Adult at Risk
Elder Adult at Risk
Adult protective services
Frequently Asked Questions
Adult at Risk, as defined in Wis. Stat. § 55.043(1e), 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.
Elder Adult at Risk, as defined in Wis. Stat. § 46.90(br), means any
person age 60 or older who has experienced, is currently experiencing, or
is at risk of experiencing abuse, neglect, self-neglect, or financial
Abuse, as defined in Wis. Stat. § 46.90(1)(a),
means any of the following:
1. Physical abuse: intentional or reckless infliction of physical pain or injury, illness, or any impairment
of physical condition.
2. Emotional abuse: language or behavior that
serves no legitimate purpose and is intended to be intimidating,
humiliating, threatening, frightening, or otherwise harassing, and that
does or reasonably could intimidate, humiliate, threaten, frighten, or
otherwise harass the individual to whom the conduct or language is
3. Sexual abuse: a violation of criminal assault law, s. 940.225
(1), (2), (3), or (3m).
4. Treatment without consent: the administration
of medication to an individual who has not provided informed consent, or
the performance of psychosurgery, electro-convulsive therapy, or
experimental research on an individual who has not provided informed
consent, with the knowledge that no lawful authority exists for the
administration or performance.
5. Unreasonable confinement or restraint:
the intentional and unreasonable confinement of an individual in a locked
room, involuntary separation of an individual from his or her living area,
use on an individual of physical restraining devices, or the provision of
unnecessary or excessive medication to an individual, but does not include
the use of these methods or devices in entities regulated by the
department if the methods or devices are employed in conformance with
state and federal standards governing confinement and restraint.
Caregiver, as defined in Wis. Stat. § 46.90(1)(an), means
a person who has assumed responsibility for all or a portion of an
individual's care voluntarily, by contract, or by agreement, including a
person acting or claiming to act as a legal guardian.
Financial exploitation, as defined in Wis. Stat. § 46.90 (1) (ed),
means any of the following: 1. Obtaining an individual's money or property
by deceiving or enticing the individual, or by forcing, compelling, or
coercing the individual to give, sell at less than fair market value, or
in other ways convey money or property against his or her will without his
or her informed consent. 2. Theft, as prohibited in s. 943.20. 3. The
substantial failure or neglect of a fiscal agent to fulfill his or her
responsibilities. 4. Unauthorized use of an individual's personal
identifying information or documents, as prohibited in s. 943.201. 5.
Unauthorized use of an entity's identifying information or documents, as
prohibited in s. 943.203. 6. Forgery, as prohibited in s. 943.38. 7.
Financial transaction card crimes, as prohibited in s.943.41.
Fiscal Agent, as defined in Wis. Stat. § 46.90(1)(eg),
includes any of the following:
A guardian of the estate appointed under s. 54.10
A conservator appointed under s. 54.76
An agent under a financial power of attorney under s. 243.07
A representative payee under 20 CFR 416.635
A conservatorship under the U.S. Department of Veterans Affairs.
Neglect, as defined in Wis. Stat. §
46.90(1)(f), means the failure of a caregiver, as evidenced by an act,
omission, or course of conduct, to endeavor to secure or maintain adequate
care, services, or supervision for an individual, including food,
clothing, shelter, or physical or mental health care, and creating
significant risk or danger to the individual's physical or mental health.
"Neglect" does not include a decision that is made to not seek
medical care for an individual, if that decision is consistent with the
individual's previously executed declaration or do-not-resuscitate order
under Chapter 154, a power of attorney for health care under Chapter 155, or as
otherwise authorized by law.
Self-neglect, as defined in Wis.
Stat. § 46.90(1)(g), means a significant danger to an individual's physical or
mental health because the individual is responsible for his or her own
care but fails to obtain adequate care, including food, shelter, clothing,
or medical or dental care.
Adult protective services (APS), under Wis. Stat. § 55.02, refers
to any services that, when provided to an individual with developmental
disabilities, degenerative brain disorder, serious and persistent mental
illness, or other like incapacity, keep the individual safe from abuse,
neglect, or misappropriation of property or prevent the individual from
experiencing deterioration or from inflicting harm on himself or herself
or another person.
The terms adult protective services (APS) agency and adult protective
services (APS) system are used to refer to the agency or agencies to which
the county has assigned responsibility under Wis. Stat. § 55.02 for
planning and carrying out the county's protective services responsibility.
Under Wis. Stat. § 55.02(6r), protective services include any of the
- Identification of individuals in need
- Counseling and referral for services.
- Coordination of services for individuals.
- Tracking and
- Social services.
- Case management.
- Legal counseling or
- Guardianship referral.
- Diagnostic evaluation.
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March 15, 2013