Flessas v. Marine National Exchange Bank of Milwaukee

The petitioner rests his case on three propositions : (1) Legal services rendered to an incompetent in proceedings for judicial determination of mental capacity are “necessaries” within the meaning of sec. 319.215, Stats.; (2) that the county court in the first hearing for attorney’s fees recognized the incompetent’s right to counsel for such purpose without prior leave of the court; and (3) the prior consent of the guardian or the county court is not a condition precedent to the liability of the guardianship estate for the reasonable value of such legal services rendered to the incompetent…