By: dmc-admin//July 8, 2002//
By: dmc-admin//July 8, 2002//
“Here, the usual scheme of invoking presumptions is altered because Wis. Stat. sec. 880.08(1) is self-executing and requires that the trial court sua sponte ensure that the proposed ward ‘be produced at the hearing’ irrespective of whether any party desires it, as long as the proposed ward is ‘able to attend’; a motion to compel the attendance of the proposed ward is not necessary.”
Although the guardian ad litem had told the court that she thought the alleged incompetent would be “upset” if she was required to attend, the GAL did not, as the statute requires, certify in writing that the incompetent’s inability to attend was “more probable” than not.
Vacated and remanded.
Recommended for publication in the official reports.
Dist I, Milwaukee County, Manian, J., Fine, J.
Attorneys:
For Appellant: Patricia M. Cavey, Milwaukee
For Respondent: Mary Ellen Poulos, Milwaukee; Pamela D. Crawford, Franklin; Robert B. Peregrine, Milwaukee, et al.