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Guardianship

By: Derek Hawkins//April 25, 2017//

Guardianship

By: Derek Hawkins//April 25, 2017//

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WI Court of Appeals – District III

Case Name: Brown County v. A.M.Q.

Case No.: 2015AP2614

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Guardianship

A.M.Q. appeals an order appointing her daughter, Margaret, as the permanent guardian of A.M.Q.’s estate. A.M.Q. argues: (1) the circuit court failed to provide an adequate explanation for its decision to appoint a guardian of the estate; (2) the court erred by granting the guardian full authority; (3) the court improperly appointed Margaret as guardian; and (4) the court erred by voiding an amendment to a trust created by A.M.Q. and her late husband. We conclude the circuit court properly exercised its discretion by appointing a guardian of A.M.Q.’s estate and granting that guardian full authority. We therefore affirm in part. However, we conclude the court erred by appointing Margaret as guardian, and we therefore reverse the relevant portion of the court’s order and remand for the court to follow the procedure set forth in WIS. STAT. § 54.44(6) (2015-16)1 in appointing a guardian of A.M.Q.’s estate. We also reverse that portion of the order voiding the amendment to the trust.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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