SB312,2,72 55.05 (5) (d) The admission to a facility of a principal by a health care agent
3under the terms of a power of attorney for health care instrument and in accordance
4with ch. 155, or of an incapacitated individual by a surrogate under s. 155.90, or the
5admission of an individual to a nursing home or community-based residential
6facility under the requirements of s. 50.06 is not a protective placement under this
7chapter.

SB312,3,49 146.81 (5) "Person authorized by the patient" means the parent, guardian or
10legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person
11vested with supervision of the child under s. 938.183 or 938.34 (4d), (4h), (4m) or (4n),
12the guardian of a patient adjudged incompetent, as defined in s. 880.01 (3) and (4),
13the personal representative or spouse of a deceased patient, any person authorized
14in writing by the patient or a health care agent designated by the patient as a
15principal under ch. 155 if the patient has been found to be incapacitated under s.
16155.05 (2), except as limited by the power of attorney for health care instrument, or,
17if the patient has not executed a power of attorney for health care instrument under
18ch. 155, and the patient has been found to be incapacitated under s. 155.90 (3), the
19surrogate under s. 155.90 (2). If no spouse survives a deceased patient, "person
20authorized by the patient" also means an adult member of the deceased patient's

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1immediate family, as defined in s. 632.895 (1) (d). A court may appoint a temporary
2guardian for a patient believed incompetent to consent to the release of records under
3this section as the person authorized by the patient to decide upon the release of
4records, if no guardian has been appointed for the patient.

SB312,3,1411 155.01 (7m) "Incapacitated" means unable to receive and evaluate information
12effectively or to communicate decisions to such an extent that the individual lacks
13the capacity to manage his or her health care decisions, including decisions about his
14or her post-hospital care.

SB312,3,1816 155.01 (13) "Surrogate" means an individual authorized under s. 155.90 (2) to
17make health care decisions on behalf of another who cannot make health care
18decisions because of incapacity.

SB312,3,24 20155.90 Health care decisions for incapacitated persons without a
21power of attorney for health care. (1) An individual under sub. (2) may make
22health care decisions on behalf of an incapacitated individual who does not have a
23valid power of attorney for health care and who has not been adjudicated
24incompetent under ch. 880, if all of the following apply:

SB312,4,3

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1(a) No individual who is listed under sub. (2) in the same order of priority as,
2or higher in priority than, the individual who is making the health care decision
3disagrees with the decision.

SB312,4,64 (b) 1. Except as provided in subd. 2., no individual who is listed under sub. (2)
5and who resides with the incapacitated individual disagrees with the health care
6decision.

SB312,4,77 2. Subdivision 1. does not apply if any of the following applies:

SB312,4,98 a. The individual who is making the health care decision resides with the
9incapacitated individual.

SB312,4,1110 b. The individual who is making the health care decision is the spouse of the
11incapacitated individual.

SB312,4,1412 (c) The individual on whose behalf the health care decision is being made is not
13diagnosed as developmentally disabled or as having a mental illness at the time of
14the health care decision.

SB312,4,16 15(2) The following individuals, in the following order of priority, may make a
16health care decision on behalf of an incapacitated individual:

SB312,4,1717 (a) The spouse of the incapacitated individual.

SB312,4,1818 (b) An adult child of the incapacitated individual.

SB312,4,1919 (c) A parent of the incapacitated individual.

SB312,4,2020 (d) An adult sibling of the incapacitated individual.

SB312,4,2121 (e) A grandparent of the incapacitated individual.

SB312,4,2222 (f) An adult grandchild of the incapacitated individual.

SB312,4,2323 (g) An adult close friend of the incapacitated individual.

SB312,5,8 24(3) A determination that an individual is incapacitated for purposes of sub. (1)
25shall be made by 2 physicians, as defined in s. 448.01 (5), or by one physician and one

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1licensed psychologist, as defined in s. 455.01 (4), who personally examine the
2individual and sign a statement specifying that the individual is incapacitated. Mere
3old age, eccentricity or physical disability, either singly or together, are insufficient
4to make a finding that an individual is incapacitated. Neither of the individuals who
5makes a finding that an individual is incapacitated may be a relative, as defined in
6s. 242.01 (11), of the individual or have knowledge that he or she is entitled to or has
7a claim on any portion of the individual's estate. A copy of the statement shall be
8included in the individual's records in the facility to which he or she is admitted.

SB312,5,12 9(4) Except as specified in subs. (5) (a) and (b), (6) and (7), the surrogate who is
10known to the health care provider to be available to make health care decisions for
11the incapacitated individual has priority over any individual other than the
12incapacitated individual to make these health care decisions.

SB312,5,14 13(5) (a) A surrogate may not consent to admission of the incapacitated
14individual on an inpatient basis to any of the following:

SB312,5,1515 1. An institution for mental diseases, as defined in s. 49.43 (6m).