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Family – guardianship — competency

Wisconsin Court of Appeals


Family – guardianship — competency

MaryBeth Lipp and Richard L., both pro se, appeal orders placing their mother, Elizabeth L., under guardianship and protective placement. They argue the circuit court lost competency to act on the petitions, the court erred by invalidating the 2009 power of attorney documents, and Elizabeth’s adversary counsel and guardian ad litem were ineffective. Lipp also contends the court and social worker failed to act in Elizabeth’s best interests and the court deprived Lipp of her constitutional right to custody of her mother.

We conclude the circuit court lost competency to act on the guardianship petition by failing to complete the hearing within the statutorily mandated time limitation. We therefore reverse the guardianship order. Because the protective placement order is dependent on the guardianship’s incompetency adjudication, we also reverse the protective placement order. Not recommended for publication in the official reports.

2011AP152 In the matter of the guardianship and protective placement of Elizabeth L.

Dist III, Outagamie County, Metropulos, J., Peterson, J.

Attorneys: For Appellant: L, MaryBeth, pro se; For Respondent: Janssen, Aaron J., Appleton

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