WI SB578

Patient representatives (family members or close friends) may consent to admission of an incapacitated individual from a hospital to a nursing home or community-based residential facility without filing guardianship or protective placement petitions, provided the facility notifies the county corporation counsel within 72 hours and the representative signs a declaration under oath

Patient representatives may make health care decisions, enroll the patient in Medical Assistance, and authorize health care expenditures indefinitely under the new process, rather than the current 60-day limit that applies when guardianship petitions are filed

Incapacity determinations may now be made by two physicians or one physician plus an "advanced practice clinician" (psychologist, nurse practitioner, or physician assistant), expanding beyond the current requirement of two physicians or one physician and one psychologist

Written incapacity statements must be sent within 72 hours to the county corporation counsel and adult-at-risk agency, and these statements serve as prima facie evidence in temporary guardianship proceedings that immediate appointment is needed

The alternative admission process without guardianship petitions expires 3 years after the bill's effective date, and DHS must submit annual reports to the legislature on the number of patients admitted under this process