03/11/2026
State Senate deciding fate of bill that would let hospitals pick decision makers.
The State Senate is deciding today whether to vote to pass AB 598 next week. If the bill is not scheduled for a vote, the bill cannot become law. If you have concerns about this bill, contact your State Senator as soon as possible so they know what you think.
AB 598 passed the State Assembly after being amended four times, including two sub-amendments that were introduced the same day the bill was scheduled for a vote.
The four amendments do not address the core issues that patient advocates https://gwaar.org/advocacy-and-grassroots-resources1 feel put patients at risk of exploitation and abuse or resolve any of the practical issues that the bill creates. The sub-amendments that were made to the bill raise additional questions. Patient advocates do not believe this legislation will resolve the issue it seeks to address.
Summary of concerns about the bill:
• Wisconsin has deliberately designed its statutes and regulations to safeguard the rights of individuals; this bill bypasses those protections.
• The Patient’s Representative gets broad authority over the person and their money, where they live, and their medical care, without court oversight.
• The Patient Representative's authority continues indefinitely.
• The bill does not say the patient has to be re-evaluated to see if they can make their own medical decisions.
• It is unclear how the financial powers granted to the Patient Representative interact when there are other people with the same decision making authority or are equal owners of money/assets.
• Courts do not have adequate oversight authority to prevent or respond to abuse, and cannot remove Patient Representatives.
• If a Patient Representative no longer wants the role or becomes unable to do it (becomes incapacitated, dies, etc.) the bill does not say what happens.
• While the bill expires in three years, there not enough data being collected to evaluate the impact of the law on patients and families.
• AB 598 is broader, and grants much more expansive powers than any other state’s Next of Kin laws.
Action steps you can take:
• Contact your State Senator https://legis.wisconsin.gov/ and tell them your concerns about this bill.
Tami Jackson
Wisconsin Board for People with Developmental Disabilities
Public Policy Analyst and Legislative Liaison
(608) 228-7285
tamara.jackson@wisconsin.gov
Advocacy Contact: Janet Zander, Advocacy & Public Policy CoordinatorCell (608) 228-7253 You can work with us to identify and speak out on...