LeadingAge Wisconsin Delivers Written Testimony on Guardianship Bill

On Wednesday, November 12, LeadingAge Wisconsin submitted written testimony to the Assembly Committee on Health as part of the public hearing on Assembly Bill 598, relating to the admission of incapacitated individuals from a hospital to a nursing home or community-based residential facility without a petition for guardianship or protective placement. The bill would allow patients' representatives, often next-of-kin or an adult close friend, to bypass the guardianship process and consent to a long-term care admission, make health care decisions, enroll the incapacitated individual in the Medical Assistance program, and authorize expenditures related to health care without the time limitations that apply under current law.

The comments reflect the deliberations of the LeadingAge Public Policy Committee and raise a number of points aimed at clarifying the roles and responsibilities of long-term care providers in such cases. As a lobbying interest, LeadingAge Wisconsin is not currently registered for or against the bill and provided the testimony for informational purposes. The bill is supported by a number of insurance and hospital systems, the Wisconsin Hospital Association, and the Wisconsin Health Care Association. It is opposed by a number of consumer rights organizations, including the ACLU of Wisconsin, Disability Rights Wisconsin, and the Alzheimer's Association, as well as the State Bar of Wisconsin, and the Wisconsin Counties Association.

Read the full testimony here.