(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.
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