Guardian Consent for Psychotropic Medications for Developmentally Disabled Clients
A guardian's authority to consent to the administration of psychotropic medications for the ward is found in ss. 54.25(2)(d)2, Wis. Statutes (leaving DHS, PDF, scroll to page 10). This authority applies for clients who are placed under Ch. 54 and Ch. 55 only -- not for clients placed under Ch. 51, Wis. Stats.
A guardian can, without a specific court order, give informed consent for voluntary psychotropic medications or treatments for a developmentally disabled ward, if the meds or treatments are in the best interests of the ward.
In deciding whether or not it is in the ward's best interests, the guardian must consider:
For psychotropic medications:
If the ward does protest (as defined above), the guardian may consent to involuntary administration of psychotropic medications only under a court order under ss. 55.14, Wis. Statutes.
INVOLUNTARY ADMINISTRATION (ss. 55.14, Wis. Stats., PDF, scroll to page 12)
"Involuntary administration of psychotropic medication" means any of the following:
Involuntary administration of psychotropic meds may be court-ordered as a protective service only under this section of the law.
To obtain a court order, it must be shown that a physician prescribed it, that the individual is incompetent to refuse it, and one of the following is true:
The petition must also show that the individual's condition for which the meds are prescribed is likely to be improved by the meds and the individual is likely to respond positively to the meds.
The petition must also show that, unless the meds are administered, the individual is likely to incur a substantial probability of physical harm, impairment, injury, or debilitation, or will present a substantial probability of physical harm to others, as evidenced by one of the following:
The petition must also include a written statement signed by a physician with personal knowledge of the individual that provides general clinical information about the appropriate use of psychotropic meds for the individual's condition and specific data that indicates that the individual's current condition necessitates the use of the meds.
[Note: There are more requirements for the petition to involuntarily administer meds. The summary provided here is to give the service providers a general sense of what they will need to review and document in order to prepare the basis for obtaining such a court order.]
Last Updated: February 27, 2013