Guardianships & Conservatorships

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Marathon County DHS v. S.K., 2021AP1124 & 2021AP1125, District 3, 11/18/21 (one-judge decision; ineligible for publication); case activity

The circuit court granted partial summary judgment on the petitions to terminate the parental rights of S.K. (“Sarah”) for failure to assume parental responsibility of her two daughters. The court of appeals reverses, holding there are genuine issues of material fact that require a trial on the grounds for the petitions.

Sarah’s daughters were removed from her home due to…
Continue Reading Summary Judgment on TPR Grounds Reversed

Asian Mother with daughter of mixed Chinese and African American ethnicity at home indoors posing playfully for portraits smiling and being silly

As it stands, Wisconsin has no training requirements for those who volunteer and are appointed as a guardian, but a bill currently before the Wisconsin Legislature may change that.

Senate Bill 92 proposes a list of requirements and training that a potential guardian must go through before taking guardianship.

Over time, it has become clear that some guardians can lack the adequate knowledge and or resources necessary for effectively carrying out their role. It is of vital importance to…
Continue Reading The Proposed Guardian Training Requirement: Consequences for Petitioners

La Crosse County DHS v. B.B. and E.B., 2020AP2030 & 2020AP2031, District 4, 9/30/21 (one-judge decision; ineligible for publication); case activity

B.B. and E.B. challenge the order terminating their parental rights, arguing that the guardian ad litem improperly invoked the children’s best interest standard during the grounds trial and that conducting the dispositional hearing via Zoom violated their due process rights. The court of appeals rejects both arguments.

GAL’s conduct during grounds trial

It’s well settled that the…
Continue Reading GAL didn’t improperly argue best-interests standard at TPR trial; Zoom disposition hearing didn’t violate parent’s right to be present

Issues related to adult guardianship have been in the news recently due to a prominent legal case involving Britney Spears. The pop star has spoken out against the conservatorship that has given her father and others control over her life and finances. Because of this, people in Wisconsin may be curious about their own rights in guardianship cases. Those who are looking to establish guardianship or conservatorship for an adult and people who may need assistance with their personal…
Continue Reading How Would Britney Spears’ Conservatorship Be Handled in Wisconsin?