Wis. Stat. » CHAPTER 55 — PROTECTIVE SERVICE SYSTEM
Wisconsin Statutes

Wis. Stat. § 55.09 (2026)

Notice of petition and hearing for protective services or placement

✓ current as of July 2026
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55.0955.09 Notice of petition and hearing for protective services or placement.
55.09(1)(1) Notice to individual. Notice of a petition for protective placement or protective services shall be served upon the individual sought to be protected, by personal service, at least 10 days before the time set for a hearing. The person serving the notice shall inform the individual sought to be protected of the complete contents of the notice and shall return a certificate to the circuit judge verifying that the petition has been delivered and notice given. The notice shall include the names of all petitioners.
55.09(2)(2) Other notice required. In addition to the notice required under sub. (1), notice shall be served, personally or by mail, at least 10 days before the time set for a hearing, upon all of the following:
55.09(2)(a)(a) The guardian ad litem, legal counsel, and guardian, if any, of the individual sought to be protected.
55.09(2)(b)(b) The agent under an activated power of attorney for health care, if any, of the individual sought to be protected.
55.09(2)(c)(c) The presumptive adult heirs, if any, of the individual sought to be protected.
55.09(2)(d)(d) Other persons who have physical custody of the individual sought to be protected whose names and addresses are known to the petitioner or can with reasonable diligence be ascertained.
55.09(2)(e)(e) The county department.
55.09(2)(f)(f) Any governmental or private body or group from whom the individual sought to be protected is known to be receiving aid.
55.09(2)(g)(g) Any other persons or entities that the court may require.
55.09(2)(h)(h) The department, if the individual sought to be protected may be placed in a center for the developmentally disabled.
55.09(2)(i)(i) The county department that is participating in the program under s. 46.278 of the county of residence of the individual sought to be protected, if the individual has a developmental disability and may be placed in an intermediate facility or a nursing facility, except that, for an individual sought to be protected to whom s. 46.279 (4m) applies, this notice shall instead be served on the department.
55.09(3)(3) Notice of petition for involuntary administration of psychotropic medication. Notice of a petition under s. 55.14 shall be served personally or by mail upon the corporation counsel and county department.
55.09 HistoryHistory: 2005 a. 264 ss. 127, 159; 2005 a. 387 s. 115; 2007 a. 45.
Notes of Decisions
Cited in 3 cases, 2010–2020 · leading case: Fond du Lac Cnty. v. Helen E. F., 2012 WI 50 (Wis. 2012).
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Fond du Lac Cnty. v. Helen E. F., 2012 WI 50 (Wis. 2012). “§ 55.09(1-2). If the individual has no guardian, the court must appoint a guardian ad litem ("GAL") on behalf of the individual.”
Jefferson Cnty. v. Joseph S., 2010 WI App 160 (Wis. Ct. App. 2010). · cites it 2× “44 (guardianship); Wis. Stat. §§ 55.09 , 55.10, 55.105 (protective placement).”
Butler, Robert v. Taylor Cnty. Wisconsin (W.D. Wis. 2020). “Petitioner makes no claim that Wisconsin’s overall statutory scheme fails to meet federal due process requirements, nor does he claim that the state has failed to provide him with these statutory protections, save one -- his right to a jury trial.”
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