2017 Wisconsin Statutes & Annotations
Chapter 55. Protective service system.
55.01 Definitions. In this chapter:
(1) “Abuse" has the meaning given in s. 46.90 (1) (a).
(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).
(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.
(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.
(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.
(1m) “Bodily harm" has the meaning given in s. 46.90 (1) (aj).
(1p) “Caregiver" has the meaning given in s. 46.90 (1) (an).
(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.
(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.
(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.
(2r) “False representation" includes a promise that is made with the intent not to fulfill the promise.
(2s) “Financial exploitation" has the meaning given in s. 46.90 (1) (ed).
(2t) “Great bodily harm" has the meaning given in s. 939.22 (14).
(4) “Interested person" means any of the following:
(a) An adult relative or friend of an individual sought to be protected under this chapter.
(b) Any official or representative of a public or private agency, corporation or association concerned with the individual's welfare.
(c) A health care agent, as defined in s. 155.01 (4).
(4g) “Intermediate facility" has the meaning given in s. 46.279 (1) (b).
(4i) “Investigative agency" has the meaning given in s. 46.90 (1) (er).
(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.
(4r) “Neglect" has the meaning given in s. 46.90 (1) (f).
(4t) “Nursing facility" has the meaning given in s. 46.279 (1) (c).
(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.
(6) “Protective placement" means a placement that is made to provide for the care and custody of an individual.
(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.
(6p) “Protective placement unit" means a ward, wing, or other designated part of a protective placement facility.
(6r) “Protective services" includes any of the following:
(b) Identification of individuals in need of services.
(c) Counseling and referral for services.
(d) Coordination of services for individuals.
(e) Tracking and follow-up.
(f) Social services.
(g) Case management.
(h) Legal counseling or referral.
(i) Guardianship referral.
(j) Diagnostic evaluation.
(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.
(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.
(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.
(6u) “Self-neglect" has the meaning given in s. 46.90 (1) (g).
(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.
(6vm) “State governmental agency" has the meaning given for “agency" in s. 16.417 (1) (a).
(6w) “State official" has the meaning given in s. 46.90 (1) (gr).
(6x) “Treatment facility" has the meaning given in s. 51.01 (19).
(6y) “Voluntary" means according to an individual's free choice, if competent, or by choice of a guardian, if adjudicated incompetent.
Cross-reference: See also s. 46.011 for definitions applicable to chs. 46, 48 to 51, 54, 55 and 58.
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, 294 Wis. 2d 637, 718 N.W.2d 205, 05-0494.
Alzheimer's disease is one type of a degenerative brain disorder. Chapter 51 includes the definition of degenerative brain disorder only to specifically exclude it from the chapter's authority, whereas the ch. 55 definition is used to include it in the scope of authority granted under ch. 55. 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.
Affirmed. 2012 WI 50, 340 Wis. 2d 500, 814 N.W.2d 179, 10-2061.