What is Protective Placement in Wisconsin?

Protective Placement in Wisconsin - Carlos Gamino

By Carlos Gamino

Protective placement is a way to appoint someone to make decisions on another person’s behalf – but it doesn’t apply to just anyone. It’s designed to help adults who are legally incompetent, which means they’re unable to make sound decisions on their own. Typically, these legally incompetent adults suffer from conditions that make decision-making impossible, such as developmental disabilities, memory loss, substance abuse issues, or chronic and serious mental illness.

What is Protective Placement in Wisconsin?

Protective placement, as outlined in Wisconsin law, is designed to keep people safe. Anyone can file a petition for the appointment of a guardian, but in order to do so, the petition must be based on the fact that the person alleged to need a guardian is at risk of harm to him- or herself or to others. A protective placement order can only come from a judge, and it authorizes the ward’s placement in a facility with the primary purpose of caring for the ward.

The person subject to protective placement doesn’t always have to agree to it. In some cases, courts will order involuntary protective placement – but this is certainly something you should discuss with your attorney.

Emergency Protective Placements in Wisconsin

Emergency protective placements are available in situations where the person is an immediate risk – either to him- or herself or to others. A person who requires an emergency protective placement might be taken into custody and transported to a medical facility, nursing home, hospital or center for the developmentally disabled, or another type of facility. Only sheriffs and police officers, firefighters, guardians or authorized county representatives can make emergency protective placements.

Restrictions and Protective Placement

Wisconsin law requires protective placements to be the least restrictive setting necessary to meet the individual’s needs.   

Do You Need Legal Advice on Protective Placement in Wisconsin?

In sensitive matters such as protective placement, it’s often best to discuss your needs with an attorney – and we may be able to help you. Call us at 414-383-6700 today to get answers to your questions; if we work together, we can help you and your loved one get the best possible outcome.

Carlos Gamino