Waukesha County DHHS v. M.S., 2022AP2065, District 2, 9/6/23 (one-judge decision; ineligible for publication); case activity (briefs not available) M.S. (“Martin”) spent nearly 22 years committed under Chapter 51. In 2021, the county switched course and sought and received a permanent guardianship and protective placement under Chapters 54 and 55. Martin challenged whether he was a… Read more
C. Ch. 55, Protective placement
Price County v. C.W., 2023AP18-FT, District III, 9/6/23 (one-judge decision; ineligible for publication); case activity Under the specific facts of this case, COA holds that the County was not required to call a medical expert at “Clara’s” protective placement hearing and affirms. In the fall of 2021, Clara stipulated to a guardianship under Chapter 54… Read more
Department on Aging v. R.B.L., 2022AP1431, District I, 6/27/23 (one-judge decision; ineligible for publication); case activity (briefs not available) In this protective placement appeal raising two interesting issues related to the circuit court’s competency, the court of appeals reverses with instructions to dismiss the underlying petition. R.B.L. has been the subject of a protective placement… Read more
Winnebago County v. L.J.F.G., Case No. 22Ap1589, District 2, 04/12/2023 (one-judge opinion, ineligible for publication); case activity L.J.F.G.’s (Emily’s) appeal concerned a stayed order for involuntary administration of psychotropic medication under Wis. Stat. § 55.14. While the court affirms the order and concludes that the evidence was sufficient to satisfy the statutory standard, it also… Read more
Waukesha County DHHS v. M.A.S., 2022AP877, District 2, 3/22/23 (one-judge decision; ineligible for publication); case activity R.B. (Rose), a daughter of M.A.S. (Mary), filed an appeal of an order granting the County’s petition for a protective placement of Mary. The court of appeals holds Rose doesn’t have standing to appeal the order. Section 55.20 identifies… Read more
The filing of an Emergency Protective Placement petition under §55.135(1) triggers a probable cause hearing within 72 hours. Once the court finds probable cause it may order a temporary protective placement for up to 30 days pending a hearing on a permanent protective placement. Wis. Stat. §55.135(5). Sometimes the client wants to exercise her right… Read more
J.C. v. R.S., 2022AP1215 , 2/16/23, District 4, (1-judge opinion, ineligible for publication); case activity In a rare Chapter 55 reversal, the court of appeals held that the petitioner failed to prove that the individual under review had a degenerative brain disorder that was likely to be permanent. In June 2021, R.S.’s daughter petitioned for… Read more
Racine County v. P.B., 2022 WI App 62; case activity Section 54.42(5) and 55.10(4) give a person undergoing guardianship and protective placement the “right to be present” a the final hearing. Sections 54.44(4)(a) and 55.10(2) further require the county to ensure that the person “attends” the final hearing, unless the GAL waives attendance. In a published… Read more
