basics of Wisconsin's Guardianship Law and its Impact on the Right to Vote

Guardianship is governed by Wisconsin law. When a court considers appointing a guardian of the person, one of the issues it may consider is whether the individual has the capacity to vote.

Guardianship and the Right to Vote in Wisconsin

Here are some key points about Wisconsin guardianship law and voting rights:

• A person retains their rights unless the court specifically removes a right. A person does not automatically lose the right to vote because a guardian is appointed.

• Wisconsin has two types of guardians: a guardian of the person and a guardian of the estate.

• A guardian of the person may be authorized by the court to make decisions about specific personal matters, such as health care or where the person lives.

• A guardian of the estate may be authorized by the court to make decisions about specific financial matters, such as managing money or property.

• Depending on the person's needs, a court may appoint a guardian of the person, a guardian of the estate, or both.

• The capacity to vote is considered in connection with guardianship of the person. The right to vote cannot be removed when only a guardian of the estate is appointed.

• Even when a guardian of the person is appointed, the person does not automatically lose the right to vote. Wisconsin's limited guardianship system allows the court to determine which rights the person retains and which rights, if any, are removed or transferred.

• Each guardianship case is different. Depending on the person's abilities and needs, the court may allow the person to retain certain rights, remove certain rights, transfer certain decision-making authority to the guardian, or allow decision-making to be shared with the guardian.

• The legal standard for determining whether a person can retain the right to vote is whether the person understands the objective of the elective process. In practical terms, this means understanding the purpose of an election.

• If a person's right to vote has been removed, the person can ask the court to restore that right by filing a petition and showing that they understand the purpose of an election.

More Information

• Disability Rights Wisconsin Voter Hotline: 844-DIS-VOTE (844-347-8683) or info@disabilityvote.org

• Wisconsin Disability Vote Coalition - Information and resources about voting rights for people with disabilities.

Acknowledgment

This project was supported by the Help America Vote Act (HAVA) to provide education, training, and assistance to individuals with disabilities and promote their participation in the electoral process.