The court can issue orders for a person (ward) who has a guardian to be protectively placed.
Before the court can order protective placement, it must find that the following facts exist:
-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 or others.
-The person is legally incompetent and either has or is in need of a guardian
-the ward requires residential care and custody
-The incapacity is the result of a developmental disability, degenerative brain disorder (ex: dementia), serious and persistent mental illness, or other like capacities (ex: traumatic brain injury).
-The incapacity is permanent or likely to be permanent
-The ward is age 18 or older
Protective Services are often offered on a voluntary basis but may be ordered for a person under guardianship, who lives in their own home, apartment, or residential facility. A wide range of services may be available including, but not limited to, case management,, in-home care, nursing services, and adult day care.
Protective placement is required for anyone under guardianship who lives in a licensed facility of more than 16 beds. Protective placements must be the least restrictive setting necessary to meet the individual’s needs, and are reviewed annually by the court. To help the court review the placement orders, annual reviews are completed by Jackson County Adult Protective Service Social Workers for any person who has a guardian and a court-appointed placement. This is referred to as a WATTS Review.
Wisconsin Legislature Statute Chapter 55 defines protective placement and steps to take to protect an adult at risk.