Time-barred – Guardianship

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WI Court of Appeals – District I

Case Name: Richard Dallen v. Kathleen Dallen

Case No.: 2019AP1458

Officials: Brash, P.J., Donald and White, JJ.

Focus: Time-barred – Guardianship

Kathleen Dallen appeals from an order of the trial court regarding guardianship proceedings for her mother, M.D. The order appointed Kathleen as guardian of the person for M.D., and Richard Dallen, her brother, as guardian of M.D.’s estate.

Kathleen argues that the order on guardianship should be vacated because the trial court lost competency when it failed to complete a hearing on the petition for guardianship within the time frame required by statute. She also argues that the trial court erred in failing to make findings regarding the evidence in the record, and in its grant of certain powers to the guardian of the estate.

We agree that the trial court lost competency to hear the petition by failing to complete a hearing on the petition within the statutory time frame. We therefore reverse and remand this matter with directions to dismiss the order for guardianship.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.