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00-0929 In the Matter of the Guardianship and Protective Placement of Muriel K.: Knight v. Milwaukee County and Muriel K.

By: dmc-admin//June 4, 2001//

00-0929 In the Matter of the Guardianship and Protective Placement of Muriel K.: Knight v. Milwaukee County and Muriel K.

By: dmc-admin//June 4, 2001//

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This is so because the recipient of a durable power of attorney has no personal legal rights in the grant – the power to create, and once created to undo, rests in the principal while that principal is competent, and if the principal is no longer competent, the guardian of the principal’s estate may revoke the power of attorney.

Nor are plaintiffs “interested persons” under sec. 55.06(18) who are seeking protective placement for Muriel.

“Thus, if an ‘interested person’ files a petition seeking an order for protective placement, that petitioner may appeal from the circuit court’s final order or judgment in connection with that petition. Neither of the Knights is such a petitioner. Permitting someone to gain the right to appeal by the mere filing of a petition objecting to a guardianship would nullify the limitations on who may appeal found in Wis. Stat. sec. 879.27(1) & (4), and would have the limited exception found in sec. 55.06(18) swallow the rule.”

Appeal dismissed.

Recommended for publication in the official reports.

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