Chapter 55

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).

55.01(4i) (4i) “Investigative agency” has the meaning given in s. 46.90 (1) (er).

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(4r) (4r) “Neglect” has the meaning given in s. 46.90 (1) (f).

55.01(4t) (4t) “Nursing facility” has the meaning given in s. 46.279 (1) (c).

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 protective placement facility.

55.01(6r) (6r) “Protective services” includes any of the following:

55.01(6r)(a) (a) Outreach.

55.01(6r)(b) (b) Identification of individuals in need of services.

55.01(6r)(c) (c) Counseling and referral for services.

55.01(6r)(d) (d) Coordination of services for individuals.

55.01(6r)(e) (e) Tracking and follow-up.

55.01(6r)(f) (f) Social services.

55.01(6r)(g) (g) Case management.

55.01(6r)(h) (h) Legal counseling or referral.

55.01(6r)(i) (i) Guardianship referral.

55.01(6r)(j) (j) Diagnostic evaluation.

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, financial exploitation, neglect, or self-neglect 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(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(6u) (6u) “Self-neglect” has the meaning given in s. 46.90 (1) (g).

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 or of alcohol or drug dependence.

55.01(6vm) (6vm) “State governmental agency” has the meaning given for “agency” in s. 16.417 (1) (a).

55.01(6w) (6w) “State official” has the meaning given in s. 46.90 (1) (gr).

55.01(6x) (6x) “Treatment facility” has the meaning given in s. 51.01 (19).

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 History History: 1973 c. 284; 1975 c. 393, 430; 1979 c. 221; 1985 a. 29 s. 3200 (56); 1985 a. 176; 1991 a. 316; 1993 a. 445; 2003 a. 33; 2005 a. 264, 387, 388; 2007 a. 45, 96; 2011 a. 126.

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 this chapter. Linda L. v. Collis, 2006 WI App 105, 294 Wis. 2d 637, 718 N.W.2d 205, 05-0494.

55.01 Annotation Alzheimer’s disease is one type of a degenerative brain disorder. Ch. 51 includes the definition of degenerative brain disorder only to specifically exclude it from the chapter’s authority, whereas the definition under this chapter is used to include it in the scope of authority granted under this chapter. Rehabilitation is a necessary element of treatment under ch. 51. Because there are no techniques that can be employed to bring about rehabilitation from Alzheimer’s disease, an individual with the disease cannot be rehabilitated. Accordingly, an Alzheimer’s patient is not a proper subject for ch. 51 treatment. Fond du Lac County v. Helen E.F., 2011 WI App 72, 333 Wis. 2d 740, 798 N.W.2d 707, 10-2061.

55.01 Annotation Affirmed. 2012 WI 50, 340 Wis. 2d 500, 814 N.W.2d 179, 10-2061.

55.02 55.02 Protective services and protective placement: duties.

55.02(1) (1) Department 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. The protective services and protective placement system shall be designed to encourage independent living and to avoid protective placement whenever possible.

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) (2) County department duties.

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. 54.25 (1) (a).

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.

55.02 History History: 1973 c. 284; 1975 c. 393; 1979 c. 221; 1981 c. 379; 1985 a. 29 s. 3200 (56); 1985 a. 176; 1985 a. 332 s. 251 (3); 1993 a. 445; 2001 a. 103; 2005 a. 264 ss. 80, 116; 2005 a. 387, 388; 2007 a. 45.

55.03 55.03 Status of guardian.

55.03(1) (1) Agency as both guardian and provider prohibited. No agency acting as a guardian appointed under s. 48.9795, ch. 54, 2017 stats., or ch. 880, 2003 stats., may be a provider of protective services or protective placement for its ward under this chapter.