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IN RE HELEN E.F.

No. 2010AP2061.

798 N.W.2d 707 (2011)

2011 WI App 72

In the Matter of the Mental Commitment of HELEN E.F. Fond du Lac County, Petitioner-Respondent, v. Helen E.F., Respondent-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed April 27, 2011.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of Donald T. Lang , assistant state public defender, Madison.

On behalf of the petitioner-respondent, the cause was submitted on the brief of William J. Bendt of Fond du Lac County Corporation Counsel, Fond du Lac.

Nonparty briefs were filed by Maren Beermann of Coalition of Wisconsin Aging Groups, Madison; Andrew T. Phillips and Daniel J. Borowski of Phillips Borowski, S.C., Mequon, for Wisconsin Counties Association; and Kristin M. Kerschensteiner of Disability Rights Wisconsin, Madison.

Before BROWN, C.J., ANDERSON and REILLY, JJ.

ANDERSON, J.

¶ 1 Helen E.F. appeals from an order for commitment and an order for involuntary medication. The evidence presented at trial was insufficient to sustain Helen's WIS. STAT. ch. 51 (2009-10)1 involuntary commitment as a matter of law given that Helen, who is afflicted with Alzheimer's disease, does not suffer from a qualifying mental condition and is not a proper subject for treatment. We therefore reverse and remand the...

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