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Home / Case Digests / Guardianship-Competency

Guardianship-Competency

WI Court of Appeals – District III

Case Name: F. A. W. v. M. B.

Case No.: 2021AP001912

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Guardianship-Competency

Petitioner appeals the circuit court’s finding that she is incompetent and the resulting order establishing the guardianship of her and of her estate, as well as an order for her protective placement after petitioner fell and her husband suffered a stroke. Petitioner argues that the circuit court’s finding of incompetency should be reversed because the court failed to make the requisite findings of fact under WIS. STAT. § 54.10(3)(a) and because there was insufficient evidence to support findings under § 54.10(3)(a)2. and 3. Petitioner also contends that the court failed to order the least restrictive protective placement.

The evidence permitted a finding that, due to her impairment, Petitioner would be unable to meet the essential requirements for her physical health and safety because she could not effectively receive and evaluate information or effectively make decisions and could not, because of her impairment, effectively receive and evaluate information or effectively make decisions related to the management of her property or financial affairs.

Affirmed.

Decided 11/15/22

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