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Director warns proposed 'next of kin' bill would let hospitals pick decision-makers without oversight
Summary
At the Portage County senior center advisory meeting, the director urged opposition to a state 'next of kin' (patient representative) bill, saying it would grant hospitals the power to name financial and health-care decision-makers without background checks or clear paths for recovering patients to reclaim authority.
The director raised an alarm about a state bill commonly called “next of kin” or “patient representative,” saying hospitals could be given authority to designate a patient’s financial and health-care decision-maker without outside oversight.
The director said the legislation "added duties for adult protective services, ADRC's, court counsels" while offering "absolutely no oversight for the first person that the hospital decides should be both your financial and health care decision makers." She told the committee the bill, as written, does not require background checks for the person the hospital chooses.
Why it matters: committee members were warned the change could leave incapacitated people without a clear, legal path to reclaim decision-making authority if they recover; existing tools such as powers of attorney and guardianship include mechanisms for restoring control, the director said.
The director also said several state associations objected to the bill. "Wisconsin Hospitals Association has misrepresented the support for the bill," she said, and noted that the Wisconsin Counties Association and several advocacy groups came out opposed. She added that organizations with more resources have carried the legislative message to the Capitol and that advocates on the committee plan to continue pressing concerns when the bill returns.
During the discussion, members emphasized collaborative alternatives. One member said a reasonable approach would involve clinicians, social workers and family in discharge planning rather than granting unilateral decision authority to hospital staff. The director said she has urged hospital representatives to push patients toward completing power-of-attorney forms for health care and finance because those tools allow a person to regain control after recovery.
No formal action on state legislation was recorded at the meeting; the director said advocacy will continue and committee members were asked to follow upcoming developments.
The advisory committee moved on to other agenda items after the discussion.
