Supported Decision-Making Agreement in Wisconsin: Chapter 52 Explained

Wisconsin was one of the first states to put supported decision-making into statute. Under 2017 Act 345 (codified in Chapter 52), adults with functional impairments can formally name trusted people — called "supporters" — to help them make decisions without giving up any legal rights. It's the least restrictive option on the spectrum, and for many families navigating the turning-18 transition, it's the first tool to consider.

What a Supporter Can and Can't Do

The distinction matters. Under § 52.10, a supporter is authorized to:

• Help the adult gather and understand information relevant to a decision
• Attend meetings (medical appointments, IEP meetings, bank visits) alongside the adult
• Help the adult analyze options and weigh consequences
• Assist in communicating the adult's decisions to third parties

What a supporter cannot do: make decisions on behalf of the adult, sign legal documents for them, or bind them to contracts. The adult remains the ultimate decision-maker in every situation. The supporter's role is assistance, not substitution.

This is the fundamental difference between an SDM agreement and a power of attorney. A POA transfers decision-making authority to an agent. An SDM agreement keeps all authority with the individual and adds a helper.

Who Qualifies

The law uses a broad eligibility standard. Under § 52.01(2), a "functional impairment" includes any physical, developmental, or mental condition that substantially limits one or more major life activities — self-care, communication, learning, mobility, or similar functions.

There's no requirement for medical certification of the impairment. The individual doesn't need a specific diagnosis or a doctor's sign-off to enter into an SDM agreement. They do need to understand what the agreement means and voluntarily agree to it.

The Form: DHS F-02377

The Wisconsin Department of Health Services provides the official template — Form F-02377. You can download it from dhs.wisconsin.gov. The form lets the adult specify:

• Who their supporters are (you can name more than one)
• Which life areas the supporters help with (healthcare, finances, education, daily living)
• Any limitations on the supporter's role

The agreement must be:

• Voluntary and written
• Signed by the adult and the supporter(s)
• Witnessed by either a notary public or two adult witnesses who are not the designated supporters

The agreement can be modified or revoked by the adult at any time. It's also automatically terminated if a county protective services agency substantiates abuse or neglect by the supporter, or if a restraining order is issued against them.

The Institutional Acceptance Problem

Here's the practical challenge: the SDM agreement is legally recognized in Wisconsin, but not every front-desk employee at a hospital, bank, or school knows that. Families sometimes encounter staff who refuse to recognize the supporter's role because they're unfamiliar with Chapter 52.

Wisconsin built a solution into the statute. Section 52.30 provides liability protection for third parties who rely on an SDM agreement in good faith — meaning the institution can't be sued for working with the supporter. This provision exists specifically to encourage institutional cooperation.

To minimize pushback, families should:

1. Carry a copy of the completed DHS Form F-02377, properly notarized or witnessed as required by Chapter 52
2. Bring a printout of Chapter 52 for reference
3. Pair the SDM agreement with institution-specific releases — a FERPA consent for schools, a HIPAA authorization for medical providers, a bank's own financial release form

The third point is especially important. Even if an institution hesitates on the SDM agreement itself, they'll almost always process their own standard release form. Having both documents on hand gives you a backup path to the same outcome.

SDM as Part of a Broader Plan

An SDM agreement works best as one piece of a multi-layered support system:

• SDM agreement (Chapter 52): Handles routine decision support across all life areas
• Health Care POA (Chapter 155): Provides a safety net for medical emergencies where the adult cannot direct their own care
• Financial POA (Chapter 244): Covers situations where financial transactions require a signature the adult can't provide
• FERPA consent: Maintains parental access to educational records after the transfer of rights at 18

This combination — sometimes called a "support mosaic" — often provides enough protection that families don't need to pursue guardianship at all. The key is that the adult must have the cognitive capacity to understand and execute each document.

If your family is working through the turning-18 transition, the Wisconsin Adult Guardianship & Alternatives Guide covers how to evaluate your child's capacity for each tool, walks through the execution requirements for every form, and provides a decision framework for determining whether the combination is sufficient or whether a guardianship petition is necessary.

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