2010AP2061 Fond du Lac County v. Helen E.F.

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Civil Commitment
Alzheimer’s disease

Alzheimer’s disease is not a qualifying mental condition for commitment pursuant to Chapter 51.

“[T]he primary purpose of Wis. Stat. ch. 51 is to provide treatment and rehabilitation services for the individuals described in ch. 51’s legislative policy.  Wis. Stat. § 51.001.  Even if we were to assume, which we do not, that Alzheimer’s disease could reasonably be classified under ch. 51’s definition of ‘mental illness,’ commitment of an individual with Alzheimer’s disease under ch. 51 is nonetheless not appropriate because Alzheimer’s disease falls outside the scope of ch. 51’s limited definition of ‘treatment.’  “Treatment” is defined by ch. 51 as ‘those psychological, educational, social, chemical, medical or somatic techniques designed to bring about rehabilitation of a mentally ill, alcoholic, drug dependent or developmentally disabled person.’ Wis. Stat. § 51.01(17).”

“Consequently, rehabilitation is a necessary element of treatment under Wis. Stat. ch. 51.  Because there are no techniques that can be employed to bring about rehabilitation from Alzheimer’s, an individual with Alzheimer’s disease cannot be rehabilitated.  Accordingly, Helen is not a proper subject for ch. 51 treatment.  See Alzheimer’s Association, 2010:  Alzheimer’s Disease Facts and Figures,http://www.alz.org/documents_custom/report_alzfactsfigures2010.pdf,
8 (last visited Apr. 8, 2011).”

Reversed and Remanded.

Recommended for publication in the official reports.

2010AP2061 Fond du Lac County v. Helen E.F.

Dist. II, Fond du Lac County, Nuss, J., Anderson, J.

Attorneys: For Plaintiff: William J. Bendt, Fond du Lac; For Defendant: Donald T. Lang, Madison

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