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Advance Directives

New patient's representative forms and resources

As of June 1, 2026, the 2025 Wisconsin Act 115 update to Wis. Stat. § 50.06 created a new legal decision-maker and an alternative route for admission to a community-based residential facility (CBRF) or nursing home for certain hospital patients who are incapacitated and lack advance directives or a legal decision-maker. In these cases, a family member may step in as a "patient's representative" to make legal decisions regarding post-hospital facility placement and health care.

The intent of this legislation is to help incapacitated patients access post-hospital care faster, reduce unnecessary hospital stays, ease strain on Wisconsin's health care system, and include family involvement in decision-making.

Two forms are available for use in establishing patient's representative authority:

In addition, the Department of Health Services (DHS) has recorded an informational webinar that provides an overview of the 2025 Wisconsin Act 115 update to Wis. Stat. § 50.06 and the role of the patient's representative, including necessary forms and access to Medicaid services.

Note: While the DHS is responsible for developing forms and resources consistent with this statute, DHS cannot provide legal advice. If you have questions or concerns, consult with an attorney or contact one of the agencies in the "Who to contact for more information" section below.

Advance directives

An advance directive describes, in writing, treatments you want or don’t want. It tells others what to do with your care if you get injured and can’t express your wishes. You can complete an advance directive if you are 18 or older and of sound mind.

Wisconsin Department of Health Services (DHS) has advance directive forms online. These forms are meant for you to complete without needing help from an attorney. However, you may have a situation or concern where you do want to seek legal advice from an attorney.

The forms we have include:

  • Declaration to Health Care Professionals (Wisconsin Living Will)
  • Power of Attorney for Health Care
  • Power of Attorney for Finance and Property
  • Authorization for Final Disposition

You may also get these forms, or similar forms, from your attorney, doctor, or hospital.

Access advance directive forms

Before you access these forms, please read and make sure you understand the following:

  • If you are printing advance directive forms from the internet, print and complete all pages of the form. The form must be complete and signed to be valid.
  • The Declaration to Health Care Professionals (Wisconsin Living Will) and Power of Attorney for Health Care forms also have letters that are not part of the legal form. The letters have information for you to read before you complete the form.
  • Our forms have standard wording that comes from Wisconsin law. If you complete and sign a form correctly, it is recognized as valid in the State of Wisconsin.
  • Don’t change the pre-printed wording of any form unless the instructions tell you to do so. Changing the forms in any way that goes against the instructions may make the form invalid.
  • If the forms don’t meet your needs, contact an attorney.

Access the advance directive forms

Who to contact for more information

Glossary

 
Last revised June 4, 2026