Wisconsin Statutes 154.13 – Filing declaration
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 154.13
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Probate: Proving a will
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(1) A declarant or an individual authorized by the declarant may, for a fee, file the declarant’s declaration, for safekeeping, with the register in probate of the county in which the declarant resides.
(2) If a declarant or authorized individual has filed the declarant’s declaration as specified in sub. (1), the following persons may have access to the declaration without first obtaining consent from the declarant:
(a) The individual authorized by the declarant.
(b) A health care provider who is providing care to the declarant.
(c) The court and all parties involved in proceedings in this state for adjudication of incompetency and appointment of a guardian for the declarant, for emergency detention under s. 51.15, for involuntary commitment under s. 51.20, or for protective placement or protective services under ch. 55.
(d) Any person under the order of a court for good cause shown.
(3) Failure to file a declaration under sub. (1) creates no presumption about the intent of an individual with regard to his or her health care decisions.