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Report Of Guardian Ad Litem (Guardianship Due To Incompetency) GN-3160 - Wisconsin
| Report Of Guardian Ad Litem (Guardianship Due To Incompetency) Form. This is a Wisconsin form and can be used in Guardianship Circuit Court Statewide . |
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FORM SUMMARY Name of Form Report of Guardian ad Litem (Guardianship Due to Incompetency) GN-3160 Form Number Statutory Reference Benchbook Reference Purpose of Form §§54.40, 54.42 and 55.10(4)(b), Wisconsin Statutes GA-1, GA-2 For the guardian ad litem to report to the court the results of the interviews with the individual, proposed guardians and/or guardians and provide recommendations. Guardian ad litem Original to court. Notice of Rights (Guardianship Due to Incompetency) see form GN-3150. Modification, last update 04/05. Modified to comply with 2005 Wis. Acts 264, 387 and 388. Who Completes It: Distribution of Form Accompanying Forms: New Form/Modification: Modifications: Comments: About this Form: PLEASE BE INFORMED: This form is based on unofficial text from Revisor of Statutes. This form is the product of the Wisconsin Records Management Committee, a committee of the Director of State Court's Office and a mandate of the Wisconsin Judicial Conference. If you have additional information that does not change the meaning of the form, attach it on a separate page. The form itself shall not be altered. Date: 10/05/2006 Page 1 American LegalNet, Inc. www.FormsWorkflow.com For Official Use STATE OF WISCONSIN, CIRCUIT COURT, COUNTY IN THE MATTER OF Report of Guardian ad Litem (Guardianship Due to Incompetency) Case No. Date of Birth I am the court appointed Guardian ad Litem for the above named individual and report to the court that I have completed the following duties (except as noted in the "Additional Comments" section at the end of this report) and make the following report and recommendations: GENERAL DUTIES 1. INTERVIEWED INDIVIDUAL AND ADVISED INDIVIDUAL OF RIGHTS AND PROCEDURE. at (place) On (date) I interviewed individual and explained to the individual the contents of the petition, the applicable hearing procedure, the right to counsel, and the right to request or continue a limited guardianship. , I advised individual, both orally and in writing of that person's right to be present at the hearing, to a jury trial, to an appeal, to counsel, and to an independent medical or psychological examination on the issue of competency, at county expense if the person is indigent. 2. INTERVIEWED PROPOSED GUARDIAN(S). I interviewed the proposed guardian, proposed stand-by guardian, if any, and any other person seeking appointment as guardian. 3. REVIEWED ADVANCE PLANNING. any durable financial power of any power of attorney for health care under ch.155, I have reviewed any other advance planning for financial and health care attorney under ch. 243 executed by the individual, decision making in which the individual had engaged. 4. INTERVIEWED AGENT. I have interviewed any agent appointed by the individual under any document specified above. 5. RECEIVED NOTICE OF HEARING AND COPIES OF REPORTS. I have received proper notice of the hearing and copies of the physician's and/or psychologist's reports. If protective placement is being requested, I have received a copy of the comprehensive evaluation and, if applicable, the plan for home or community-based care. 6. PROVIDED NOTIFICATIONS. I have notified the petitioner or petitioner's counsel (if any) of the information contained below. I have also notified the appointed guardian (if any) of the duty to be present at and right to participate in the hearing, to present and cross-examine witnesses, to receive a copy of any comprehensive evaluation, and to secure and present a report on an independent evaluation. REPORT AND RECOMMENDATIONS 7. OBJECTIONS. The individual: does does not does does not does does not is is not object to a finding of incompetency. object to the proposed or present placement. object to the recommendation of the guardian ad litem. ambiguous on these matters. 8. ADVERSARY COUNSEL. is not Adversary counsel is not Adversary counsel is is requested by the individual. recommended. §§54.40, 54.42 and 55.10(4)(b), Wisconsin Statutes American LegalNet, Inc. www.FormsWorkflow.com GN-3160, 10/06 Report of Guardian ad Litem (Guardianship Due to Incompetency) Page 1 of 4 This form shall not be modified. It may be supplemented with additional material. GN-3160 Report of Guardian ad Litem (Guardianship Due to Incompetency) Page 2 of 4 Case No. 9. JURY TRIAL. is not demanded. A jury trial is demanded. 10. INDIVIDUAL'S ATTENDANCE. Regarding the individual's attendance at the hearing: it is my opinion that the individual can attend the hearing in court. I waive the individual's presence after considering the ability of the individual to understand and meaningfully participate, the effect of the individual's attendance on his/her physical or psychological health in relation to the importance of the proceedings and the individual's expressed desires. Specify reasons: the individual is unable to attend the hearing in court because of residency in a nursing facility or other facility, physical inaccessibility, or a lack of transportation; and the individual, advocate counsel, other interested person, or I request that the court hold the hearing in a place where the individual can attend. Specify location requested: 11. ADDITIONAL EVALUATIONS. Additional medical, psychological or other evaluation and reason: is not is requested. Specify evaluation requested . 12. ADVANCED PLANNING. My report to the court is that the individual's advance planning for guardianship. is is not adequate to preclude the need 13. BEST INTERESTS OF INDIVIDUAL. Based on my investigation, I recommend that the court find that the individual is substantially: capable of caring for himself/herself. incapable of caring for himself/herself. capable of managing his/her property. incapable of managing his/her property. 14. RIGHTS AND POWERS. That the individual has incapacity in part or in full to exercise rights that are believed to be relevant to the individual's present or future decision making as follows: A. Rights to be removed from the individual. consent to marriage. execute a will. serve on a jury. apply for an operator's license, a hunting, fishing or other license issued under ch. 29, or a credential as defined in §440.01(2), Wisconsin Statutes: consent to sterilization. consent to organ, tissue, or bone marrow donation. register to vote or vote in an election. B. Rights the individual may exercise only with the consent of the guardian of the person. consent to marriage. apply for an operator's license, a hunting, fishing or other license issued under ch. 2
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