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.
55.02(2)(a)(a) The chairperson of each county board of supervisors shall designate a county department under
s. 46.215,
46.22,
46.23,
51.42, or
51.437 that is providing services in the county on its own or through a joint mechanism with another county department or county to have the responsibility for planning for the provision of protective services and protective placement and for directly providing protective services, protective placement, or both, or entering into a contract under
s. 46.036 with a responsible agency for the provision of protective services, protective placement, or both.
55.02(2)(b)
(b) In addition to the responsibilities specified in
par. (a), the county department shall:
55.02(2)(b)1.
1. Monitor and evaluate protective services and protective placements.
55.02(2)(b)2.
2. Prepare and submit reports required by the department, or by a court if protective services or protective placement are ordered by a court.
55.02(2)(b)3.
3. Develop requirements for submittal by guardians of the person of reports to the county department under
s. 880.38 (3) [
s. 54.25 (1) (a)].
55.02 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
55.02(2)(b)4.
4. Designate at least one appropriate medical facility or protective placement facility as an intake facility for the purpose of emergency protective placements under
s. 55.135.
55.02(3)
(3) Corporation counsel. The corporation counsel of the county in which the petition is brought may or, if requested by the court, shall assist in conducting proceedings under this chapter.
55.03
55.03
Status of guardian. 55.03(1)(1)
Agency as guardian. No guardian appointed under
ch. 54 or ch.
880, 2003 stats., may be a provider of protective services or protective placement for its ward under this chapter.
55.03 Note
NOTE: Sub. (1) is shown as affected by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c).
55.03(2)
(2) Transfer of guardianship and legal custody. Nothing in this chapter may be construed to prohibit the transfer of guardianship and legal custody under
s. 48.427 or
s. 48.43.
55.03(3)
(3) Guardian authority and responsibility applicable to parent of minor. Where any responsibility or authority is created under this chapter upon or in relation to a guardian, the responsibility or authority is deemed to apply to a parent or person in the place of a parent in the case of a minor who is or who is alleged to be developmentally disabled.
55.03(4)
(4) Guardian authority for making protective placement. No guardian or temporary guardian may make a permanent protective placement of his or her ward unless ordered by a court under
s. 55.12, but a guardian or temporary guardian may admit a ward to certain residential facilities under
s. 55.055 or make an emergency protective placement under
s. 55.135.
55.03 History
History: 1973 c. 284;
1979 c. 330;
2005 a. 264 ss.
81,
83,
117;
2005 a. 387; s. 13.93 (2) (c).
55.043
55.043
Adult-at-risk agency. 55.043(1d)
(1d)
Adult-at-risk agency designation. Each county board shall designate an agency as the adult-at-risk agency for the purposes of this section.
