Wisconsin Statutes
Wis. Stat. § 51.59 (2026)
Incompetency not implied
✓ current as of July 2026
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51.59(1)(1) No person is deemed incompetent to manage his or her affairs, to contract, to hold professional, occupational or motor vehicle operator’s licenses, to marry or to obtain a divorce, to vote, to make a will or to exercise any other civil right solely by reason of his or her admission to a facility in accordance with this chapter or detention or commitment under this chapter.
51.59(2)(2) This section does not authorize an individual who has been involuntarily committed or detained under this chapter to refuse treatment during such commitment or detention, except as provided under s. 51.61 (1) (g) and (h).
Notes of Decisions
Cited in 11
cases (2 in the last 5 years), 1985–2026 · leading case: State Ex Rel. Jones v. Gerhardstein, 416 N.W.2d 883 (Wis. 1987).
State Ex Rel. Jones v. Gerhardstein, 416 N.W.2d 883 (Wis. 1987). “The court of appeals found the treatment authorization provisions of sec. 51.59, Stats., [4] unconstitutional on equal protection grounds.”
S.Y. v. Eau Claire Cnty., 457 N.W.2d 326 (Wis. Ct. App. 1990). “Section 51.59(1), Stats., provides: "No person is deemed incompetent to manage his or her affairs .”
State Ex Rel. Jones v. Gerhardstein, 400 N.W.2d 1 (Wis. Ct. App. 1986). “The state relies on sec. 51.59, Stats., which provides: *178 Incompetency not implied.”
S.Y. v. Eau Claire Cnty., 469 N.W.2d 836 (Wis. 1991). “Section 51.59(1), Stats., provides: Incompetency not implied.”
In Matter of Condition of SY, 469 N.W.2d 836 (Wis. 1991). “Section 51.59(1), Stats., provides: Incompetency not implied.”
S.B. v. Racine Cnty., 406 N.W.2d 408 (Wis. 1987). “Furthermore, under sec. 51.59, Stats. 1985-86, even an individual who is committed under ch.”
Stensvad v. Reivitz, 601 F. Supp. 128 (W.D. Wis. 1985). “It seems clear under § 51.59 that an involuntary commitment is a finding of incompetency with respect to treatment decisions.”
In Matter of SB, 406 N.W.2d 408 (Wis. 1987). “Furthermore, under sec. 51.59, Stats. 1985-86, even an individual who is committed under ch.”
Dane Cnty. v. N. W. (Wis. Ct. App. 2019). “§ 51.59(1) (“No person is deemed incompetent to manage his or her affairs, to contract, to hold professional, occupational or motor vehicle operator’s licenses, to marry or to obtain a divorce, to vote, to make a will or to exercise any other civil right solely by reason of his…”
Kenosha Cnty. v. L.A.T. (Wis. Ct. App. 2023). “§ 51.59(1), that subject individuals are not to be deemed incompetent to manage their affairs solely due to a civil commitment, has been or should always be rebutted in cases like hers.”
Sheboygan Cnty. v. N. A. L., 2026 WI 16 (Wis. 2026). “§ 51.59(2). If an examiner files a report opining that the individual is incompetent to make medication or treatment decisions, query whether the individual is competent to stipulate to involuntary medication or treatment? A stipulation to medication or treatment is itself a…”
— Wis. Stat. § 51.59(1) — 7 cases
State Ex Rel. Jones v. Gerhardstein, 416 N.W.2d 883 (Wis. 1987). “The court of appeals found the treatment authorization provisions of sec. 51.59, Stats., [4] unconstitutional on equal protection grounds.”
S.Y. v. Eau Claire Cnty., 457 N.W.2d 326 (Wis. Ct. App. 1990). “Section 51.59(1), Stats., provides: "No person is deemed incompetent to manage his or her affairs .”
State Ex Rel. Jones v. Gerhardstein, 400 N.W.2d 1 (Wis. Ct. App. 1986). “The state relies on sec. 51.59, Stats., which provides: *178 Incompetency not implied.”
S.Y. v. Eau Claire Cnty., 469 N.W.2d 836 (Wis. 1991). “Section 51.59(1), Stats., provides: Incompetency not implied.”
In Matter of Condition of SY, 469 N.W.2d 836 (Wis. 1991). “Section 51.59(1), Stats., provides: Incompetency not implied.”
— Wis. Stat. § 51.59(2) — 2 cases
State Ex Rel. Jones v. Gerhardstein, 416 N.W.2d 883 (Wis. 1987). “The court of appeals found the treatment authorization provisions of sec. 51.59, Stats., [4] unconstitutional on equal protection grounds.”
Sheboygan Cnty. v. N. A. L., 2026 WI 16 (Wis. 2026). “§ 51.59(2). If an examiner files a report opining that the individual is incompetent to make medication or treatment decisions, query whether the individual is competent to stipulate to involuntary medication or treatment? A stipulation to medication or treatment is itself a…”
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