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