Family — protective placement — waiver of appearance

Listen to this article

Wisconsin Court of Appeals

Civil

Family — protective placement — waiver of appearance

Aaron B. appeals from a circuit court order approving his protective placement into a community based residential facility. Aaron suffered a seizure one-half hour before his placement hearing and was thus unable to attend. Aaron’s guardian ad litem (GAL) learned of the seizure prior to the commencement of the hearing and orally waived Aaron’s appearance. The GAL followed up with a letter to the court reiterating that waiving Aaron’s appearance was in Aaron’s best interests.

Aaron argues that the circuit court lacked the authority to hold a hearing per Wis. Stat. § 55.10(2), as the GAL did not provide a written waiver to the circuit court prior to the hearing. We hold that as Aaron’s attorney did not object to waiving Aaron’s appearance, Aaron has not preserved his argument for appeal. The placement order of the circuit court is affirmed. This opinion will not be published.

2011AP2287-FT In the matter of the guardianship of Aaron B.

Dist I, Milwaukee County, Flanagan, J., Reilly, J.

Attorneys: For Appellant: Perri, Jeremy C., Milwaukee; Schieber, Hannah Blair, Milwaukee; For Respondent: Dehring, Jeaneen J., Milwaukee; Ruthmansdorfer, Elizabeth, Milwaukee