sister: involuntary commitment

[jonivg]

What is the name of your state (only U.S. law)? sister lives in wisconsin

my sister has had problems with mental illness since her 20's. she is now over 70. she decided to try alternative treatment in which less medication was taken gradually over the past year. she has been able to live on her own in a senior citizen building. Recently, I believe she stopped taking her medications because of her concerns about the damage medication does to her system.

she decided to take a bus to chicago, yesterday. got a call from police indicating she needed us to buy her a return ticket to her home city. that was done, but the bus had a stop over in milwaukee. she decided to get off the bus. at 2:30 am this morning, police were called to local hospital. she had lost her purse, no id but she was safe. she is now being held at a mental health facility until a hearing can be arranged, possibly this monday.

we have been told by my sister's home city crisis workers that she could not be committed unless she has tried to hurt herself or someone else. after speaking with milwaukee police, they indicated that they would have a court hearing regarding commitment in that county, but she will be transferred to her home county so possible another hearing would be held.

do you think a family member should be at the hearing on Monday? I believe three signatures are needed - i understand an attorney would be assigned to her. do we need to start a petition? whatever input you can give would be appreciated. PS: my state is indiana, but there are a number of family members in wisconsin.

[Ohiogal]

Why do you believe an involuntary commitment is necessary? Based on what you have said it will not happen.

[jonivg]

thank you for your response.

i believe an involuntary commitment is necessary because:

1) she has tried to give away the keys to her apartment and give her furniture away
2) two weeks ago, she took a bus to chicago and decided to come to indiana to live with me for three or four months. even though we were on the phone everyday, she never mentioned this plan. my brothers were able to pick her up in chicago and bring her back to home city.
3) after living in a safe 1 unit apt for over 20 years, she has decided that she will move to manhattan. live in a shelter until housing becomes available. since she is on social security with very limited funds, she will never get housing.
4) her most recent trip to chicago, should also indicate that she is unable to take care of her basic needs such as shelter, food.
5) as her sister, i am extremely concerned for her safety. an advocate for mental health has mentioned "dying with their rights on". winter is coming - she is going to continue getting on a bus - how do you think i would feel if she died from hypothermia while roaming the streets of whatever town she chooses to visit.

sincerely,
joni

[TheGeekess]

Joni, you have not posted any thing that warrants involuntary commitment. You might be able to petition and receive some kind of guardianship of your sister.

"In Wisconsin, the general rule is that the only person who is authorized to make decisions for an adult is that adult.

Wisconsin, unlike many states, is not a "next of kin" or "family consent" state for adults - Wisconsin law does not authorize family members (except for hospice admissions) to make decisions for incapacitated adult family members. As a general rule of law, spouses do not have the legal authority to make decisions for spouses, parents do not have the legal authority to make decisions for adult children, and adult children do not have the legal authority to make decisions for parents.

A guardian is needed if a person is "incompetent," and

* The person didn't (or wasn't able to) appropriately select someone in accordance with state law to make decisions for them (such as creating a Power of Attorney for Health Care and a Durable Power of Attorney for Finances) or
* the authorized surrogate decision-maker's authority does not extend to the type of decision that needs to be made.

What is Guardianship?
Guardianship is

* a legal relationship
* created by a county circuit (probate) court
* after petitioner proves the necessary factual elements and the proposed ward has been provided due process rights
* pursuant to the Wisconsin Statutes,
* between a person called “the ward” and another person or persons called “the guardian of the person” or the guardian of the estate
* when the ward is determined by the court to be either "incompetent" (for the appointment of a guardian of the person or guardian of the estate) or a “spendthrift” (an alternative reason for the appointment of a guardian of the estate).
* Protective services and protective placement can also be included in a petition for guardianship. "
[url=http://www.cwag.org/legal/guardian-support/?Id=66]Wisconsin Guardianship Support Center[/url]