Civil Commitment — involuntary medication

By: WISCONSIN LAW JOURNAL STAFF//June 25, 2014//

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Wisconsin Court of Appeals

Civil

Civil Commitment — involuntary medication

Kathleen H. appeals from an order for involuntary medication and treatment. Kathleen maintains that the County did not show that she is incompetent to refuse medication or treatment because it did not show that the advantages, disadvantages, and alternatives to her medication were explained to her, as required by Wis. Stat. § 51.61(1)(g)4. In light of Outagamie Cnty. v. Melanie L., 2013 WI 67, 349 Wis. 2d 148, 833 N.W.2d 607, we must conclude that the County did not show by clear and convincing evidence that Kathleen was incompetent to refuse medication or treatment, and we therefore reverse and remand for further proceedings not inconsistent with this opinion. This opinion will not be published.

2014AP90 In the matter of the mental commitment of Kathleen H.

Dist II, Waukesha County, Domina, J., Neubauer, P.J.

Attorneys: For Appellant: York, Katie R., Madison; For Respondent: Mueller, Robert J., Waukesha

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