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PROTECTIVE SERVICES Wisconsin law provides for guardians to be appointed for persons unable to make competent decisions for themselves. North Central Health Care (NCHC) is responsible for processing guardianships and protective placements for persons who are incompetent because of mental illness, developmental disability or "other like incapacities". Counties served are Langlade, Lincoln, and Marathon. (Developmentally disabled adults in Lincoln County are served by Lincoln Industries, rather than by NCHC.) Additionally, services are provided to individuals with infirmities of aging residing in Mount View Care Center. GUARDIANSHIP Once an individual reaches the age of 18 in Wisconsin, they are the only person able to make decisions on their own behalf. This is true, regardless of any disability that the person may have that interferes with their independent decision-making. Guardianship (WI § 880) is the procedure by which a court appoints another individual ("guardian") to have control and decision-making authority over another person, called a "ward". Guardianship is divided into two roles. The Guardian of Person is responsible for securing necessary care, services, or appropriate protective placement for a ward. Guardians of person should be advocates for the ward and are required by law to make decisions that are in the "best interest" of the ward. The Guardian of Estate has authority over the ward's property and income. Responsibilities include application for and monitoring of appropriate benefit programs. These two roles can be divided or be held by the same person. Guardians report annually to the court. The guardianship continues for the life of the ward unless someone petitions the court for a change. PROTECTIVE PLACEMENT/SERVICES The purpose of protective placement/services (WI § 55) is to protect persons who are suffering from the infirmities of aging, developmental disability, mental illness, or similar incapacity from exploitation, abuse, and degrading treatment, while providing services with the least possible restriction on personal liberty. A protective placement is the placement of the ward for the primary purpose of providing care and custody. A hearing and court order is required. A protective placement can be to one of the following: a nursing home, state facility, community based residential facility (CBRF), adult family home, family care, or even an individual's own home. A protective placement cannot be made to a psychiatric hospital. Once ordered, a protective placement is permanent. However, regular court review and monitoring occurs. The court can be petitioned to change the level of restriction or to terminate the protective placement at any time. Protective services are court ordered services that are provided to an individual to maintain and meet the person's needs in the least restrictive way. Services can include a court order for supportive home care or nursing services to an individual's home setting. Review is provided in the same way as for a protective placement. HOW IS THIS ESTABLISHED? The NCHC Protective Services Department receives referrals of individuals who are felt to be in need of guardianship and/or protective placement. Staff persons assess the client and the situation. Emergency interventions are done if warranted. Referrals for necessary and appropriate evaluations and testing are arranged. This may include psychological testing, occupational therapy testing, and competency evaluation. NCHC Protective Services staff can then coordinate the process, working with NCHC's corporate attorneys. Guardianship and protective placement is established through a court order. The court is petitioned and a hearing is held. An attorney is appointed by the court to serve as Guardian ad Litem, representing the person's best interest. The proposed ward is also entitled to have an advocate attorney if they so wish. To make an order for both a guardian and protective placement, the court must receive an evaluation of the person's incompetence by a licensed M.D. or Ph.D. Psychologist. Additionally for a protective placement, NCHC prepares a comprehensive evaluation of the person's medical, psychological, social, vocational, and educational background and condition. The Representative of NCHC must also make a recommendation for the least restrictive placement or services. The court and NCHC Protective Services staff must review the protective placement at least annually. WHO CAN SERVE AS GUARDIAN? Generally, the court looks to relatives and/or friends that are familiar with the proposed ward to serve as guardian. In certain circumstances, an individual may not have anyone close to them to serve in this role. At these times, non-relative guardians are called to serve. Non-relative guardians are individuals that have volunteered to assume this court appointed position, generally for a nominal monthly fee. Guardians may serve in an individual case or up to 5 or 10 (with a state waiver). Individuals can also form a state- approved corporation to serve for additional cases. NCHC Protective Services staff recruit and screen potential non-relative guardians. References are checked and Wisconsin criminal record checks are done. The Probate Court has monitoring responsibility for individual guardianships. Corporate guardians are also monitored by the state of Wisconsin. Guardians are individuals that can develop a one to one relationship with a disabled adult. They are to advocate for the ward, use common sense, sensitivity, and make accountable decisions. A guardianship is a responsible role, however there can be many rewards. CONTACT Protective Services North Central Health Care 1100 Lake View Drive Wausau, WI 54403 (715) 848-4600 |
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©2002 North Central Health Care -
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