Wisconsin Assembly Bill AB653

Wisconsin 2023-2024 Regular Session

• Introduced: 11/9/23
• Refer: 11/9/23
• Failed: 4/15/24

Caption

Surrogate decision-making.

Impact

This bill will create a new chapter in the statutes focused on health care surrogate decision-making, impacting laws regarding the rights of incapacitated patients and their families. It will ensure that decisions made by surrogate decision makers align closely with the patients' values and wishes, as expressed through any advanced planning instruments they may have, such as declarations or powers of attorney. Furthermore, health care providers will be protected from liability when they follow the directions given by a surrogate decision maker, provided those directions comply with the bill's provisions.

Summary

Assembly Bill 653 introduces a new framework for surrogate decision-making in healthcare for incapacitated patients in Wisconsin. The bill allows next of kin to act as surrogate decision makers when patients are unable to make their own health care choices due to incapacity. It establishes a clear hierarchy for who can serve in this role, beginning with the patient's spouse, followed by adult children and other close relatives. The bill sets specific requirements for how healthcare providers must assess and document a patient's incapacity before a surrogate decision maker can be engaged.

Contention

Notable points of contention surrounding AB653 include the balance of surrogate decision-making authority and the need for potential clarification on surrogates' liability. Critics argue that the absence of a clear directive regarding the presumption of a patient's wishes in cases where no advanced planning instrument exists could lead to disputes among family members. Moreover, concerns have been raised about how this bill aligns with existing laws on advanced directives and patient autonomy, particularly in the context of life-sustaining treatment decisions, which are explicitly excluded from surrogates' authority under the bill.