New Resources Available
As of June 1, 2026, Wisconsin Act 115 officially takes effect, creating a new pathway for hospitalized patients to access timely post-acute care when they are incapacitated and have not completed advance directives or designated a health care power of attorney.
The Act updates Wis. Stat. § 50.06 by establishing a new legal decision-maker known as a patient’s representative. This individual may act on behalf of an incapacitated patient who lacks advance directives or another legally authorized decision-maker, helping to facilitate health care decisions and admission to a Community-Based Residential Facility (CBRF) or nursing home following hospitalization.
To support implementation of the new law, the Wisconsin Hospital Association (WHA) has been working to ensure hospitals have the tools needed to utilize the new “Next-of-Kin” provisions effectively. WHA has updated its Next-of-Kin webpage, which now includes a link to the Wisconsin Department of Health Services (DHS) Advance Directives landing page, necessary forms for clinicians and patient representatives, and a webinar explaining the new law and its application.
For additional information and resources, visit the Advance Directives webpage.