Wisconsin Has a New Next of Kin Law

You Need a Health Care Power of Attorney Now More Than Ever

Wisconsin’s “next of kin” law took effect June 1, 2026. A lot of people hear the name and assume a spouse or adult child can now make medical decisions for them if they can’t make their own. That isn’t what the law does. It covers one situation, and it leaves the rest where it was.

What the law does
The law is 2025 Wisconsin Act 115. It deals with a hospital patient who can no longer make health care decisions, has no health care power of attorney, and is ready to leave the hospital for a nursing home or a community-based residential facility.

Before June 1, a family in that spot usually had to start a guardianship case in court before the patient could be moved. The patient stayed in a hospital bed in the meantime, sometimes for weeks.

Now a family member can consent to the move without going to court. Two physicians, or a physician and an advanced practice clinician, have to examine the patient and certify that the patient is incapacitated. The family member signs a sworn declaration on a state form. That person is called the “patient’s representative.” Once the patient is admitted, the representative can make health care decisions for the patient, apply for Medicaid, and approve health care bills.

Who gets to be the representative
The statute sets the order. The patient doesn’t choose.

1. Spouse or domestic partner
2. Adult child
3. Parent
4. Adult brother or sister
5. Grandparent
6. Adult grandchild
7. Adult close friend

If you’re separated from your spouse and your child handles everything, your spouse is still first in line.

What the law doesn’t cover
The law only works for a patient going directly from a hospital inpatient unit to a nursing home or community-based residential facility. Outside of that, the family has no authority under it. Here is what’s left out:

• Decisions for someone who is at home or anywhere else other than a hospital.
• A patient who objects to the move.
• A patient diagnosed with a developmental disability or a mental illness as the statute defines it.
• A patient who later goes home. The representative’s authority ends at discharge.
• Any admission after June 1, 2029. The law expires then unless the legislature extends it.

In each of those cases, a family without a health care power of attorney is headed to court for guardianship. Anyone can also ask a court to review what the representative is doing, so a family disagreement can end up in front of a judge anyway.

Why a health care power of attorney is better
A health care power of attorney lets you pick the person who decides for you. You can name a backup. You can write down what you want. It works in any setting, it doesn’t depend on which diagnosis you have, and it doesn’t expire in 2029.

Check the boxes on the one you have
Signing a Wisconsin health care power of attorney isn’t enough by itself. The Wisconsin form asks yes-or-no questions about specific powers. Two of them matter most:

• Whether your agent can admit you to a nursing home or community-based residential facility for a long-term stay.
• Whether your agent can have a feeding tube withheld or withdrawn.

If you leave the nursing home question blank, your agent can only admit you for a short recuperative or respite stay. A blank box means no. We see this often on forms people filled out on their own or signed at a hospital years ago. A family in that position can end up with the same discharge problem the new law was written to fix.

What to do

• If you don’t have a health care power of attorney, sign one.
• If you have one, pull it out and look at the yes-or-no questions. If any are blank or don’t match what you want, sign a new one.
• Make sure your agent, your backup agent, and your doctor have copies.
• If you have a parent or spouse in Wisconsin, ask them the same questions.

If you’d like your Wisconsin health care power of attorney reviewed, or you’re dealing with a hospital discharge under the new law, contact Carlson Dash at 312-648-6220 or kcarlson@carlsondash.com.

This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.