Wisconsin Surrogate Decision Maker Lookup
Who can make medical and money decisions for an adult in Wisconsin who cannot decide: an agent, a guardian, or Wisconsin's default surrogate order. Runs in your browser; nothing is stored.
Wisconsin law checked against official sources on October 26, 2026.
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Who has authority in Wisconsin
- We found no general default surrogate statute in this state. Hospitals often still involve close family, but for decisions that need legal authority someone may need a guardianship.
- If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.
Wisconsin's only family lists cover consent to admission directly from a hospital to a nursing facility (50.06), with temporary decision authority, and consent to hospice care (50.94). No statute gives relatives general authority for hospital or outpatient decisions.
Narrower laws in this state
- Wis. Stat. 50.06: For admission of an incapacitated person directly from a hospital to a facility only: spouse or domestic partner, adult child, parent, adult sibling, grandparent, adult grandchild, adult close friend, in that order. Consent fails if anyone of the same or higher priority disagrees. Two physicians (or a physician and an advanced practice clinician) must find incapacity, and the representative may then make health care decisions like a guardian of the person for a limited time.
- Wis. Stat. 50.94: A listed relative or close friend may consent to hospice care for an incapacitated person with no living will or health care power of attorney, and may make health care decisions only about hospice care.
Less certain: Our search found no general Wisconsin statute ranking family decision makers, but several related chapters were not read.
Who decides in Wisconsin without a power of attorney?
We found no general default surrogate statute in Wisconsin. Wisconsin's only family lists cover consent to admission directly from a hospital to a nursing facility (50.06), with temporary decision authority, and consent to hospice care (50.94). No statute gives relatives general authority for hospital or outpatient decisions.
Wisconsin's default surrogate law in full
Wisconsin's only family lists cover consent to admission directly from a hospital to a nursing facility (50.06), with temporary decision authority, and consent to hospice care (50.94). No statute gives relatives general authority for hospital or outpatient decisions.
Narrower laws in this state
- Wis. Stat. 50.06: For admission of an incapacitated person directly from a hospital to a facility only: spouse or domestic partner, adult child, parent, adult sibling, grandparent, adult grandchild, adult close friend, in that order. Consent fails if anyone of the same or higher priority disagrees. Two physicians (or a physician and an advanced practice clinician) must find incapacity, and the representative may then make health care decisions like a guardian of the person for a limited time.
- Wis. Stat. 50.94: A listed relative or close friend may consent to hospice care for an incapacitated person with no living will or health care power of attorney, and may make health care decisions only about hospice care.
Less certain: Our search found no general Wisconsin statute ranking family decision makers, but several related chapters were not read.
How authority works when someone cannot decide
An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.
The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.
For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.
There is no "next of kin" list for money
Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.
Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.
What this tool does not do
- It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
- It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
- Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
- It is general legal information, not legal advice for your situation.
Frequently Asked Questions
Who makes medical decisions in Wisconsin if there is no power of attorney?
We found no general default surrogate statute in Wisconsin. Wisconsin's only family lists cover consent to admission directly from a hospital to a nursing facility (50.06), with temporary decision authority, and consent to hospice care (50.94). No statute gives relatives general authority for hospital or outpatient decisions. Ask the hospital which law it applies; for decisions that need legal authority, a guardianship may be needed.
Does next of kin in Wisconsin have authority over money?
No default surrogate law covers money. In Wisconsin, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.
Sources
Wisconsin law checked against official sources on October 26, 2026.
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