Community Grievance Decision Digest

GUARDIANSHIP

The decision summaries regarding this law may be found in the document:
Community Grievance Decision Digest: Decisions. (PDF, 512KB)

THE LAW:

"In the case of a minor, the written, informed consent [for medication or treatment] of the parent or guardian is required. Except as provided under an order issued [by a mental health review officer or a court] under s. 51.14(3)(h) or (4)(g), if the minor is 14 years of age or older, the written, informed consent of the minor and the minor's parent or guardian is required. A refusal of either a minor or 14 years of age or older or the minor's parent or guardian to provide written, informed consent for outpatient mental health treatment is reviewable under s. 51.14."

ss. 51.61(6), Wis. Stats. [Emphasis added.]

"Any informed consent which is required under [sec.51.61] sub. (1)(a) to (i) may be exercised by the patient's legal guardian if the patient has been adjudicated incompetent and the guardian is so empowered, or by the parent of the patient if the patient is a minor."

ss. 51.61(8), Wis. Stats. [Emphasis added.]

Last Updated: June 18, 2009