54.46 Disposition of petition.
301 words·~1 min read·
/wi/chapter-54/54-46A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
54.46 Disposition of petition. After the hearing under s. 54.44 , the court shall dispose of the case in one of the following ways:
(1)Dismissal of the petition for guardianship.
(a)If the court finds any of the following, the court shall dismiss the petition:
1. Contrary to the allegations of the petition, the proposed ward is not any of the following:
a. Incompetent.
b. A spendthrift.
c. A minor.
2. Advance planning by the ward, as specified in s. 54.10
(c)3. , renders guardianship unnecessary.
3. The elements of the petition are unproven.
(b)The court may also consider an application by the proposed ward for the appointment of a conservator under s. 54.76 .
(1m)Dismissal of the petition for receipt and acceptance of a foreign guardianship. If the court finds any of the following, the court shall dismiss the petition:
(a)The foreign guardian is not presently in good standing with the foreign court.
(b)The foreign guardian is moving or has moved the foreign ward or the property of the foreign ward from the foreign jurisdiction in order to avoid or circumvent the provisions of the foreign guardianship order.
(c)The transfer of the foreign guardianship from the foreign jurisdiction is not in the best interests of the foreign ward.
(1r)Receipt and acceptance of a foreign guardianship.
(a)The court shall grant a petition for receipt and acceptance of a foreign guardianship if the court finds all of the following:
1. That the foreign guardian is presently in good standing with the foreign court.
2. That the foreign guardian is not moving or has not moved the foreign ward or the property of the foreign ward from the foreign jurisdiction in order to avoid or circumvent the provisions of the foreign guardianship order.