Chapter 52

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.

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(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 History History: 2017 a. 345; 2021 a. 238 ss. 44, 45.

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 History History: 2017 a. 345; 2021 a. 238 s. 44.

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 History History: 2017 a. 345; 2021 a. 238 s. 44.

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 History History: 2017 a. 345; 2021 a. 238 s. 44.

52.14 52.14 Term of agreement; revocation.

52.14(1) (1) Except as otherwise provided in this section, a supported decision-making agreement extends until terminated by either party or by the terms of the agreement.

52.14(2) (2) A supported decision-making agreement is terminated if any of the following is true:

52.14(2)(a) (a) County adult protective services substantiated an allegation of neglect or abuse by the supporter.

52.14(2)(b) (b) The supporter is found criminally liable for conduct described under par. (a).

52.14(2)(c) (c) There is a restraining order against the supporter as described under s. 813.123.

52.14(3) (3) An adult with a functional impairment may revoke his or her supported decision-making agreement and invalidate the supported decision-making agreement at any time by doing any of the following:

52.14(3)(a) (a) Canceling, defacing, obliterating, burning, tearing, or otherwise destroying the supported decision-making agreement or directing another in the presence of the adult with a functional impairment to so destroy the supported decision-making agreement.

52.14(3)(b) (b) Executing a statement, in writing, that is signed and dated by the adult with a functional impairment, expressing his or her intent to revoke the supported decision-making agreement.

52.14(3)(c) (c) Verbally expressing the intent of the adult with a functional impairment to revoke the supported decision-making agreement, in the presence of 2 witnesses.

52.14(4) (4) Unless the supported decision-making agreement provides a different method for the supporter’s resignation, a supporter may resign by giving notice to the adult with a functional impairment.

52.14 History History: 2017 a. 345; 2021 a. 238 ss. 44, 45.

52.16 52.16 Access to personal information.

52.16(1) (1) A supporter is only authorized to assist the adult with a functional impairment in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement.

52.16(2) (2) A supporter may assist with accessing or obtaining any information that will help the adult with a functional impairment make health care decisions, including medical, psychological, financial, education, or treatment records or research under ss. 51.30 and 146.83 and the federal Health Insurance Portability and Accountability Act of 1996, 45 CFR 164.502. A supporter may only access or obtain patient health care records, as defined under s. 146.81 (4), if the adult with a functional impairment has signed a release allowing the supporter to see protected health information, as defined under s. 146.816 (1) (f).

52.16(3) (3) A supporter may assist with accessing or obtaining any information on education records under the federal Family Educational Rights and Privacy Act of 1974, 20 USC 1232g, if the adult with a functional impairment has signed a release allowing the supporter to access information under this subsection.

52.16(4) (4) The supporter shall ensure the information under this section is kept privileged and confidential, as applicable, and is not subject to unauthorized access, use, or disclosure.

52.16(5) (5) Notwithstanding the existence of a supported decision-making agreement, an adult with a functional impairment continues to have unrestricted access to personal information without the assistance of a supporter.

52.16(6) (6) Notwithstanding the existence of a supported decision-making agreement, an adult with a functional impairment is able to request and receive assistance on any decision that is not covered under the supported decision-making agreement at any time.

52.16 History History: 2017 a. 345; 2021 a. 238 s. 44.

52.18 52.18 Authorization and witnesses.

52.18(1) (1) An adult with a functional impairment and his or her supporter entering into a supported decision-making agreement must sign and date the agreement in the presence of 2 or more subscribing witnesses or a notary public.

52.18(2) (2) If the adult with a functional impairment and his or her supporter choose to sign and date the supported decision-making agreement before witnesses, the attesting witnesses must be at least 18 years of age.

52.18 History History: 2017 a. 345; 2021 a. 238 s. 44.

52.20 52.20 Supported decision-making agreement instrument; form.

52.20(1) (1) A supported decision-making agreement is valid if it is in writing, entered into voluntarily as described under s. 52.10, signed and dated as described under s. 52.18, and in substantially the following form:

SUPPORTED DECISION-MAKING AGREEMENT
APPOINTMENT OF SUPPORTER

I, .... (insert name), make this agreement voluntarily and of my own free will.

I agree and designate that

Name of supporter ....

Address of supporter ....

E-mail address of supporter ....