Duties of guardian ad litem for protective services reviews.

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55.195 Duties of guardian ad litem for protective services reviews. In any review of a protective services order made under s. 55.12, except as provided in s. 55.19 (2), the guardian ad litem shall do all of the following:

(1) Interview the ward to explain the review procedure, the right to an independent evaluation, the right to counsel, and the right to a hearing.

(2) Provide the information under sub. (1) to the ward in writing.

(3) Request that the court order an additional medical, psychological, or other evaluation of the ward, if necessary.

(4) Review the annual report and relevant reports on the ward's condition and protective services.

(5) Review the ward's condition, protective services, and rights with the guardian.

(6) If relevant, report to the court that the ward objects to the finding of continuing incompetency, the present or proposed protective services, the position of the guardian, or the recommendation of the guardian ad litem as to the best interests of the ward or if there is ambiguity about the ward's position on these matters.

(7) Provide a summary written report to the court.

(8) If relevant, report to the court that the ward requests the appointment of counsel or an adversary hearing.

(9) Attend the hearing.

History: 2005 a. 387 ss. 123, 124, 488 to 495; Stats. 2005 s. 55.195; 2007 a. 45.

The guardian ad litem is entitled to petition for review as an interested person, which includes any official or representative of a public or private agency, corporation, or association concerned with the person's welfare. A guardian ad litem appointed by the circuit court to represent the ward's best interest becomes an official of a public agency concerned with the person's welfare by virtue of that appointment. Linda L. v. Collis, 2006 WI App 105, 294 Wis. 2d 637, 718 N.W.2d 205, 05-0494.

NOTE: The above annotations relate to protective placements under ch. 55, stats., prior to the revision of that chapter by 2005 Wis. Act 264.


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