This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
CHAPTER 52
supported decision-making agreements
SUBCHAPTER I
DEFINITIONS AND GENERAL PROVISIONS
52.01   Definitions.
52.03   Agreement not evidence of incapacity or incompetency.
SUBCHAPTER II
SCOPE OF AGREEMENT AND AGREEMENT REQUIREMENTS
52.10   Scope.
52.12   Authority of supporter.
52.14   Term of agreement; revocation.
52.16   Access to personal information.
52.18   Authorization and witnesses.
52.20   Supported decision-making agreement instrument; form.
SUBCHAPTER III
DUTY OF CERTAIN PERSONS WITH RESPECT TO AGREEMENT
52.30   Reliance on agreement; limitation of liability.
52.32   Reporting of suspected abuse, neglect, or financial exploitation.
Ch. 52 Note NOTE: Chapter 52 was created as Chapter 53 by 2017 Wis. Act 345 and renumbered to Chapter 52 by the legislative reference bureau under s. 13.92 (1) (bm) 2.
subch. I of ch. 52 SUBCHAPTER I
DEFINITIONS AND GENERAL PROVISIONS
52.01 52.01 Definitions. In this chapter:
52.01(1) (1)“Abuse” has the meaning given in s. 46.90 (1) (a).
52.01(1m) (1m)“Financial exploitation” has the meaning given in s. 46.90 (1) (ed).
52.01 Note NOTE: Sub. (1m) was created as sub. (3) by 2017 Wis. Act 345 and renumbered to sub. (1m) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
52.01(2) (2)“Functional impairment” means any of the following:
52.01(2)(a) (a) A physical, developmental, or mental condition that substantially limits one or more of an individual's major life activities, including any of the following:
52.01(2)(a)1. 1. Capacity for independent living.
52.01(2)(a)2. 2. Self direction.
52.01(2)(a)3. 3. Self care.
52.01(2)(a)4. 4. Mobility.
52.01(2)(a)5. 5. Communication.
52.01(2)(a)6. 6. Learning.
52.01(2)(b) (b) Impairment, as defined under s. 54.01 (14).
52.01(2)(c) (c) Other like incapacities, as defined under s. 54.01 (22).
52.01(4) (4)“Health care provider” has the meaning given in s. 155.01 (7).
52.01(5) (5)“Neglect” has the meaning given in s. 46.90 (1) (f).
52.01(6) (6)“Supported decision-making” means a process of supporting and accommodating an adult with a functional impairment to enable the adult to make life decisions, including decisions related to where the adult wants to live, the services, supports, and medical care the adult wants to receive, whom the adult wants to live with, and where the adult wants to work, without impeding the self-determination of the adult.
52.01(7) (7)“Supported decision-making agreement" is an agreement between an adult with a functional impairment and a supporter entered into under this chapter.
52.01(8) (8)“Supporter" means an adult who is willing to enter into an agreement with an adult with a functional impairment to provide supported decision-making.
52.01 Note NOTE: Section 52.01 was created as s. 53.01 by 2017 Wis. Act 345 and renumbered to s. 52.01 by the legislative reference bureau under s. 13.92 (1) (bm) 2.
52.01 History History: 2017 a. 345; s. 13.92 (1) (bm) 2.; Stats. 2017 s. 52.01; s. 35.17 correction in (2) (b), (c).
52.03 52.03 Agreement not evidence of incapacity or incompetency. Execution of a supported decision-making agreement may not be used as evidence of incapacity or incompetency and does not preclude an adult with a functional impairment who has entered into such an agreement from acting independently of the agreement.
52.03 Note NOTE: Section 52.03 was created as s. 53.03 by 2017 Wis. Act 345 and renumbered to s. 52.03 by the legislative reference bureau under s. 13.92 (1) (bm) 2.
52.03 History History: 2017 a. 345; s. 13.92 (1) (bm) 2.; Stats. 2017 s. 52.03.
subch. II of ch. 52 SUBCHAPTER II
SCOPE OF AGREEMENT AND
AGREEMENT REQUIREMENTS
52.10 52.10 Scope.
52.10(1)(1)If an adult with a functional impairment decides voluntarily, without coercion, to enter into a supported decision-making agreement with a supporter, that adult may, in the agreement, authorize the supporter to do any of the following:
52.10(1)(a) (a) Provide supported decision-making to the adult with a functional impairment, including assistance in understanding the options, responsibilities, and consequences of that person's life decisions, without making those decisions on behalf of that person.
52.10(1)(b) (b) Assist the adult with a functional impairment in accessing, collecting, and obtaining information that is relevant to a given life decision, including medical, psychological, financial, educational, or treatment records, from any person.
52.10(1)(c) (c) Assist the adult with a functional impairment in understanding the information described in par. (b).
52.10(1)(d) (d) Assist the adult with a functional impairment in communicating the adult's decisions to appropriate persons.
52.10(2) (2)A supporter is not a surrogate decision maker for the adult with a functional impairment and does not have the authority to sign legal documents on behalf of the adult with a functional impairment or bind the adult with a functional impairment to a legal agreement.
52.10 Note NOTE: Section 52.10 was created as s. 53.10 by 2017 Wis. Act 345 and renumbered to s. 52.10 by the legislative reference bureau under s. 13.92 (1) (bm) 2.
52.10 History History: 2017 a. 345; s. 13.92 (1) (bm) 2.; Stats. 2017 s. 52.10.
52.12 52.12 Authority of supporter. A supporter may exercise the authority granted to the supporter in the supported decision-making agreement.
52.12 Note NOTE: Section 52.12 was created as s. 53.12 by 2017 Wis. Act 345 and renumbered to s. 52.12 by the legislative reference bureau under s. 13.92 (1) (bm) 2.
Loading...
Loading...
2015-16 Wisconsin Statutes updated through 2017 Wis. Act 367 and all Supreme Court and Controlled Substances Board Orders effective on or before July 4, 2018. Published and certified under s. 35.18. Changes effective after July 4, 2018 are designated by NOTES. (Published 7-4-18)