55.15 Transfer of an individual under a protective placement order.
55.16 Modification of an order for protective placement or protective services.
55.17 Termination of an order for protective placement or protective services.
55.175 [Discharge from protective placement.]
55.18 Annual review of protective placement.
55.19 Annual review of order authorizing involuntary administration of psychotropic medication.
55.195 Duties of guardian ad litem for protective services reviews.
55.21 Centers for the developmentally disabled.
Ch. 55 Note
NOTE: 2005 Wis. Act 264 made major revisions to this chapter and contains extensive explanatory notes.
Ch. 55 Cross-reference
Cross-reference: See s.
46.011 for definitions applicable to chs.
46,
48,
50,
51,
54,
55 and
58.
55.001
55.001
Declaration of policy. The legislature recognizes that many citizens of the state, because of serious and persistent mental illness, degenerative brain disorder[s], developmental disabilities, or other like incapacities, are in need of protective services or protective placement. Except as provided in
s. 49.45 (30m) (a), the protective services or protective placement should, to the maximum degree of feasibility under programs, services and resources that the county board of supervisors is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, allow the individual the same rights as other citizens, and at the same time protect the individual from financial exploitation, abuse, neglect, and self-neglect. This chapter is designed to establish those protective services and protective placements, to assure their availability to all individuals when in need of them, and to place the least possible restriction on personal liberty and exercise of constitutional rights consistent with due process and protection from abuse, financial exploitation, neglect, and self-neglect.
55.001 Note
NOTE: This section is shown as affected by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c). The "s" is shown in brackets because "disorder" was inserted in the singular form by
2005 Wis. Act 264 and in the plural form by
2005 Wis. Act 388. Corrective legislation is pending.
55.001 Annotation
Neither a district attorney nor a corporation counsel has a duty to petition for protective placement, determination of incompetency, or otherwise intervene when an apparently competent elderly person with a life threatening illness chooses to remain at home under a doctor's and family care rather than seeking a higher level of care that might extend her life.
74 Atty. Gen. 188.
55.001 Annotation
Landmark Reforms Signed Into Law: Guardianship and Adult Protective Services. Abramson & Raymond. Wis. Law. Aug. 2006.
55.01
55.01
Definitions. In this chapter:
55.01(1d)
(1d) "Activated power of attorney for health care" means a power of attorney for health care that has taken effect in the manner specified in
s. 155.05 (2).
55.01(1e)
(1e) "Adult at risk" means any adult who has a physical or mental condition that substantially impairs his or her ability to care for his or her needs and who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation.
55.01(1f)
(1f) "Adult-at-risk agency" means the agency designated by the county board of supervisors under
s. 55.043 (1) [
s. 55.043 (1d)] to receive, respond to, and investigate reports of abuse, neglect, self-neglect, and financial exploitation under
s. 55.043.
55.01 Note
NOTE: The bracketed language indicates the correct cross-reference.
55.01(1g)
(1g) "Agency" means a county department or any public or private board, corporation or association which is concerned with the specific needs and problems of developmentally disabled, mentally ill, alcoholic, drug dependent or aging persons.
55.01(1v)
(1v) "Degenerative brain disorder" means the loss or dysfunction of an individual's brain cells to the extent that he or she [an individual] is substantially impaired in his or her ability to provide adequately for his or her own care or custody.
55.01 Note
NOTE: Sub. (1v) is affected by
2005 Wis. Acts 264,
387, and
388. The treatments by Acts 264 and 388 are not mutually inconsistent with each other but are mutually inconsistent with the treatment by Act 387. Sub. (1v) is shown as affected by the last enacted act, Act 388, and as affected by Acts 264 and 388 as merged by the revisor under s. 13.93 (2) (c). The bracketed language was added by Act 264 but rendered surplusage by Act 388. As affected by
2005 Wis. Act 387 it reads:
Effective date text
(1v) "Degenerative brain disorder" means the loss or dysfunction of brain cells to the extent that the individual is substantially impaired in his or her ability to provide adequately for his or her own care or custody or to manage adequately his or her property or financial affairs.
55.01(2)
(2) "Developmentally disabled person" means any individual having a disability attributable to mental retardation, cerebral palsy, epilepsy, autism or another neurological condition closely related to mental retardation or requiring treatment similar to that required for mentally retarded individuals, which has continued or can be expected to continue indefinitely, substantially impairs the individual from adequately providing for his or her own care or custody, and constitutes a substantial handicap to the afflicted individual. The term does not include a person with degenerative brain disorder.
Effective date text
(2) "Developmentally disabled " means having a disability attributable to mental retardation, cerebral palsy, epilepsy, autism or another neurological condition closely related to mental retardation or requiring treatment similar to that required for mentally retarded individuals, which has continued or can be expected to continue indefinitely, substantially impairs an individual from adequately providing for his or her own care or custody, and constitutes a substantial handicap to the afflicted individual. The term does not include dementia that is primarily caused by the process of aging or degenerative brain disorder.
55.01(2r)
(2r) "False representation" includes a promise that is made with the intent not to fulfill the promise.
55.01(4)
(4) "Interested person" means any of the following:
55.01(4)(a)
(a) An adult relative or friend of an individual sought to be protected under this chapter.
55.01(4)(b)
(b) Any official or representative of a public or private agency, corporation or association concerned with the individual's welfare.
55.01 Note
NOTE: Sub. (4i) was created as sub. (4g) by
2005 Wis. Act 388 and renumbered by the revisor under s. 13.93 (1) (b).
55.01(4m)
(4m) "Mental illness" means mental disease to the extent that an afflicted person requires care, treatment or custody for his or her own welfare or the welfare of others or of the community.
55.01(5)
(5) "Other like incapacities" means those conditions incurred at any age which are the result of accident, organic brain damage, mental or physical disability or continued consumption or absorption of substances, producing a condition which substantially impairs an individual from adequately providing for his or her care or custody.
55.01(6)
(6) "Protective placement" means a placement that is made to provide for the care and custody of an individual.
55.01(6m)
(6m) "Protective placement facility" means a facility to which a court may under
s. 55.12 order an individual to be provided protective placement for the primary purpose of residential care and custody.
55.01(6p)
(6p) "Protective placement unit" means a ward, wing, or other designated part of a placement facility.
55.01(6r)
(6r) "Protective services" includes any of the following:
55.01(6r)(b)
(b) Identification of individuals in need of services.
55.01(6r)(k)
(k) Any services that, when provided to an individual with developmental disabilities, degenerative brain disorder, serious and persistent mental illness, or other like incapacity, keep the individual safe from abuse, neglect, or misappropriation of property or prevent the individual from experiencing deterioration or from inflicting harm on himself or herself or another person.
55.01(6s)
(6s) "Psychotropic medication" means a prescription drug, as defined in
s. 450.01 (20), that is used to treat or manage a psychiatric symptom or challenging behavior.
55.01 Note
NOTE: Sub. (6s) was created as sub. (6t) by
2005 Wis. Act 387 and renumbered by the revisor under s. 13.93 (1) (b).
55.01(6t)
(6t) "Residence" means the voluntary concurrence of an individual's physical presence with his or her intent to remain in a place of fixed habitation. Physical presence is prima facie evidence of intent to remain.
55.01 Note
NOTE: Sub. (6u) was created as sub. (6) by
2005 Wis. Act 388 and renumbered by the revisor under s. 13.93 (1) (b).
55.01(6v)
(6v) "Serious and persistent mental illness" means a mental illness that is severe in degree and persistent in duration, that causes a substantially diminished level of functioning in the primary aspects of daily living and an inability to cope with the ordinary demands of life, that may lead to an inability to maintain stable adjustment and independent functioning without long-term treatment and support, and that may be of lifelong duration. "Serious and persistent mental illness" includes schizophrenia as well as a wide spectrum of psychotic and other severely disabling psychiatric diagnostic categories, but does not include degenerative brain disorder or a primary diagnosis of a developmental disability, as defined in
s. 51.01 (5) (a), or of alcohol or drug dependence.
Effective date text
(6v) "Serious and persistent mental illness" has the meaning given in s. 51.01 (14t).
55.01 Note
NOTE: Sub. (6vm) was created as sub. (6d) by
2005 Wis. Act 388 and renumbered by the revisor under s. 13.93 (1) (b).
55.01 Note
NOTE: Sub. (6w) was created as sub. (6g) by
2005 Wis. Act 388 and renumbered by the revisor under s. 13.93 (1) (b).
55.01(6y)
(6y) "Voluntary" means according to an individual's free choice, if competent, or by choice of a guardian, if adjudicated incompetent.
55.01 Cross-reference
Cross-reference: See also s.
46.011 for definitions applicable to chs.
46,
48 to
51,
54,
55 and
58.
55.01 Annotation
The guardian ad litem is an interested person A guardian ad litem appointed by the circuit court to represent the ward's best interest becomes an official of a public agency concerned with the person's welfare by virtue of that appointment and falls within the definition of "interested person" in the protective placement system of ch. 55. Linda L. v. Collis, 2006 WI App 105, ___ Wis. 2d ___,
718 N.W.2d 205,
05-0494.
55.02
55.02
Protective services and protective placement: duties. 55.02(1)(a)(a) The department shall do all of the following:
55.02(1)(a)1.
1. Cooperate with county departments to develop and operate a coordinated, statewide system for protective services and protective placement.
55.02(1)(a)2.
2. Monitor and supervise the implementation and operation of the protective services and protective placement system.
55.02(1)(a)3.
3. Provide technical assistance to county departments providing protective services and protective placement.
55.02(1)(a)4.
4. Evaluate the protective services and protective placement system.
55.02(1)(b)
(b) The department may provide protective services and protective placement directly or contract for the provision of protective services or protective placement.
