Chapter 55

CHAPTER 55

PROTECTIVE SERVICE SYSTEM

55.001   Declaration of policy.

55.01   Definitions.

55.02   Protective services and protective placement: duties.

55.03   Status of guardian.

55.043   Adult-at-risk agency.

55.045   Funding.

55.05   Voluntary protective services.

55.055   Admissions initially made without court involvement.

55.06   Protective services and protective placement; eligibility.

55.075   Protective services or protective placement; petition.

55.08   Protective services or protective placement: standards.

55.09   Notice of petition and hearing for protective services or placement.

55.10   Hearing on petition for protective services or protective placement.

55.105   Appointment of counsel.

55.107   Reimbursement of counsel provided by the state.

55.11   Comprehensive evaluation; recommendations; statements.

55.12   Order for protective services or protective placement.

55.13   Emergency protective services.

55.135   Emergency and temporary protective placement.

55.14   Involuntary administration of psychotropic medication.

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.

55.20   Appeals.

55.21   Centers for the developmentally disabled.

55.22   Records.

55.23   Patients’ rights.

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, 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, 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 or the Milwaukee County mental health board, as applicable, 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 History History: 1973 c. 284; 1979 c. 221; 1995 a. 92; 2003 a. 33; 2005 a. 264, 388; 2009 a. 180; 2013 a. 203.

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 the person’s 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(1) (1) “Abuse” has the meaning given in s. 46.90 (1) (a).

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 (1d) to receive, respond to, and investigate reports of abuse, neglect, self-neglect, and financial exploitation under s. 55.043.

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(1m) (1m) “Bodily harm” has the meaning given in s. 46.90 (1) (aj).

55.01(1p) (1p) “Caregiver” has the meaning given in s. 46.90 (1) (an).

55.01(1r) (1r) “County department”, except as otherwise provided, means a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 designated under s. 55.02.

55.01(1v) (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) “Developmental disability” means a disability attributable to intellectual disability, cerebral palsy, epilepsy, autism or another neurological condition closely related to an intellectual disability or requiring treatment similar to that required for individuals with an intellectual disability, 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 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(2s) (2s) “Financial exploitation” has the meaning given in s. 46.90 (1) (ed).

55.01(2t) (2t) “Great bodily harm” has the meaning given in s. 939.22 (14).

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(4)(c) (c) A health care agent, as defined in s. 155.01 (4).

55.01(4g) (4g) “Intermediate facility” has the meaning given in s. 46.279 (1) (b).