reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 154 - Advance directives. › 154.25 - General provisions.

154.25
General provisions.
(1)
Suicide. Under this subchapter, the withholding or withdrawing of resuscitation from a patient wearing a valid do-not-resuscitate bracelet does not, for any purpose, constitute suicide. Requesting a do-not-resuscitate order under this subchapter does not, for any purpose, constitute attempted suicide.
(2)
Life insurance. Requesting a do-not-resuscitate order under s. 154.19 may not be used to impair in any manner the procurement of any policy of life insurance, and may not be used to modify the terms of an existing policy of life insurance. No policy of life insurance may be impaired in any manner by the withholding or withdrawal of resuscitation from a qualified patient.
(3)
Health insurance. No person may be required to request a do-not-resuscitate order as a condition prior to being admitted to a health care facility or being insured for, or receiving, health care services.
(4)
Other rights. This subchapter does not impair or supersede any of the following:
(a)
A person's right to withhold or withdraw resuscitation.
(b)
The right of any person who does not have a do-not-resuscitate order in effect to receive resuscitation.
(5)
Intent. Failure to request a do-not-resuscitate order creates no presumption that the person consents to the use or withholding of resuscitation in the event that the person suffers from a condition that renders the person a qualified patient.
(6)
Valid do-not-resuscitate bracelet. A do-not-resuscitate bracelet that has not been removed, altered, or tampered with in any way shall be presumed valid, unless the patient, the patient's guardian, or the patient's health care agent expresses to the emergency medical services practitioner, emergency medical responder, or emergency health care facility personnel the patient's desire to be resuscitated.
(6m)
Desire of the patient. The desire of a patient to be resuscitated supersedes the effect of that patient's do-not-resuscitate order at all times.
(7)
Construction. Nothing in this subchapter condones, authorizes or permits any affirmative or deliberate act to end life other than to permit the natural process of dying.
History:  1995 a. 200; 1997 a. 27; 2017 a. 12.
2023 Wisconsin Statutes & Annotations › Chapter 154 - Advance directives. › 154.27 - Specifications and distribution of do-not-resuscitate bracelet.

154.27
Specifications and distribution of do-not-resuscitate bracelet.
(1)
The department shall establish by rule a uniform standard for the size, color, and design of all do-not-resuscitate bracelets. Except as provided in sub. (2), the rules shall require that the do-not-resuscitate bracelets include the inscription “Do Not Resuscitate"; the name, address, date of birth and gender of the patient; and the name, business telephone number and signature of the attending health care professional issuing the order.
(2)
The department may approve a do-not-resuscitate bracelet developed and distributed by a commercial vendor if the bracelet contains an emblem that displays an internationally recognized medical symbol on the front and the words “Wisconsin Do-Not-Resuscitate-EMS" and the qualified patient's first and last name on the back. The department may not approve a do-not-resuscitate bracelet developed and distributed by a commercial vendor if the vendor does not require a doctor's order for the bracelet prior to distributing it to a patient.
History:  1995 a. 200; 1999 a. 9; 2019 a. 90.
2023 Wisconsin Statutes & Annotations › Chapter 154 - Advance directives. › 154.29 - Penalties.

154.29
Penalties.
(1)
Any person who willfully conceals, defaces or damages the do-not-resuscitate bracelet of another person without that person's consent may be fined not more than $500 or imprisoned for not more than 30 days or both.
(2)
Any person who, with the intent to cause the withholding or withdrawal of resuscitation contrary to the wishes of any patient, falsifies, forges or transfers a do-not-resuscitate bracelet to that patient or conceals the revocation under s. 154.21 of a do-not-resuscitate order or any responsible person who withholds personal knowledge of a revocation under s. 154.21 is guilty of a Class F felony.
(3)
Any person who directly or indirectly coerces, threatens or intimidates an individual so as to cause the individual to sign or issue a do-not-resuscitate order shall be fined not more than $500 or imprisoned for not more than 30 days or both.
History:  1995 a. 200; 1997 a. 283; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 155 - Power of attorney for health care. › 155.05 - Power of attorney for health care.

155.05
Power of attorney for health care.
(1)
An individual who is of sound mind and has attained age 18 may voluntarily execute a power of attorney for health care. An individual for whom an adjudication of incompetence and appointment of a guardian of the person is in effect in this state is presumed not to be of sound mind for purposes of this subsection executing a power of attorney for health care.
(2)
Unless otherwise specified in the power of attorney for health care instrument, an individual's power of attorney for health care takes effect upon a finding of incapacity by 2 physicians, as defined in s. 448.01 (5), or one physician and one licensed advanced practice clinician, who personally examine the principal and sign a statement specifying that the principal has incapacity. Mere old age, eccentricity or physical disability, either singly or together, are insufficient to make a finding of incapacity. Neither of the individuals who make a finding of incapacity may be a relative of the principal or have knowledge that he or she is entitled to or has a claim on any portion of the principal's estate. A copy of the statement, if made, shall be appended to the power of attorney for health care instrument.
(3)
No health care provider for an individual, employee of that health care provider or employee of a health care facility in which an individual is a patient or resides, or a spouse of any of those providers or employees, may be designated by the individual as a health care agent unless the health care provider, employee or spouse of the provider or employee is a relative of the individual.
(4)
The desires of a principal who does not have incapacity supersede the effect of his or her power of attorney for health care at all times.
(5)
A principal may designate an alternate individual to serve as his or her health care agent in the event that the health care agent first designated is unable or unwilling to do so.
History:  1989 a. 200; 2005 a. 387; 2019 a. 90.
Wisconsin's Power of Attorney for Health Care. Sweet. Wis. Law. Sept. 1990.
Planning Ahead for Incapacity. Shapiro. Wis. Law. Aug. 1991.
2023 Wisconsin Statutes & Annotations › Chapter 155 - Power of attorney for health care. › 155.10 - Power of attorney for health care instrument; execution; witnesses.

155.10
Power of attorney for health care instrument; execution; witnesses.
(1)
A valid power of attorney for health care instrument shall be all of the following:
(a)
In writing.
(b)
Dated and signed by the principal or by an individual who has attained age 18, at the express direction and in the presence of the principal.
(c)
Signed in the presence of 2 witnesses who meet the requirements of sub. (2).
(d)
Voluntarily executed.
(2)
A witness to the execution of a valid power of attorney for health care instrument shall be an individual who has attained age 18. No witness to the execution of the power of attorney for health care instrument may, at the time of the execution, be any of the following:
(a)
Related to the principal by blood, marriage, or adoption, or the domestic partner under ch. 770 of the individual.
(b)
Have knowledge that he or she is entitled to or has a claim on any portion of the principal's estate.
(c)
Directly financially responsible for the principal's health care.
(d)
An individual who is a health care provider who is serving the principal at the time of execution, an employee, other than a chaplain or a social worker, of the health care provider or an employee, other than a chaplain or a social worker, of an inpatient health care facility in which the principal is a patient.
(e)
The principal's health care agent.
History:  1989 a. 200; 1991 a. 281; 2009 a. 28.
Wisconsin statutes provide three instruments through which an individual may state healthcare wishes in the event of incapacitation: a declaration to physicians, a do-not-resuscitate order, and a health care power of attorney. These statutory instruments apply under specific circumstances, have their own signature requirements, and may be limited in the extent of authorization they afford. A form will trigger no statutory immunities for healthcare providers when it lacks the features of these statutory documents. A court might conclude, however, that such a form is relevant in discerning a person's intent. OAG 10-14.
2023 Wisconsin Statutes & Annotations › Chapter 155 - Power of attorney for health care. › 155.40 - Revocation of power of attorney for health care.

155.40
Revocation of power of attorney for health care.
(1)
A principal may revoke his or her power of attorney for health care and invalidate the power of attorney for health care instrument at any time by doing any of the following:
(a)
Canceling, defacing, obliterating, burning, tearing or otherwise destroying the power of attorney for health care instrument or directing another in the presence of the principal to so destroy the power of attorney for health care instrument.
(b)
Executing a statement, in writing, that is signed and dated by the principal, expressing the principal's intent to revoke the power of attorney for health care.
(c)
Verbally expressing the principal's intent to revoke the power of attorney for health care, in the presence of 2 witnesses.
(d)
Executing a subsequent power of attorney for health care instrument.
(2)
If the health care agent is the principal's spouse or domestic partner under ch. 770 and, subsequent to the execution of a power of attorney for health care instrument, the marriage is annulled or divorce from the spouse is obtained or the domestic partnership under ch. 770 is terminated, the power of attorney for health care is revoked and the power of attorney for health care instrument is invalid.
(2m)
If a principal, after executing a power of attorney for health care, is adjudicated incompetent in this state, the power of attorney for health care remains in effect, except that a court may under s. 54.46 (2) (b), for good cause shown, revoke the power of attorney for health care and invalidate the power of attorney for health care instrument, or limit the authority of the agent under the terms of the power of attorney for health care instrument.
(3)
If an individual knows that the power of attorney for health care that named him or her as health care agent has been revoked, he or she shall communicate this fact to any health care provider for the principal that he or she knows has a copy of the power of attorney for health care instrument.
(4)
The principal's health care provider shall, upon notification of revocation of the principal's power of attorney for health care instrument, record in the principal's medical record the time, date and place of the revocation and the time, date and place, if different, of the notification to the health care provider of the revocation.
History:  1989 a. 200; 2005 a. 387; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 155 - Power of attorney for health care. › 155.50 - Duties and immunities.

155.50
Duties and immunities.
(1)
No health care facility or health care provider may be charged with a crime, held civilly liable or charged with unprofessional conduct for any of the following:
(a)
Certifying incapacity under s. 155.05 (2), if the certification is made in good faith based on a thorough examination of the principal.
(b)
Failing to comply with a power of attorney for health care instrument or the decision of a health care agent, except that failure of a health care professional, as defined in s. 154.01 (3), to comply constitutes unprofessional conduct if the health care professional refuses or fails to make a good faith attempt to transfer the principal to another health care professional who will comply.
(c)
Complying, in the absence of actual knowledge of a revocation, with the terms of a power of attorney for health care instrument that is in compliance with this chapter or the decision of a health care agent that is made under a power of attorney for health care that is in compliance with this chapter.
(d)
Acting contrary to or failing to act on a revocation of a power of attorney for health care, unless the health care facility or health care provider has actual knowledge of the revocation.
(e)
Failing to obtain the health care decision for a principal from the principal's health care agent, if the health care facility or health care provider has made a reasonable attempt to contact the health care agent and obtain the decision but has been unable to do so.
(2)
In the absence of actual notice to the contrary, a health care facility or health care provider may presume that a principal was authorized to execute the principal's power of attorney for health care under the requirements of this chapter and that the power of attorney for health care instrument is valid.
(3)
No health care agent may be charged with a crime or held civilly liable for making a decision in good faith under a power of attorney for health care instrument that is in compliance with this chapter. No health care agent who is not the spouse of the principal may be held personally liable for any goods or services purchased or contracted for under a power of attorney for health care instrument.
(4)
Subsections (1), (2), and (3) apply to acts or omissions in connection with a provision of a power of attorney for health care that is executed in another jurisdiction if the provision is valid and enforceable under s. 155.70 (10).
History:  1989 a. 200; 2003 a. 290; 2019 a. 90.
2023 Wisconsin Statutes & Annotations › Chapter 155 - Power of attorney for health care. › 155.60 - Safeguards.

155.60
Safeguards.
(1)
Nothing in this chapter prohibits an individual from petitioning a court in this state for a determination of incompetency and for appointment of a guardian for an individual who is a principal under this chapter.
(2)
If an individual who is a principal is adjudicated incompetent in this state and a guardian is appointed for him or her, the power of attorney for health care executed under this chapter by the principal remains in effect, except that the court may under s. 54.46 (2) (b), for good cause shown, revoke the power of attorney for health care and invalidate the power of attorney for health care instrument, or limit the authority of the agent under the terms of the power of the power of attorney for health care instrument. Unless the court makes this revocation or limitation, the guardian for the individual may not make health care decisions for the ward that may be made by the health care agent, unless the guardian is the health care agent.
(3)
Upon receipt of a power of attorney for health care instrument or a statement of incapacity under s. 155.05 (2), a health care facility or health care provider shall acknowledge this receipt in writing and, if the principal is a patient of the health care provider, the health care provider shall include the instrument or the statement in the medical record of the principal.
(4)
(a)
Any interested party may petition the court assigned to exercise probate jurisdiction for the county where a principal is present or the county of the principal's legal residence to review whether the health care agent is performing his or her duties in accordance with the terms of the power of attorney for health care instrument executed by the principal. If the court finds after a hearing that the health care agent has not been performing in accordance with the terms of the instrument, the court may do any of the following:
1.
Direct the health care agent to act in accordance with the terms of the principal's power of attorney for health care instrument.
2.
Require the health care agent to report to the court concerning performance of the health care agent's duties at periods of time established by the court.
3.
Rescind all powers of the health care agent to act under the power of attorney for health care and the power of attorney for health care instrument.
(b)
If the principal has designated an alternate health care agent and if the powers of the first-designated health care agent are rescinded under par. (a) 3., the alternate health care agent is the health care agent and par. (a), except par. (a) 3., applies.
History:  1989 a. 200; 2005 a. 387.
2023 Wisconsin Statutes & Annotations › Chapter 155 - Power of attorney for health care. › 155.65 - Filing power of attorney instrument.

155.65
Filing power of attorney instrument.
(1)
A principal or a principal's health care agent may, for a fee, file the principal's power of attorney for health care instrument, for safekeeping, with the register in probate of the county in which the principal resides.
(2)
If a principal or health care agent has filed the principal's power of attorney for health care instrument as specified in sub. (1), the following persons may have access to the instrument without first obtaining consent from the principal:
(a)
The health care agent for the principal.
(b)
A health care provider who is providing care to the principal.
(c)
The court and all parties involved in proceedings in this state for adjudication of incompetency and appointment of a guardian for the principal, 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 power of attorney for health care instrument under sub. (1) creates no presumption about the intent of an individual with regard to his or her health care decisions.
History:  1991 a. 281; 2005 a. 387.
2023 Wisconsin Statutes & Annotations › Chapter 155 - Power of attorney for health care. › 155.80 - Penalties.

155.80
Penalties.
(1)
Whoever directly or indirectly coerces, threatens or intimidates an individual so as to cause the individual to execute a power of attorney for health care instrument shall be fined not more than $500 or imprisoned for not more than 30 days or both.
(2)
Whoever intentionally conceals, cancels, defaces, obliterates, damages or destroys a power of attorney for health care instrument without the consent of the principal for that instrument may be fined not more than $500 or imprisoned for not more than 30 days or both.
(3)
Whoever knowingly conceals, falsifies or forges a power of attorney for health care instrument with intent to create the false impression that a person other than the health care agent has been so designated shall be fined not more than $1,000 or imprisoned for not more than 9 months or both.
(4)
Whoever intentionally withholds actual knowledge of the revocation of a power of attorney for health care or of the falsification or forgery of a power of attorney for health care instrument shall be fined not more than $1,000 or imprisoned for not more than 9 months or both.
(5)
Whoever acts or attempts to act as a health care agent based on a power of attorney for health care that the individual knows has been executed without the voluntary consent of the principal, that the individual knows has been forged or substantially altered without the authorization of the principal, or that the individual knows has been revoked, shall be fined not more than $1,000 or imprisoned for not more than 9 months or both.
History:  1989 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 157 - Disposition of human remains. › 157.01 - Rules for preparation, transportation and disposition.

157.01
Rules for preparation, transportation and disposition.
The department of health services shall make, and delegate to the funeral directors examining board the enforcement of, rules not inconsistent with ch. 445 covering the control of communicable diseases and sanitary and health regulations in the preparation, transportation and disposition of dead human bodies.
History:  1975 c. 39; 1979 c. 175 s. 53; 1979 c. 221 ss. 658, 2202 (45); 1983 a. 485; 1985 a. 315; 1985 a. 316 s. 14; Stats. 1985 s. 157.01; 1995 a. 27 s. 9126 (19); 2007 a. 20 s. 9121 (6) (a).
2023 Wisconsin Statutes & Annotations › Chapter 157 - Disposition of human remains. › 157.02 - Disposal of unclaimed corpses.

157.02
Disposal of unclaimed corpses.
(1g)
Definition. In this section, “burial" has the meaning given in s. 157.061 (1).
(1r)
Notice to relatives.
(am)
When an inmate of any state, county or municipal institution dies, the superintendent or other person in charge of the institution shall immediately notify a relative of the decedent. A public officer having the possession or the disposition of a corpse shall immediately notify a relative of the decedent. If no relative is known, or discoverable by use of ordinary diligence, notice may be dispensed with.
(b)
If the deceased had been an inmate of a state correctional institution, the department of corrections shall provide written notification to the relative informing him or her that the department of corrections, upon request, will do any or all of the following:
1.
Provide a copy of any autopsy report or other report or information pertaining to the death.
2.
Allow the relative to claim the cremated remains of the inmate before burial of the remains.
(c)
The department of corrections shall describe how requests under par. (b) may be made and shall promptly comply with any such request.
(2)
Time allowed relative to act. If a relative or friend fails to arrange for taking charge of the corpse within a reasonable time after death, the superintendent or other officer may proceed as provided in this section, but relatives or friends may claim the corpse at any time before it has been delivered pursuant to sub. (3) or, if a request is made under sub. (1r) (b) 2., after it has been cremated but before burial of the cremated remains under sub. (5).
(3)
Notice to university or school. If the corpse is in the Mendota Mental Health Institute district, the University of Wisconsin shall be notified that it may have the corpse. If the corpse is in the Winnebago Mental Health Institute district, the Medical College of Wisconsin, Inc., or any accredited school of mortuary science at Milwaukee shall be notified that it may have the corpse. The university or school so notified shall immediately inform the superintendent or public officer whether it desires to have the corpse. If it does, the corpse shall be delivered accordingly, properly encased, to the most available facility for transportation to the consignee, the consignee to pay the cost of transportation.
(4)
Standing applications. If there are advance applications for such bodies, by the Medical College of Wisconsin, Inc., or any accredited school of mortuary science, the superintendent or public officer shall make an equitable distribution between them.
(5)
Other disposition. If the corpse is not disposed of under subs. (1r) to (4), the superintendent or public officer shall properly bury it, or cremate it, subject to s. 979.10, and bury the cremated remains.
History:  1971 c. 211; 1973 c. 90 s. 560 (3); 1985 a. 316 s. 14; Stats. 1985 s. 157.02; 1987 a. 27; 1989 a. 31; 2001 a. 103; 2017 a. 246; 2021 a. 238 ss. 44, 45.
2023 Wisconsin Statutes & Annotations › Chapter 157 - Disposition of human remains. › 157.03 - Restrictions on use of bodies for anatomical purposes; embalming such bodies; delivery of bodies to relatives.

157.03
Restrictions on use of bodies for anatomical purposes; embalming such bodies; delivery of bodies to relatives.
(1)
The corpse of a person who died with smallpox, diphtheria or scarlet fever, or who in his or her last sickness shall request to be buried or cremated, and of a stranger or traveler who suddenly died, shall not be disposed of under s. 157.02 (3), and no person having charge of a corpse authorized to be so disposed of shall sell or deliver it to be used outside the state.
(2)
Upon receipt of the corpse by a university or school pursuant to s. 157.02 (3) it shall be properly embalmed and retained for 3 months before being used or dismembered and shall be delivered to any relative claiming it upon satisfactory proof of relationship.
History:  1985 a. 316 ss. 14, 25; Stats. 1985 s. 157.03; 1993 a. 482.
2023 Wisconsin Statutes & Annotations › Chapter 157 - Disposition of human remains. › 157.04 - Penalty.

157.04
Penalty.
Any officer or person having a corpse in charge, and refusing to report and deliver it, when required by this subchapter, or violating the provisions forbidding sale or delivery thereof, to be used outside the state, shall be liable to the person, university or medical school aggrieved, in the sum of $50.
History:  1985 a. 316 s. 14; Stats. 1985 s. 157.04.
2023 Wisconsin Statutes & Annotations › Chapter 157 - Disposition of human remains. › 157.05 - Autopsy.

157.05
Autopsy.
Consent for a licensed physician to conduct an autopsy on the body of a deceased person shall be deemed sufficient when given by whichever one of the following assumes custody of the body for purposes of burial: Father, mother, husband, wife, child, guardian, next of kin, domestic partner under ch. 770, or in the absence of any of the foregoing, a friend, or a person charged by law with the responsibility for burial. If 2 or more such persons assume custody of the body, the consent of one of them shall be deemed sufficient.
History:  1979 c. 110; 1985 a. 316 s. 14; Stats. 1985 s. 157.05; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 157 - Disposition of human remains. › 157.067 - Connection with funeral establishment prohibited.

157.067
Connection with funeral establishment prohibited.
(1)
In this section, “funeral establishment" has the meaning given in s. 445.01 (6), except that “funeral establishment" does not include a building or part of a building that is erected under s. 157.11 (1) for holding or conducting funeral services if dead human bodies are not embalmed, cared for, or prepared for burial or transportation, in the building.
(2)
No cemetery authority may permit a funeral establishment to be located in the cemetery. No cemetery authority may have or permit an employee or agent of the cemetery to have any ownership, operation or other financial interest in a funeral establishment. Except as provided in sub. (2m), no cemetery authority or employee or agent of a cemetery may, directly or indirectly, receive or accept any commission, fee, remuneration or benefit of any kind from a funeral establishment or from an owner, employee or agent of a funeral establishment.
(2m)
A cemetery authority may accept a fee or remuneration from a funeral establishment or from an owner, employee or agent of a funeral establishment if all of the following requirements are satisfied:
(a)
The fee or remuneration is a payment to the cemetery authority for a burial in the cemetery authority's cemetery.
(b)
The fee or remuneration payment is made on behalf of the person who is responsible for paying for the funeral establishment's services.
(c)
The funeral establishment will be reimbursed for the fee or remuneration by charging the person who is responsible for paying the funeral expenses an amount that is identical to the amount of the fee or remuneration paid by the funeral establishment to the cemetery authority.
History:  1993 a. 100, 386; 2005 a. 266.
If subsidiary corporations have prohibited financial connections, their corporate structure will not save them from the prohibitions of ss. 157.067 (2) and 445.12 (6). Those statutes are not unconstitutionally vague. Cemetery Services, Inc. v. Department of Regulation and Licensing, 221 Wis. 2d 817, 586 N.W.2d 191 (Ct. App. 1998), 97-2115.
Sub. (2) and s. 445.12 (6), which prohibit the joint ownership or operation of a cemetery and a funeral home, do not violate the equal protection or due process clauses of the Wisconsin and U.S. constitutions. Porter v. State, 2018 WI 79, 382 Wis. 2d 697, 913 N.W.2d 842, 16-1599.
2023 Wisconsin Statutes & Annotations › Chapter 157 - Disposition of human remains. › 157.08 - Conveyances.

157.08
Conveyances.
(1)
After the plat or map is recorded under s. 157.07, the cemetery authority may sell and convey cemetery lots. Conveyances shall be signed by the chief officer of the cemetery authority, and by the secretary or clerk of the cemetery authority, if any. Before delivering the conveyance to the grantee, the cemetery authority shall enter on records kept for that purpose, the date and consideration and the name and residence of the grantee. The conveyances may be recorded with the register of deeds.
(2)
(a)
If a cemetery lot or mausoleum space is sold by a cemetery authority and used or intended to be used for the burial of the human remains of the purchaser or the purchaser's family members, the purchaser's interests in the ownership of, title to or right to use the cemetery lot or mausoleum space are not affected or limited by any claims or liens of other persons against the cemetery authority.
(b)
Before a cemetery authority sells or encumbers any cemetery land, except for a sale described in par. (a), the cemetery authority shall notify the cemetery board in writing of the proposed sale or encumbrance. If within 90 days after the cemetery board is notified of the proposed sale or encumbrance the cemetery board notifies the cemetery authority in writing that the cemetery board objects to the sale or encumbrance the cemetery authority may not sell or encumber the cemetery land unless the cemetery board subsequently notifies the cemetery authority in writing that the objection is withdrawn. The cemetery board may object to a sale or encumbrance only if it determines that the cemetery authority will not be financially solvent or that the rights and interests of owners of cemetery lots and mausoleum spaces will not be adequately protected if the sale or encumbrance occurs. The cemetery board may, before the expiration of the 90-day period, notify the cemetery authority in writing that the cemetery board approves of the sale or encumbrance. Upon receipt of the cemetery board's written approval, the cemetery authority may sell or encumber the cemetery land and is released of any liability under this paragraph. The cemetery board shall make every effort to make determinations under this paragraph in an expeditious manner.
(c)
A preneed sales contract is enforceable against the successor in interest of the cemetery authority that made the sale.
(3)
A cemetery authority may sell its personal property at its discretion.
(5)
Subsections (1) and (2) (b) do not apply to a religious association or a cemetery authority of a cemetery that is affiliated with a religious association, and sub. (2) (b) does not apply to a cemetery authority that is not required to be licensed under s. 440.91 (1) or registered under s. 440.91 (1m).
History:  1977 c. 449 s. 497; 1989 a. 307; 1991 a. 269; 2005 a. 25; 2007 a. 174; 2015 a. 237.
2023 Wisconsin Statutes & Annotations › Chapter 157 - Disposition of human remains. › 157.10 - Alienation, disposition, and use of cemetery lots and mausoleum spaces.

157.10
Alienation, disposition, and use of cemetery lots and mausoleum spaces.
(1)
In this section, “owner" means a person named in the records of the cemetery authority who has an ownership interest in a cemetery lot or mausoleum space and a right to bury human remains in the cemetery lot or mausoleum space.
(2)
(a)
While any person is buried in a cemetery lot or mausoleum space, the cemetery lot or mausoleum space shall be inalienable, without the consent of the cemetery authority, and on the death of the last owner, full ownership of the cemetery lot or mausoleum space shall descend as follows:
1.
To the owner's surviving spouse or domestic partner under ch. 770.
2.
If there is no living member of the class designated in subd. 1., to that owner's children, including by adoption.
3.
If there is no living member of the class designated in subd. 1. or 2., to the owner's grandchildren, including by adoption.
4.
If there is no living member of the class designated in subd. 1., 2., or 3., to the cemetery authority for the cemetery in which the cemetery lot or mausoleum space is located.
(b)
A cemetery lot or mausoleum space is not part of a decedent's net estate for purposes of s. 852.01.
(3)
If ownership of a cemetery lot or mausoleum space descends to the cemetery authority under sub. (2) (a), the cemetery authority shall comply with s. 157.115 (2) (c) to (h) for any grave in the cemetery lot or mausoleum space in which human remains are not buried.
(4)
Any one or more persons under sub. (2) (a) 1. to 3. may, only with the consent of the cemetery authority, convey to any other person under sub. (2) (a) 1. to 3. his or her interest in the cemetery lot or mausoleum space.
(5)
No human remains may be buried in a cemetery lot or mausoleum space except the human remains of an owner of the cemetery lot or mausoleum space, or a relative, or the spouse of an owner, or his or her relative, except by the consent of a majority of the owners of the cemetery lot or mausoleum space.
(6)
The cemetery authority shall be held harmless for any decision made by a majority of the owners of a cemetery lot or mausoleum space.
(7)
A cemetery authority that is a religious association or that is the cemetery authority of a cemetery affiliated with a religious association may adopt a written policy for the disposition of cemetery lots and mausoleum spaces in a cemetery organized and operated by, or affiliated with, the religious association that is different from sub. (2) (a).
History:  1989 a. 307; 2015 a. 237.
2023 Wisconsin Statutes & Annotations › Chapter 157 - Disposition of human remains. › 157.111 - Opening and closing of burial places.

157.111
Opening and closing of burial places.
If a grave, mausoleum space or other place used or intended to be used for the burial of human remains is located in a cemetery owned or operated by a cemetery authority, only the cemetery authority or a person designated by the cemetery authority may open or close the grave, mausoleum space or other place used or intended to be used for the burial of human remains.
History:  1993 a. 386.
2023 Wisconsin Statutes & Annotations › Chapter 157 - Disposition of human remains. › 157.112 - Reburial of human remains by a cemetery authority.

157.112
Reburial of human remains by a cemetery authority.
(1)
In this section, “rebury" means to disentomb, disinurn or disinter human remains that are buried in a cemetery and reentomb, reinurn or reinter the human remains in another grave, mausoleum space or other place used or intended to be used for the burial of human remains that is located in the same cemetery.
(2)
A cemetery authority may rebury human remains that are buried in a cemetery owned or operated by the cemetery authority for the purpose of correcting an error made by the cemetery authority in the burial of those human remains.
(3)
A cemetery authority may rebury human remains under sub. (2) without first obtaining an authorization under s. 69.18 (4), but the cemetery authority shall do all of the following:
(a)
No later than 30 days after reburying human remains under sub. (2), provide written notice of the reburial to the coroner or medical examiner of the county in which the reburial occurs.
(b)
Notify one of the following by registered mail of the reburial:
1.
The decedent's spouse.
2.
If the person specified in subd. 1. is not available, an adult son or daughter of the decedent.
3.
If the persons specified in subds. 1. and 2. are not available, either parent of the decedent.
4.
If the persons specified in subds. 1., 2. and 3. are not available, an adult brother or sister of the decedent.
(3m)
If none of the persons specified in sub. (3) (b) 1. to 4. are available for notification under sub. (3) (b), the cemetery authority shall maintain a record of its attempt to provide notification under sub. (3) (b) as a part of the cemetery authority's permanent records.
(4)
(a)
A cemetery authority is immune from civil liability for an error that is corrected by a reburial of human remains under sub. (2).
(b)
The immunity under par. (a) does not apply if the error was the result of reckless, wanton or intentional misconduct.
History:  1995 a. 357; 2015 a. 237.
2023 Wisconsin Statutes & Annotations › Chapter 157 - Disposition of human remains. › 157.113 - Permission to place cremated human remains in a cemetery.

157.113
Permission to place cremated human remains in a cemetery.
No person may deposit any cremated human remains in a cemetery, including in the casket of another person, without the permission of the cemetery authority.
History:  2015 a. 237 s. 125; 2015 Stats. s. 157.113.
2023 Wisconsin Statutes & Annotations › Chapter 157 - Disposition of human remains. › 157.114 - Duty to provide for burials.

157.114
Duty to provide for burials.
(1)
In this section, “cemetery authority" does not include a municipality that takes control of a cemetery under s. 157.115 (1) (b).
(2)
A cemetery authority shall, insofar as practicable, provide for burials during each season, including winter. Nothing in this subsection may be construed to prohibit a cemetery authority from charging a reasonable fee to recover the costs related to providing for a burial during difficult weather conditions.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 157 - Disposition of human remains. › 157.123 - Columbaria maintained by religious associations.

157.123
Columbaria maintained by religious associations.
(1)
Definition. In this section, “columbarium" has the meaning given in s. 440.70 (4).
(2)
Exemption. A columbarium that is established and used by a religious association is not subject to any requirement under this subchapter applicable to a mausoleum or cemetery if all of the following requirements are satisfied:
(a)
The columbarium shall be located on property owned by the religious association and on which is located the religious association's church building or other place of worship.
(b)
The religious association shall ensure that the columbarium is perpetually kept and maintained in a manner consistent with the intent of this chapter.
(c)
If the religious association ceases to use or occupy the church building or other place of worship where the columbarium is located, the religious association shall relocate all of the urns in the columbarium containing cremated remains.
(d)
The religious association shall deposit, within 30 days after receipt of the payment, at least 25 percent of each payment of principal received from the sale of a niche in the columbarium into a care fund, until the care fund equals 25 percent of the cost of constructing the columbarium. The care fund and any income from investment of the care fund may be used only to maintain the columbarium.
(e)
1.
Annually, the religious association shall file a certification with the department on a form prescribed and furnished by the department that includes all of the following:
a.
The name and address of the religious association and the address where the columbarium is located.
b.
A notarized statement of an authorized agent of the religious association that the religious association is in full compliance with par. (d).
2.
A certification under this paragraph is effective for a 12-month period, beginning on the date the certification is filed with the department.
3.
During the effective period specified under subd. 2., the department may not audit the care fund or any records or accounts of the religious association relating to the care fund for the columbarium to which the certification applies.
4.
The religious association is liable for the damages of any person resulting from the failure of the religious association to fully comply with par. (d) during the effective period specified under subd. 2.
(3)
Application.
(a)
Except as provided under par. (b), this section applies to all columbaria, including columbaria for which initial construction was commenced prior to November 13, 2015.
(b)
This section does not apply to a columbarium for which initial construction was commenced during the period beginning on November 13, 2015, and ending on November 30, 2016.
History:  2015 a. 95.
2023 Wisconsin Statutes & Annotations › Chapter 157 - Disposition of human remains. › 157.125 - Trustees for the care of cemeteries or cemetery lots.

157.125
Trustees for the care of cemeteries or cemetery lots.
(1)
If a trust is created for the care of a burial place or grave but no trustee is named in the will to administer the trust, the circuit court having jurisdiction may name the county treasurer of the county in which the burial place or grave is situated as trustee, except as provided in sub. (2). If not contrary to the terms of the trust, the county treasurer may contract with the person in charge of the burial place or grave for its care and pay to that person the income from the trust property or the part of the income that may be necessary for that purpose. If there is no person in charge of the burial place or grave, then the income shall be paid to the city, village, or town, in which the burial place or grave is situated, and for the purposes of this subsection, the governing body of that municipality has the duty of caring for the burial place or grave to the extent of money received for that purpose. The county treasurer shall annually render an account to the circuit court as provided in ch. 701 and the person or municipality receiving money for such care shall also render an annual accounting to the circuit court and the cemetery board as provided in s. 157.62 (2) (b) 3. to 7.
(2)
If the burial place or grave is located in a cemetery owned and operated by, or affiliated with, a religious association, the court shall name the religious association as the trustee unless the religious association petitions the court to name the county treasurer as the trustee.
History:  1971 c. 41 s. 11; 1979 c. 175 s. 50; 1989 a. 307; 2015 a. 237.
2023 Wisconsin Statutes & Annotations › Chapter 157 - Disposition of human remains. › 157.128 - Minimum acreage requirement for cemetery established on or after November 1, 1991.

157.128
Minimum acreage requirement for cemetery established on or after November 1, 1991.
(1)
Except as provided in subs. (2) and (3), no cemetery may be dedicated on or after November 1, 1991, unless the cemetery consists of at least 20 contiguous acres.
(2)
A cemetery consisting of less than 20 contiguous acres may be dedicated on or after November 1, 1991, if all of the following apply:
(a)
The cemetery is owned by a religious association.
(b)
The religious association is responsible for all liabilities of the cemetery.
(c)
The total acreage of all other cemeteries owned by the religious association exceeds 20 acres.
(3)
(a)
A cemetery consisting of less than 20 contiguous acres may be dedicated in a municipality that has enacted an ordinance under s. 157.129 if the cemetery meets the minimum acreage requirement specified in that ordinance.
(b)
A cemetery consisting of less than 20 contiguous acres may be dedicated by a cemetery authority that is not required to be licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.
History:  1989 a. 307; 1991 a. 269; 1999 a. 150 s. 672; 2005 a. 25.
2023 Wisconsin Statutes & Annotations › Chapter 157 - Disposition of human remains. › 157.129 - Minimum acreage of cemeteries; local ordinance.

157.129
Minimum acreage of cemeteries; local ordinance.
A city, village or town may enact and enforce an ordinance that does any of the following:
(1)
Allows a cemetery consisting of less than the minimum acreage specified in s. 157.128 (1) to be dedicated, as defined in s. 157.061 (4), in that city, village or town.
(2)
Allows a person to establish and use a public mausoleum in a cemetery consisting of less than the minimum acreage specified in s. 157.12 (2) (c).
History:  1991 a. 269; 1999 a. 150 s. 157; Stats. s. 157.129.
2023 Wisconsin Statutes & Annotations › Chapter 157 - Disposition of human remains. › 157.50 - Municipal cemeteries.

157.50
Municipal cemeteries.
(1)
Municipalities may acquire by gift, purchase or condemnation land for cemeteries within or without their boundaries. In the case of towns acquisition and price must be authorized by the town meeting.
(2)
The governing body of every municipality acquiring a cemetery shall by ordinance determine the system of management and operation. Any municipality may proceed under s. 157.07, 157.08 or 157.11 (7), or otherwise as provided by ordinance.
(3)
Upon organization of a cemetery association to take over a municipal cemetery, the municipality may convey real property and all funds and other personal property to the association. In towns the conveyance must be authorized by the town meeting.
(4)
When a town cemetery becomes embraced within a city or village, it shall be managed as though acquired thereby.
(5)
The town meeting may authorize the town board to appropriate up to $500 in any year for the improvement of the town cemetery, under supervision of the town board.
(6)
Any municipality that creates a care fund shall invest the money received for care as provided by ch. 881. The municipality may terminate the care fund, transferring the money to its general fund, if the municipality owns the cemetery and provides all maintenance expenses in perpetuity for those graves in the cemetery at the time of termination.
History:  1971 c. 41 s. 12; 1979 c. 254; 1983 a. 532; 1989 a. 307.
2023 Wisconsin Statutes & Annotations › Chapter 157 - Disposition of human remains. › 157.60 - Public easement in cemetery.

157.60
Public easement in cemetery.
Any person who opens or makes any highway, town way, or private way or constructs any railroad, turnpike, or canal or anything in the nature of a public easement over, through, in, or upon such part of any enclosure, being the property of any municipality, religious association, or private proprietor, as may be used for burial, unless an authority for that purpose is specially granted by law or unless the consent of such municipality, religious association, or private proprietor is first obtained by the person, shall be punished by imprisonment in the county jail not more than one year and by fine not exceeding $3,000.
History:  2015 a. 237.
2023 Wisconsin Statutes & Annotations › Chapter 157 - Disposition of human remains. › 157.625 - Reporting exemption for certain cemeteries.

157.625
Reporting exemption for certain cemeteries.
(1)
A cemetery authority that is not required under this chapter or under s. 440.92 to maintain any care funds or preneed trust funds is not required to file an annual report under s. 157.62 (2).
(3)
Section 157.62 does not apply to a cemetery authority that is not required to be licensed under s. 440.91 (1) or registered under s. 440.91 (1m).
History:  1991 a. 269; 2005 a. 25; 2007 a. 174; 2015 a. 237.