Opinion
No. 2014AP2987.
2015-04-30
In the matter of the Mental COMMITMENT OF F.E.K. Waushara County, Petitioner–Respondent, v. F.E. K., Respondent–Appellant.
(Emphasis added.) As shown by the statutory language above, § 51.61(1)(g)4. sets forth two ways that a person may be found incompetent to refuse medication, but a prerequisite to this determination is that the person must have received an “explanation of the advantages and disadvantages of and alternatives to” proposed medication or treatment. Melanie L, 349 Wis.2d 148, ¶ 54, 833 N.W.2d 607. 349 Wis.2d 148, ¶ 67, 833 N.W.2d 607 (emphasis added). As pertinent here, the obligation is to discuss “reasonable” alternatives to the medication proposed. “[M]ental health professionals are not required to explore medically unaccepted and unrecognized alternatives.” K.S. v. Winnebago Cnty., 147 Wis.2d 575, 579, 433 N.W.2d 291 (Ct.App.1988); see Wis. Stat. § 51.61(1)(g)4.