Guardianship and Protective Placement

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WI Court of Appeals – District IV

Case Name: Dodge County Health and Human Services v. L.W.,

Case No.: 2020AP1754

Officials: Blanchard, P.J., Fitzpatrick, and Graham, JJ.

Focus: Guardianship and Protective Placement

L.W. appeals orders for guardianship and protective placement. L.W. argues that the order for protective placement should be reversed. She argues that the circuit court failed to make the required finding that she is “totally incapable” of providing for her own care or custody, creating a substantial risk of serious harm to herself or others. See WIS. STAT. § 55.08(1)(c). While it is true that the court’s oral ruling did not directly address this point, other than saying that “there is a need for” protective placement, the written check box form order includes this finding.

L.W. argues that the finding was clearly erroneous because she is not “totally incapable” of providing for her own care, and that the evidence instead shows that she is capable of accessing medical or other services when necessary. We reject this argument because the record amply demonstrates that her attempts to access services have occurred mainly after she has already placed herself at substantial risk of serious harm through her conduct.

L.W. also argues that the court’s decision disregards the distinction between refusing care and being incapable of providing for one’s care. However, when as here the circuit court has a reasonable basis to find that the person’s refusal was the product of mental illness, there is no meaningful distinction. We affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.