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IN RE GUARDIANSHIP OF COLLITON

No. 80.

41 Wis.2d 487 (1969)

164 N.W.2d 480

IN RE GUARDIANSHIP OF COLLITON: COLLITON (Edward J.), by Guardian ad litem, Appellant, v. COLLITON (Harriet), Respondent.

Supreme Court of Wisconsin.

Decided February 7, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Tarrant, Lund & Sherman, and oral argument by William A. Mattka, all of Whitehall.

For the respondent there was a brief by Fugina, Kostner, Ward, Kostner & Galstad of Arcadia, and oral argument by La Vern G. Kostner.

WILKIE, J.

The first issue presented on this appeal is whether in a proceeding to terminate his guardianship as an adjudged incompetent, the person asserting competence has the burden to prove that his condition has changed and that he has returned to a state of mental competence.

Sec. 319.03 of the Wisconsin statutes provides for guardianships of incompetents. Thus it provides:

"All minors, incompetents and spendthrifts are subject to guardianship...

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