IN MATTER OF GUARDIANSHIP OF NELSON

No. 79-997.

98 Wis.2d 261 (1980)

296 N.W.2d 736

IN the MATTER OF the GUARDIANSHIP OF Elliot NELSON, Incompetent: BANK OF STURGEON BAY, Guardian, Appellant, v. DEPARTMENT OF HEALTH & SOCIAL SERVICES, Respondent.

Supreme Court of Wisconsin.

Decided September 30, 1980.


Attorney(s) appearing for the Case

For the appellant there was a brief by Eric A. Stearn and Jonjak, Kase, Stearn & Scallon of Sturgeon Bay, and oral argument by Eric A. Stearn.

For the respondent there was a brief and oral argument by Wendy A. Vercauteren, assistant collection and deportation counsel.


BEILFUSS, C. J.

On May 24, 1979, an order was entered by the Door County Circuit Court requiring the Bank of Sturgeon Bay in its capacity as guardian of the estate of Elliot Nelson, an incompetent, to pay the Department of Health & Social Services (H&SS) all funds available from the guardianship assets in excess of $1,500. This order was issued under the authority of sec. 46.10(2), Stats. From this adverse ruling, the Bank of Sturgeon Bay (guardian) appealed...

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