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Determination And Order On Petition For Guardianship Due To Incompetency GN-3170 - Wisconsin
| Determination And Order On Petition For Guardianship Due To Incompetency Form. This is a Wisconsin form and can be used in Guardianship Circuit Court Statewide . |
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For Official Use STATE OF WISCONSIN, CIRCUIT COURT, Amended COUNTY IN THE MATTER OF Determination and Order on Petition for Guardianship Due to Incompetency Date of Birth Case No. This matter is before the court on a petition for guardianship due to incompetency and a hearing was held. THE COURT CONSIDERED: 1. The report of the guardian ad litem. 2. The medical or psychological reports, provided, ordered or offered to the court. 3. Whether other reliable resources are available to provide for the individual's personal needs or property management, and whether appointment of a guardian is the least restrictive means to provide for the individual's need for a substitute decision maker. 4. The preferences, desires, and values of the individual with regard to personal needs or property management. 5. The nature and extent of the individual's care and treatment needs and property and financial affairs. 6. Whether the individual's situation places him or her at risk of abuse, exploitation, neglect, or violation of rights. 7. Whether the individual can adequately understand and appreciate the nature and consequences of his or her impairment. 8. The individual's management of the activities of daily living. 9. the individual's understanding and appreciation of the nature and consequences of any inability he or she may have with regard to personal needs or property management. 10. The extent of the demands placed on the individual by his or her personal needs and by the nature and extent of his or her property and financial affairs. 11. Any physical illness of the individual and the prognosis of the individual. 12. Any mental disability, alcoholism, or other drug dependence of the individual and the prognosis of the mental disability, alcoholism, or other drug dependence. 13. Any medication with which the individual is being treated and the medication's effect on the individual's behavior, cognition, and judgment. 14. Whether the effect on the individual's evaluative capacity is likely to be temporary or long term, and whether the effect may be ameliorated by appropriate treatment. 15. Other: . THE COURT FINDS: 1. JURISDICTION, VENUE, NOTICE AND EVALUATIONS TO COURT A. This court does does not have jurisdiction of the subject matter and of the person of the individual. B. This court is is not a proper venue. C. Notice was was not properly served. D. The individual is present. not present because the guardian ad litem waived the individual's attendance. Other: E. The proposed guardian and any proposed stand-by guardian are present as follows: not present and the court permits attendance by telephone for good cause shown as follows: not present and the court excuses the attendance as follows: F. Additional evaluations are not necessary. GN-3170, 02/11 Determination and Order on Petition for Guardianship Due to Incompetency Page 1 of 7 §54.10(3), Chapter 46 and 54, Wisconsin Statutes American LegalNet, Inc. www.FormsWorkFlow.com This form shall not be modified. It may be supplemented with additional material. Determination and Order on Petition for Guardianship Due to Incompetency Page 2 of 7 Case No. __________ 2. CAPACITY AND NEED FOR GUARDIANSHIP Upon presentation of clear and convincing evidence, the individual is not incompetent. advanced planning by the individual renders guardianship unnecessary. the elements of the petition are unproven. the application for appointment of a conservator by the proposed ward under §54.76 is appropriate. the individual has been adjudicated incompetent in another jurisdiction and a petition for receipt and acceptance of a foreign guardianship has been granted. the individual is a minor who has attained age 14 and is developmentally disabled. the individual is found to be incompetent as a result of a developmental disability degenerative brain disorder serious and persistent mental illness other like incapacities based upon the following standards: A. The individual is at least 17 years and 9 months of age. B. The individual's need for assistance in decision making or communication is unable to be met effectively and less restrictively through appropriate and reasonably available training, education, support services, health care, assistive devices, or other means that the individual will accept. C. For purposes of appointment of guardian of the person, because of impairment, the individual is unable effectively to receive and evaluate information or to make or communicate decisions to such extent that the individual is unable to meet the essential requirements for the individual's physical health and safety. D. For purposes of appointment of guardian of the estate, because of an impairment, the individual is unable effectively to receive and evaluate information or to make or communicate decisions related to management of the individual's property or financial affairs, to the extent that at least one of the following applies: 1. The individual has property that will be dissipated in whole or in part; or 2. The individual is unable to provide for the individual's support; or 3. The individual is unable to prevent financial exploitation. 3. GUARDIAN OF THE PERSON 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. A. Rights to be removed in full. If removed, these rights may not be exercised by any person. The individual has incapacity to exercise one or more of the following rights and such right should be removed. 1. Right to execute a will. 2. Right to serve on a jury. 3. Right to register to vote or to vote in an election. B. Rights to be removed or exercised by individual with consent of Guardian of Person. If removed, these rights may not be exercised by any person. If a right is to be affected, the box to the far left must be marked. Marking only box (1) or (2) has no effect and the individual retains the right. The individual has incapacity to exercise one or more of the following rights and such right should be removed or the individual retains the right to exercise the right only with consent of the guardian of the person. a. Right to consent to marriage: Choose (1) or (2): (1) the individual has incapacity to exercise this right. (2) the individual retains the right to exercise this right only with consent of the guardian of the person. b. Right to apply for an operator's license, a hunting, fishing or other license issued under ch. 29, or
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