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eBook details

• Title: In re Protective Placement of Margaret D.
• Author : State of Wisconsin in Court of Appeals District IV
• Release Date : January 22, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

2 Margaret first argues that the court erred by finding her incompetent, which is a necessary finding to continue both the guardianship and the protective placement. WIS. STAT. §§ 55.06(2)(b) and 880.33(4). The definition of "incompetent," for purposes of this case, is a person adjudged substantially incapable of managing her property or caring for herself by reason of infirmities of aging, developmental disabilities, or other like incapacities. WIS. STAT.§ 880.01(4). The phrase "other like incapacities" means "those conditions incurred at any age which are the result of accident, organic brain damage, mental or physical disability, [or] continued consumption or absorption of substances, producing a condition which substantially impairs an individual from providing for the individuals own care or custody." § 880.01(8). In the present case, the circuit court concluded that Margaret was incompetent due to an "other like incapacity" in the form of a combination of mental and physical disabilities.

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