In Matter of Guardianship of Agnes T.

The issue in this case is whether a circuit court may appoint a guardian under ch. 880, Stats., for an incompetent resident of a nursing home licensed for 16 or more beds without holding a hearing for protective placement under ch. 55. The circuit court appointed a guardian for such a person but refused to hold a hearing for protective placement under ch. 55. The court of appeals reversed, holding that the appointment of a guardian for such a person without a concomitant order for protective placement creates an illegal placement and, thus, constitutes an erroneous exercise of discretion. We…