Attorney Patricia M. Cavey's Legal Cases

Elder law

Jennifer M. v. Franz Maurer

Dec 22, 2009

OUTCOME: Successful Outcome in Wisconsin Court of Appeals

This case resulted in a published decision regarding the right of a guardianship ward to have her attorney present when being interviewed by a guardian ad litem. This case is significant because a gua ... rdianship ward does not have the same right to counsel as any other person who is represented by an attorney if a guardian ad litem attorney can privately depose the represented ward and use this private meeting as the basis for a report to the circuit court. In no other area of law would another attorney presume to meet with a represented person outside the presence of her attorney; yet, in guardianship litigation this was a common practice. A published decision in this case will permit full legal representation.

Elder law

Ralph J. v. Walworth County

Apr 24, 2007

OUTCOME: Successful Outcome in Wisconsin Court of Appeals

This case involved the successful challenge to the failure to comply with jurisdictional timelines. The result of the successful appeal was that the guardianship was vacated. More importantly, becaus ... e of the successful challenge, the guardianship ward was able to walk out of the nursing home where she had been ordered confined, leave the State of Wisconsin and is residing successful in the community in another state. The decision is unpublished but see the footnote regarding right to counsel.

Elder law

Knight v. Milwaukee County, In Re Guardianship of Muriel K.

Mar 19, 2002

OUTCOME: Wisconsin Supreme Court - prevailing party

This case involved representing the power of attorney agents in the circuit court, Wisconsin Court of Appeals and Wisconsin Supreme Court in a contested guardianship to enforce the wishes for Muriel K ... . The successful result allowed for Muriel K.'s release from an involuntary nursing home placement and restoration of her rights to live in the community. The case is significant for enforcing the right to have your power of attorney agent act to carry out your wishes and advance directives.

Elder law

Guardianship of Agnes T.

Jan 18, 1995

OUTCOME: Successful Outcome in Wisconsin Supreme Court

This case involved the successful challenge to the practice of indefinitely placing disabled people in nursing homes and other large facilities. In this case a woman was transferred from the Milwaukee ... County Mental Health Complex to a large nursing home and was left there indefinitely. This case bars the practice of losing people to the backwards of nursing homes and requires that they be given an annual review of their placements as required by the laws governing protective placements including the right to placement in the least restrictive environment.

Patricia M. Cavey's Legal Cases (4)

Jennifer M. v. Franz Maurer

Ralph J. v. Walworth County

Knight v. Milwaukee County, In Re Guardianship of Muriel K.

Guardianship of Agnes T.