MaryBeth Lipp v. Outagamie County Dept. of Health and Human Services, 2011AP152, District 3, 6/5/12 court of appeals decision (not recommended for publication); case activity Failure to decide a guardianship petition within the statutorily mandated 90 days of filing (§ 54.44(1)) caused the trial court to lose competency to proceed. Lack of objection didn’t waive… Read more
C. Ch. 55, Protective placement
Fond du Lac County v. Helen E. F., 2012 WI 50, affirming 2011 WI App 72; for Helen E.F.: Donald T. Lang, SPD, Madison Appellate; case activity Someone suffering from Alzheimer’s Disease is not a fit subject for commitment under ch. 51 but, instead, guardianship proceedings under ch. 55. ¶13 Wis. Stat. ch. 55 provides Helen with the best means… Read more
court of appeals decision (1-judge, not for publication); for Aaron B.: Jeremy C. Perri, Hannah Blair Schieber, SPD, Milwaukee Appellate; case activity Guardianship – Placement Hearing – Personal Appearance Failure to object to ward’s inability to appear at guardianship placement hearing waived argument that court should not have held hearing in ward’s absence. ¶7 Wisconsin Stat. § 55.10(2) provides that… Read more
Outagamie County Department of Health and Human Services v. Gregory M., 2011AP1978, District 3, 1/31/12 court of appeals decision (1-judge, not for publication); for Gregory M.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity Evidence held sufficient to support a “primary need for residential care and custody,” § 55.08(1)(a), notwithstanding that ” Gregory is able to perform most… Read more
Dane County v. Kelly M., 2011 WI App 69 (recommended for publication); for Kelly M.: Ruth N. Westmont, Ashley J. Richter; case activity Kelly M. appeals a commitment order premised on the “fifth standard,” inability by reason of mental illness to understand the advantages and disadvantages of medication or treatment for the mental illness. ¶3 We conclude as follows: (1)… Read more
Fond du Lac County v. Helen E. F., 2011 WI App 72(recommended for publication), affirmed 2012 WI 50; for Helen E.F.: Donald T. Lang, SPD, Madison Appellate; case activity Alzheimer’s disease is not a qualifying mental condition for purposes of ch. 51 commitment, therefore Helen E.F. is not a proper subject for treatment as a… Read more
Rock County v. Donald G., 2010AP2444, District 4, 2/17/11 court of appeals decision (1-judge, not for publication); for Donald G.: Steven D. Grunder, SPD, Madson Appellate; case activity Concededly proper placement at Mendota under concurrent chs. 51 (mental health commitment) and 55 (protective placement) needn’t account for future termination should ch. 51 commitment later be… Read more
Jefferson County v. Joseph S., 2010 WI App 160 (recommended for publication); for Joseph S.: Margaret A. Maroney, SPD, Madison Appellate Failure of trial court to warn guardianship respondent of possibility of removal from courtroom for disruptive behavior prior to ordering his removal deprived court of competency to proceed. ¶5 A determination that a person “is… Read more
