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Guardianship/Protective Placement: Waiver of Conflict of Interest by Person Adjudicated Incompetent

Guerrero v. Cavey, 2000 WI App 203, 238 Wis.2d 449, 617 N.W.2d 849

Issue: Whether a person adjudicated incompetent may waive her attorney’s conflict of interest.

Holding: Because the client’s understanding of the attorney’s potentially divided loyalty is a necessary component of waiver of a conflict, and because no claim is made that the circuit court erred in finding the mother to be incompetent, she was, “as a matter of law… incapable of making a knowing and voluntary waiver of the conflict of interest[,” ¶23.

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