Adult Guardianship & Protective Placement
Defined under Chapters 54 and 55 of Wisconsin Statutes, Guardianships and Protective Orders are legal methods for appointing an alternative decision-maker and specifying required services for individuals who are legally incompetent. Care must be taken to protect each individual’s rights, while assuring that legally incompetent individuals receive the support and services they need. Other least restrictive options include but are not limited to: a conservatorship, a payee, spend thrift, a substitute decision maker, and/or advanced planning including Power of Attorney for Health Care and/or Finances are potential options to pursue prior to seeking Guardianship.
Guardianships:
Under Wisconsin Statutes Chapter 54.
A Guardian is a court-appointed decision-maker for an individual who is not able to make their own decisions due to cognitive impairments related to a Degenerative Brain Disorder, Developmental Disability, serious and persistent mental illness, or other like incapacities. An individual’s incapacity must be permanent, or likely to be permanent, and is unlikely to resolve with treatment.
Wisconsin is not a “next of kin” or “family consent” state, which means that in most circumstances, if an individual is unable to make their own decisions, spouses and relatives don’t automatically have the right to make decisions for them.
The court may appoint a Guardian of Person to make decisions related to health care, a Guardian of Estate to make decisions related to finances, or both. In order for the court to order Guardianship, a medical doctor or licensed psychologist must complete an examination of the individual and submit a report to the court stating the individual no longer has the capacity to make their own decisions. If an individual has advanced planning established such as a Power of Attorney for Health Care or Finances, this should be explored prior to pursuing guardianship.
Guardianship Training:
As of January 1, 2023, all proposed guardians excluding Corporate Guardians must complete a mandatory training before they can be appointed. The training is free and accessed online through UW-Green Bay’s website. To access the paper version of the Guardianship Training, contact UW-Green Bay. For technical support, including issues with the Certificate of Completion, please contact the UW-Green Bay team directly at (920) 465-2691.
If you are interested in becoming a Volunteer Guardian in Brown County, please click here for more information.
Protective Placement/Protective Services:
Under Wisconsin Statutes Chapter 55.
Court can grant a person who is under Guardianship of Person to receive Protective Placement or Protective Services. The statutory standard is that, without Protective Services or Protective Placement, the individual is so totally incapable of providing for their own care and custody that it creates a substantial risk of serious harm to themselves and/or others.
A Protective Services Order covers a wide range of services. Services that may be ordered include but are not limited to: case management, in-home care, nursing services, and adult day services. Protective Services are intended to assess the degree to which an individual is at risk and to offer services that help the individual stay safe and healthy in their home.
Protective Placement Orders are granted by court and are required for anyone that is under Guardianship of Person and lives in a licensed facility of more than 16 beds. There may be other circumstances where Protective Placements may be ordered. Protective Placements must have the ability to meet the individual’s needs in a setting that is least restrictive. Protective Placement Orders are reviewed annually by Adult Protection and court.
The Role of Adult Protective Services in the Court Process:
The responsibilities of Brown County Adult Protective Services include but are not limited to:
- Providing the general public and others with information regarding Guardianships and Protective Orders;
- Consulting with hospitals, agencies and other entities regarding whether a Guardianship or Protective Order may be appropriate in a given situation;
- Consulting with guardians and professionals regarding their responsibilities and authority in situations involving Guardianship and Protective Orders;
- Conducting annual reviews of all individuals under a Protective Placement Order.