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Wisconsin Order of Conversion to Guardianship and Protective Placement or Services

State:
Wisconsin
Control #:
WI-SKU-2022
Format:
PDF
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Description

Order of Conversion to Guardianship and Protective Placement or Services

The Wisconsin Order of Conversion to Guardianship and Protective Placement or Services is a court order that allows the Department of Health Services (DHS) to convert the guardianship of a minor or adult with disabilities to a guardianship and protective placement or services. The order must be granted by a court and is used when guardianship is no longer needed or appropriate for an individual. This conversion process allows for the individual to receive more appropriate services and supports in the community. There are two types of this Order: conversion of guardianship to protective placement or services, and conversion of guardianship to guardianship and protective placement or services. In the first type of conversion, guardianship is terminated and the individual is placed in a residential setting or receives services in the community. In the second type of conversion, guardianship is retained, but the individual is placed in a residential setting or receives services in the community. Both types of conversion require an assessment to determine the individual’s needs and the appropriateness of the conversion.

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FAQ

A protective placement order is required for anyone under guardianship of person who lives in a licensed facility of more than 16 beds. Protective placements must be in the least restrictive setting necessary to meet the individual's needs. Protective placement orders are reviewed annually by the court.

Chapter 54 - GUARDIANSHIPS AND CONSERVATORSHIPS.

WI Statute Chapter 55 In Milwaukee county only an authorized Emergency Assistant (EA) or a Milwaukee County Adult Protective Services (APS) worker may detain the person at an appropriate facility and initiate an emergency protective placement.

The Wisconsin statute of limitations is typically three years for personal injuries. This means you have three years from the date your injuries occurred to settle your injury claim or to file a lawsuit.

55.01. Definitions. (1e) ?Adult at risk? means any adult who has a physical or mental condition that substantially impairs his or her ability to care for his or her needs and who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation.

Guardianships and Protective Placement Orders are defined in Wisconsin Statutes Chapters 54 and 55. They are legal methods for appointing an alternative decision-maker and identifying required services for individuals who are legally incompetent.

The primary purpose of Chapter 55 of the Wisconsin Statutes, the Protective Service System, is to provide for the long-term care and custody of individuals who are at risk of harm due to a condition that is, or is likely to be, permanent.

Stat. § 55.135, Form GN-4000, Statement of Emergency Protective Placement, is the document to use to take an individual into custody in an emergency situation and temporarily protectively place the individual in an appropriate facility.

More info

Guardianship and protective placement order is needed to continue to consent to placement (admission) and medical treatment. A court can issue orders for a person who has a guardian to be protectively placed.At the probable cause hearing, the matter was converted to a proceeding for guardianship under ch. A protective placement order is required for anyone under guardianship of person who lives in a licensed facility of more than 16 beds. Protective placement and protective services. 54.50. Temporary guardianships. Sample petition which makes it easier for a petitioner to seek a limited order. A court can issue order for a person who has a guardian of person to receive protective services or protective placement. Who can get help from the Child Support Services Division (CSSD)? (1) Contact the child's custodial parent, non-custodial parent, guardian, or custodian and seek an agreement for the development of the family case plan.

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Wisconsin Order of Conversion to Guardianship and Protective Placement or Services