Guardianship – Power of Attorney

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WI Court of Appeals – District I

Case Name: E.C. et al v. Susan Krueger

Case No.: 2015AP2196

Officials: Brennan, P.J., Kessler and Brash, JJ.

Focus: Guardianship – Power of Attorney

E.C. jointly appeals with her son, G.C., (collectively, “the appellants”) the trial court’s order appointing a corporate guardian and suspending E.C.’s powers of attorney naming G.C. as her agent. At the hearing on the Petition for Permanent Guardianship Due to Incompetency, all parties stipulated to the admission of two doctors’ reports confirming that E.C. was permanently incompetent due to degenerative brain disease. And all parties except E.C. stipulated to the appointment of a third person neutral guardian of the person and estate. Based in part on the stipulation, but also on the testimony of E.C., her husband, and Susan Krueger (the petitioner, who is E.C.’s daughter), and additionally based on the two doctors’ reports, the trial court concluded that E.C. is incompetent as a result of degenerative brain disease and that the appointment of a guardian of the person and estate was in her best interest. The court determined that a neutral third party guardian was in her best interest as well. Finally, the court concluded that good cause was shown for suspension of E.C.’s powers of attorney. Accordingly, the court ordered the powers of attorney suspended and appointed Supportive Community Services, Inc. to serve as her guardian. Because we conclude that the trial court properly exercised its discretion, we affirm the order

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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.