Protective Placement-Guardianship

By: WISCONSIN LAW JOURNAL STAFF//July 3, 2023//

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WI Court of Appeals – District I

Case Name: Department on Aging v. R. B. L.

Case No.: 2022AP001431

Officials: Dugan, J.

Focus: Protective Placement-Guardianship

R.B.L. appeals an order of the circuit court continuing his protective placement. On appeal, he argues that the circuit court lost competency to enter the order because the petition for the annual review of his protective placement was filed after the statutory deadline and his physical presence at the annual review hearings was required and not properly waived. The appeals court agrees the circuit court lost its competency to proceed on the petition to continue R.B.L.’s protective placement by failure to ensure the attendance of the respondent at a hearing absent a valid waiver by the guardian ad litem.

Reversed and Remanded.

Decided 06/27/23

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