Next of Kin Legislation

In Wisconsin, an incapacitated patient’s family members, the next of kin, can consent to an admission directly from a hospital to a nursing home or community based residential facility (CBRF). Before admission, however, a petition for guardianship of the incapacitated patient must be filed with the court. The patient’s stay in the facility without a guardian is limited to 60 days (s. 50.06), but the guardianship process, which can be a significant emotional and financial burden on patients and their families, often takes months longer.

According to a report from the American Bar Association, at least 45 states explicitly recognize next of kin authority for some type of surrogate decision-making.

The next-of-kin legislation debated last session would have extended the next of kin’s authority in Wisconsin to consent to the admission to and care in a nursing home or CBRF for their incapacitated loved one beyond the current 60 days and without first filing a petition for guardianship. The bill also maintained and added patient protections.

Learn more about how expanding “next-of-kin” authority could help improve care in Wisconsin:

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