1. United States
2. Wisc.
3. Letter

I am writing to express serious concerns about AB 598, which passed the State Assembly last Friday after being amended four times, including two sub-amendments introduced the same day the bill was scheduled for a vote. Despite these changes, the amendments do not address the core issues that patient advocates believe place patients at risk of exploitation and abuse. The recent sub-amendments also raise additional unanswered questions. Many advocates do not believe this legislation will resolve the issue it seeks to address. Wisconsin has deliberately designed its statutes and regulations to safeguard individual rights. AB 598 bypasses those protections by granting a Patient Representative broad authority over a person’s finances, living arrangements, and medical care without court oversight. The authority appears to continue indefinitely, and the bill does not require periodic re-evaluation to determine whether a patient can resume making their own medical decisions. The bill also creates significant practical concerns. It is unclear how the financial powers granted to a Patient Representative would interact with others who share equal decision-making authority or joint ownership of assets. Courts are not given adequate oversight authority to prevent or respond to abuse, nor can they remove a Patient Representative. Additionally, if a Patient Representative becomes incapacitated, dies, or no longer wishes to serve, the bill does not clearly outline what happens next. Although AB 598 includes a three-year sunset provision, the bill does not require sufficient data collection to meaningfully evaluate its impact on patients and families. AB 598 is broader and grants more expansive powers than any other state’s Next of Kin laws. Given these concerns, I urge careful consideration before advancing this legislation. I respectfully ask that you oppose AB 598 unless and until these serious protections and oversight issues are meaningfully addressed.