Mayer, AZ asked in Gov & Administrative Law, Public Benefits and Family Law for Wisconsin

Q: Just clarifying that if my dad loses his assistance thru inclusa as per STATE STATUTE 55.02(2) and SINCE HE IS in prote

SINCE HE IS IN PROTECTIVE PLACEMENT that according to the statute he is to be taken care of by the county and or state funding. In the least restrictive place. ( he is in assisted living can from nursing home ) he is totally self dependent and does not need nursing home care. I am worried that they will try to stick him back into nursing home!! It was horrible for him there. I am his legal guardian. I found out due to the fact of his “ protective placement “ I can’t even just go get him and have him live with me. My mom does not wa t him home with her.

1 Lawyer Answer

Brady R. Henderson

Answered
  • Milwaukee, WI
  • Licensed in Wisconsin

A: Both Wisconsin law and federal law provide a right for a person being cared for due to a disability to be given the least restrictive placement. Sometimes court battles arise because that person, the person's guardian or family and the state disagree as to what placement is required. If you are your father's guardian, the state should not be able to do much here without your consent, or at least giving you notice of what they intend to do and an opportunity to be heard.

If things have been done without you being in the loop, or you are concerned about that happening in the near future, it could be important to consult further with an attorney here about legal options for what to do about it.

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