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Bills from the 2025–26 session

Senate Bill 578

Consent to admissions to certain health care facilities by patient representatives without requiring a petition for guardianship or protective placement. (FE)

Topics: Community-based residential facility, Guardian and ward, Hospitals and health care facilities, Medical assistance, Nursing homes and adult care

Stopped before the full Senate voted

The recommended passing it, but the full Senate never voted on it. The last day for votes this session was Mar 19, 2026. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Oct 24, 2025

  2. Committee, passed

    Approved

  3. Senate vote, stopped here

    Stopped here. The full Senate never voted on it.

  4. Assembly vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Mar 23, 2026: “Failed to pass pursuant to ⁠”

Read the bill

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The same bill was also filed in the Assembly as AB 598. That version became law.

What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill allows a patient’s representative to consent to an admission of an incapacitated individual from a hospital to a nursing home or community-based residential facility without a petition for guardianship or protective placement and allows a patient’s representative to make health care decisions, enroll the patient in the Medical Assistance program, and authorize expenditures related to health care on behalf of an incapacitated individual without certain time limitations that are imposed under current law if certain conditions are met.

Under current law, an individual who is either related to an incapacitated individual as provided under current law or is an adult close friend of an incapacitated individual may consent to admission, directly from a hospital to a nursing home or community-based residential facility, of the incapacitated individual who does not have a valid power of attorney for health care and who has not been adjudicated incompetent in this state if certain conditions apply, including that the individual for whom admission is sought is not diagnosed as developmentally disabled or as having a mental illness at the time of the proposed admission, that the incapacitated individual does not verbally object to or otherwise actively protest the admission, and that petitions for guardianship for the individual and for protective placement of the individual are filed prior to the proposed admission. A determination that an individual is incapacitated must be made by two physicians or one physician and one psychologist who personally examine the individual. An individual who consents to admission of an incapacitated individual may make health care decisions to the same extent as a guardian of the person and authorize expenditures related to health care to the same extent as a guardian of the estate until 60 days after the admission to the facility, discharge of the incapacitated individual from the facility, or appointment of a guardian for the incapacitated individual, whichever occurs first.

Read the full summary

The bill allows a patient’s representative to consent to an admission of an incapacitated individual from a hospital to a nursing home or community-based residential facility as provided under current law without petitions for guardianship or protective placement of the incapacitated individual being filed if 1) the incapacitated individual is admitted directly from a hospital inpatient unit, 2) the facility to which the incapacitated individual is admitted notifies the corporation counsel for the county in which the incapacitated patient resides of the admission within 72 hours of admission, and 3) the patient’s representative signs, subject to penalty of false swearing, a declaration that contains certain information including a written acknowledgment that the patient’s representative may make decisions or authorize expenditures as provided under the bill and promptly provides the signed declaration to all of the incapacitated individual’s family members that can be reasonably contacted, the discharging hospital and the accepting facility, the corporation counsel for the county in which the incapacitated individual resides, and the adult-at-risk agency for the county in which the incapacitated individual resides. Further, the bill allows a patient’s representative to make health care decisions, enroll the incapacitated individual in the Medical Assistance program, and authorize expenditures related to health care without the time limitations that apply to other direct admissions under current law if the patient’s representative satisfies the conditions for admission provided under the bill. The authority of a patient’s representative to make health care decisions and authorize expenditures related to health care under the bill ends if a court appoints a guardian to make such decisions, the incapacitated individual is discharged to a setting that is not a facility, a health care power of attorney that was not identified at the time that the patient’s representative was established is identified, or the individual is determined to no longer be incapacitated.

The bill provides that a determination that an individual is incapacitated for the purposes of admitting the individual directly from a hospital to a facility may be made by two physicians or by one physician and one advanced practice clinician, which is defined to mean either a psychologist, a registered nurse who is currently certified as a nurse practitioner, or a physician assistant who a physician responsible for overseeing the physician assistant’s practice affirms is competent to conduct evaluations of the capacity of patients to manage health care decisions. Any physician or advanced practice clinician who determines that an individual is incapacitated for the purposes of admitting the individual directly from a hospital to a facility must, if the individual is admitted to a facility as provided under the bill, prepare a written statement on a form prescribed by the DHS stating that the physician or advanced practice clinician personally examined the incapacitated individual, the date and location that the physician or advanced practice clinician determined the individual is incapacitated, the medical conditions of the individual, if any, that led the physician or advanced practice clinician to conclude that the individual is incapacitated, the physician’s or advanced practice clinician’s office address and contact information, and any other information identified by DHS. A copy of the written statement must be included in the incapacitated individual’s patient health care records and must be sent, within 72 hours of the incapacitated individual’s admission to a facility, to the corporation counsel for the county in which the incapacitated individual resides and the adult-at-risk agency for the county in which the incapacitated individual resides. The bill provides that any physician or psychologist who examines an individual who is a proposed ward pursuant to a petition for guardianship must request and review any written statements prepared for the proposed ward and received by an adult-at-risk agency as provided under the bill.

The bill provides that a petitioner for temporary guardianship of a proposed ward admitted to a facility under the alternative procedure set forth in the bill must, as soon as practicable after filing the petition, request a copy of any written statement held by the corporation counsel for the county in which the proposed ward resided prior to admission to the facility. The corporation counsel must provide a copy of any written statement relating to the proposed ward upon the request of a petitioner who has filed a petition in a court of competent jurisdiction for a temporary guardianship of the proposed ward. The petitioner must submit to the court either a copy, under seal, of any written statement received for in camera inspection by the court or a statement that the petitioner requested any relevant written statement but no such document was located. Under the bill, the court must inspect, in camera, any submitted written statement, and unless the court determines that a written statement in which a physician or advanced practice clinician determined the proposed ward is no longer incapacitated has been submitted to the court and indicates that the proposed ward’s circumstances have changed from those described in the written statement submitted to the court in which a physician or advanced practice clinician determined the individual is incapacitated, the submitted written statement containing the determination that the individual is incapacitated constitutes a prima facie showing, for purposes of temporary guardianship proceedings, that the proposed ward’s particular situation requires immediate appointment of a temporary guardian of the person or estate, notwithstanding that the document may be uncorroborated hearsay. The submitted written statement is self authenticating and does not require foundational or other testimony for its admissibility. However, the prima facie evidence may be rebutted by presenting information that affirmatively indicates a lack of trustworthiness in the document or information that the proposed ward’s circumstances have changed. The privilege between health care providers and patients does not apply to these written statements.

The bill provides that no patient’s representative may consent to admission for an incapacitated individual in the manner established in the bill after three years following the effective date of the bill.

Finally, the bill provides that an individual who consents to admission of an incapacitated individual as set forth under current law may enroll the incapacitated individual in the Medical Assistance program in addition to the authority provided under current law to make health care decisions to the same extent as a guardian of the person and authorize expenditures related to health care to the same extent as a guardian of the estate.

Who's behind it

5 senators are its ⁠. All 5 are Republicans.

30 more lawmakers ⁠.

See all 35 names

Authors (5)

Signed on in support (30)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There was one vote on this bill.

Senate Committee on Health vote to recommend it

Passed, 4 to 1 · Nov 11, 2025

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage recommended by Committee on Health, Ayes 4, Noes 1”. Official record · This vote on its own page

What happened

  1. Mar 23, 2026

    The session ended, and the bill died with it.

  2. Mar 6, 2026 to Mar 19, 2026

    4 more representatives and 1 senator signed on in support.

  3. Dec 4, 2025

    A state agency sent in its estimate of the cost.

  4. Nov 12, 2025

    1 more representative signed on in support.

  5. Nov 11, 2025

    The committee voted to recommend passing it, 4 to 1.

  6. Nov 5, 2025

    The committee held a public hearing.

  7. Oct 24, 2025

    Sent to the Senate Committee on Health.

  8. Oct 24, 2025

    Introduced in the Senate.

See the official record, word for word
  1. Oct 24, 2025 · Senate

    Introduced by Senators Wimberger, Cabral-Guevara, Feyen, James and Quinn; cosponsored by Representatives Snyder, Subeck, Dittrich, Donovan, Doyle, Goodwin, Gundrum, Hurd, Johnson, Knodl, Kreibich, Kurtz, McCarville, Melotik, Mursau, Novak, O'Connor, Palmeri, Penterman, Piwowarczyk, Prado, Rivera-Wagner, Rodriguez, Roe, Sheehan, Sinicki, Stroud, Stubbs, Swearingen and Wittke

  2. Oct 24, 2025 · Senate

    Read first time and referred to Committee on Health

  3. Nov 5, 2025 · Senate

    Public hearing held

  4. Nov 11, 2025 · Senate

    Executive action taken

  5. Nov 11, 2025 · Senate

    Report passage recommended by Committee on Health, Ayes 4, Noes 1

  6. Nov 11, 2025 · Senate

    Available for scheduling

  7. Nov 12, 2025 · Senate

    Representative Moses added as a cosponsor

  8. Dec 4, 2025 · Senate

    Fiscal estimate received

  9. Dec 17, 2025 · Senate

    Representative Palmeri withdrawn as a cosponsor

  10. Jan 6, 2026 · Senate

    Representative Roe withdrawn as a cosponsor

  11. Jan 13, 2026 · Senate

    Representative Prado withdrawn as a cosponsor

  12. Jan 14, 2026 · Senate

    Representative Johnson withdrawn as a cosponsor

  13. Jan 14, 2026 · Senate

    Senate Amendment 1 offered by Senator Wimberger

  14. Jan 20, 2026 · Senate

    Senate Amendment 2 offered by Senator Wimberger

  15. Jan 21, 2026 · Senate

    Representative Stroud withdrawn as a cosponsor

  16. Feb 17, 2026 · Senate

    Representative Sheehan withdrawn as a cosponsor

  17. Mar 6, 2026 · Senate

    Representative Brown added as a cosponsor

  18. Mar 16, 2026 · Senate

    Representative Kitchens added as a cosponsor

  19. Mar 19, 2026 · Senate

    Senator Smith added as a coauthor

  20. Mar 19, 2026 · Senate

    Representative Emerson added as a cosponsor

  21. Mar 19, 2026 · Senate

    Representative J. Jacobson added as a cosponsor

  22. Mar 23, 2026 · Senate

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote