Civil Commitment — Alzheimer’s Disease

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Wisconsin Supreme Court

Civil

Civil Commitment — Alzheimer’s Disease

A person with Alzheimer’s Disease, which can be managed, but not rehabilitated, should be committed under Chapter 55, rather than Chapter 51.

“We are asked to decide whether Helen E.F. (‘Helen’) may be involuntarily committed under Wis. Stat. ch. 51. After reviewing chs. 51 and 55, we hold that Helen is more appropriately treated under the provisions provided in ch. 55 rather than those in ch. 51. Because Helen’s disability is likely to be permanent, she is a proper subject for protective placement and services under ch. 55, which allows for her care in a facility more narrowly tailored to her needs, and which provides her necessary additional process and protections. We conclude that Helen is not a proper subject for treatment because while her Alzheimer’s Disease may be managed, she is not medically capable of rehabilitation, as required by the chapter. For these reasons, we agree with the court of appeals that Helen was improperly committed under ch. 51 and we therefore affirm.”

Affirmed.

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

Gableman, J.

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