Wis JI-Civil 7061

(Insert Wis JI-Civil 100, Opening)

A petition has been filed to appoint a guardian for (individual) and for protective

services for (him) (her). The petition alleges that (individual) is an incompetent person by

reason of (a developmental disability) (degenerative brain disorder) (serious and persistent

mental illness) (or other like incapacities) and needs a guardian appointed and protective

services. A guardian is a person appointed by a court to manage the income and assets and

provide for the essential requirements for health and safety and the personal needs of an

individual found incompetent. Protective services include: (insert services that may be

ordered under the facts)

(a) Outreach.

(b) Identification of individuals in need of services.

(c) Counseling and referral for services.

(d) Coordination of services for individuals.

(e) Tracking and follow-up.

(f) Social services.

(g) Case management.

(h) Legal counseling or referral.

(i) Guardianship referral.

(j) Diagnostic evaluation.

(k) 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, financial exploitation, neglect, or self-neglect or prevent

the individual from experiencing deterioration or from inflicting harm on himself or herself

or another person.

The fact that a petition has been filed is not evidence that (individual) is incompetent

or in need of protective services. Every person is presumed to be competent. The burden of

proving incompetency and the need for protective services is upon (petitioner). The evidence

must show the incompetence exists at the time of this hearing.

This is a civil, not a criminal case. While (individual) is not on trial to be punished for

any offense, nevertheless, this trial and your verdict could have a significant impact of (his)

(her) life. Therefore, you should approach your task with a sense of serious duty.

Wis JI-Civil 110, Arguments of Counsel

Wis JI-Civil 115, Objections of Counsel

Wis JI-Civil 120, Judge's Demeanor

Wis JI-Civil 130, Stricken Testimony

Wis JI-Civil 215, Credibility of Witnesses; Weight of Evidence

Wis JI-Civil 260, Expert Testimony: General

Wis JI-Civil 265, Expert Testimony: Hypothetical Question

At the end of the trial, you will be given a special verdict consisting of two questions.

You must answer them according to the evidence and to the instructions I will give you.

Wis JI-Civil 205, Burden of Proof: Middle

Wis JI-Civil 145, Special Verdict Questions: Interrelationship

Question 1 in the verdict reads: Is (individual) incompetent at the time of this hearing?

To answer question 1 "yes," you must find the following:

a. That (individual) is aged at least 17 years and 9 months; and

b. That (individual) suffers from ("a developmental disability") ("degenerative

brain disorder") ("serious and persistent mental illness"), or ("other like incapacities"); and

c. That because of (impairment), (individual) is unable to effectively receive and

evaluate information or to make or communicate decisions to such an extent that (he) (she)

cannot (meet the essential requirements for (his) (her) physical health and safety) (perform

those actions necessary to provide the healthcare, food, shelter, clothes, personal hygiene,

and other care without which serious physical injury or illness will likely occur); and

d. That (individual)'s need for assistance in decision-making or communication

cannot be met effectively and less restrictively through appropriate and reasonably available

training, education, support services, health care, assistive devices, or other means that the

individual will accept.

[A "developmental disability" means a disability attributable to mental retardation,

cerebral palsy, epilepsy, or autism or any other neurological conditions closely related to

mental retardation or requiring treatment similar to that required for individuals with mental

retardation which has continued or can be expected to continue indefinitely. The condition

must substantially impair the individual so that he or she cannot adequately provide for his or

her own care or custody; it must constitute a substantial handicap to the afflicted individual.

The term does not include dementia that is primarily caused by degenerative brain disorder.]

["Degenerative brain disorder" means the loss or dysfunction of an individual's brain

cells to the extent that he or she is substantially impaired in his or her ability to provide

adequately for his or her own care or custody or to manage adequately his or her property or

financial affairs.]

["Serious and persistent mental illness" means a mental illness that is severe in degree

and persistent in duration, that causes a substantially diminished level of functioning in the

primary aspects of daily living and an inability to cope with the ordinary demands of life, that

may lead to an inability to maintain stable adjustment and independent functioning without

long-term treatment and support, and that may be of lifelong duration. It includes

schizophrenia as well as a wide spectrum of psychotic and other severely disabling

psychiatric diagnostic categories, but does not include degenerative brain disorder or a

primary diagnosis of a developmental disability or of alcohol or drug dependence.]

["Other like incapacities" means those conditions incurred at any age which are the

result of accident, organic brain damage, mental or physical disability, or continued

consumption or absorption of substances, and that produce a condition which substantially

impairs an individual from providing for his or her own care or custody.]

Unless (individual) is unable to communicate decisions effectively in any way, your

determination of incompetency may not be based on mere old age, eccentricity, poor

judgment, or physical disability.

Question 2 of the verdict reads: If you answer question 2 "yes," then answer this

question: Is (individual) in need of protective services?

(Individual) is considered to be in need of protective services if (he) (she) will incur a

substantial risk of physical harm or deterioration or will present a substantial risk of physical

harm to others if protective services are not provided.

If your answer to both of these questions in the Special Verdict is "yes," then the court

may order protective services. However, protective services will be ordered only after

(individual)'s needs have been comprehensively evaluated.

Do not concern yourself with the nature of the protective services.

Wis JI-Civil 180, Five-Sixths Verdict

Wis JI-Civil 190, Closing

SPECIAL VERDICT

Question 1: Is (individual) incompetent?

Answer:

Yes or No

Question 2: If you answer question 1 "yes," then answer this question:

Is (individual) in need of protective services?

Answer:

Yes or No