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Horn & Johnsen SC Horn & Johnsen SC is Wisconsin's premier estate planning law firm.

🎃👻 Estate planning doesn’t have to be scary! 👻🎃What Are the Benefits of a Revocable Living Trust?You’ve probably heard o...
10/02/2026

🎃👻 Estate planning doesn’t have to be scary! 👻🎃

What Are the Benefits of a Revocable Living Trust?

You’ve probably heard of a revocable living trust—but do you know what one can actually do for you and your family?

🏡 Avoiding probate for properly funded assets
🔒 Providing greater privacy
🧠 Planning for incapacity
👨‍👩‍👧 Making the transition of assets easier for your loved ones
📋 Providing flexibility in how your estate is managed and distributed

Have questions about whether a revocable living trust makes sense for your estate plan? Horn & Johnsen SC can help you understand your options.

Horn & Johnsen SC
Helping Wisconsin families plan for the future—no tricks required.

In this special Halloween episode, John and Dera explain the benefi...

09/24/2026

Legal update: Wisconsin Has a New “Next-of-Kin” Law — But You Still Need Powers of Attorney

Wisconsin recently enacted 2025 Wisconsin Act 115, a new law that may help families when a loved one becomes incapacitated without having a Health Care Power of Attorney in place.

Effective June 1, 2026, the law creates a new “patient’s representative” who, in certain circumstances, may consent to the transfer of an incapacitated hospital patient to a skilled nursing facility or community-based residential facility and make certain decisions on that person’s behalf — without first having to obtain a court-appointed guardian.

But the scope of this new law is important.

Act 115 does not create a general Wisconsin “next-of-kin” law allowing family members to automatically make health care decisions whenever a loved one becomes incapacitated.

Instead, the new patient’s representative process begins in a very specific situation: an incapacitated individual is a hospital inpatient, does not have a valid Health Care Power of Attorney or guardian of the person, and needs to be discharged directly to a skilled nursing facility or community-based residential facility.

Once the patient is admitted to that facility, the patient’s representative may make health care decisions regarding the patient’s admission, care, and treatment to the same extent as a guardian of the person. The representative also has certain authority to authorize expenditures related to the patient’s health care.

What about medical decisions outside of that situation?

This is an important limitation. A patient’s representative cannot use Act 115 to make other medical decisions for the patient while the patient remains in the hospital. The representative’s health care decision-making authority applies at the post-inpatient care facility.

So, for example, if an incapacitated person without a valid Health Care Power of Attorney needs someone to make broader medical decisions while hospitalized — such as consenting to surgery or making significant treatment or end-of-life decisions — Act 115 does not simply give a spouse or other family member that authority. Depending upon the circumstances, the family may still need to seek a court-appointed guardianship.

Likewise, if the individual is later discharged home and remains unable to make his or her own health care decisions, the patient’s representative’s authority does not continue. A guardianship may again be necessary.

That’s why we recommend having BOTH a Health Care Power of Attorney and a Financial Power of Attorney.

A Health Care Power of Attorney allows you to choose the person you trust to make health care decisions for you if you become unable to make those decisions yourself. It provides a decision-maker for your health care generally rather than relying on whether your particular circumstances happen to qualify for Act 115.

A Financial Power of Attorney allows you to choose an agent and give that person authority to handle the financial and property matters specified in your document. Depending upon the authority granted, that may include managing bank accounts, paying bills, handling real estate, dealing with insurance and government benefits, and taking other financial actions on your behalf.

These documents serve different purposes, and having one does not replace the need for the other. Act 115 does not provide the same broad financial authority that can be granted through a properly drafted Financial Power of Attorney.

Act 115 is also temporary.

The law contains a three-year sunset provision. Beginning June 1, 2029, no new patients may be admitted to post-inpatient care through this alternative patient’s representative process unless the Legislature takes further action.

The takeaway: Act 115 provides an important new safety net for Wisconsin families facing a particular hospital-discharge situation, but it is not a substitute for comprehensive incapacity planning.

Having properly prepared Health Care and Financial Powers of Attorney allows you to choose who will act for you and gives those individuals appropriate legal authority. It can also help your family avoid having to rely on a limited and temporary statutory alternative — or potentially having to go to court for a guardianship — if you become incapacitated.

For an excellent explanation of Wisconsin’s new law, including who can serve as a patient’s representative, when the law applies, what decisions a representative can make, and its limitations, see this FAQ from the Wisconsin Guardianship Support Center at the Greater Wisconsin Agency on Aging Resources (GWAAR):

👉 https://gwaar.org/api/cms/viewFile/id/2009009

If it has been a while since you reviewed your estate plan, this is a great reminder to make sure both of your Powers of Attorney are current and still name the people you trust.

Our office foxes are growing up! Thank you again to our fabulous paralegal and photographer, Sarah, for capturing these ...
09/19/2026

Our office foxes are growing up! Thank you again to our fabulous paralegal and photographer, Sarah, for capturing these playful moments. 💙💙

You have a Will or Trust—but do your beneficiary designations tell the same story?One of the most common estate planning...
09/14/2026

You have a Will or Trust—but do your beneficiary designations tell the same story?

One of the most common estate planning misconceptions is that your Will or Trust determines who receives all of your assets when you die.

It doesn’t.

Retirement accounts, life insurance policies, and many other assets may pass according to a beneficiary designation—and that designation can override what your estate planning documents say.

This recent MarketWatch article highlights just how costly a forgotten or outdated beneficiary designation can be. A form completed years (or even decades) ago could potentially determine who receives a significant portion of your estate.

Life changes. Your estate plan should change with it.

Marriage. Divorce. Births. Deaths. New grandchildren. Changed relationships. A new job or retirement account. All are good reasons to make sure your beneficiary designations still coordinate with your overall estate plan.

At Horn & Johnsen SC, we believe estate planning isn't simply about signing documents—it's about making sure all the pieces work together so your assets actually go where you intend.

Estate-planning crises usually come down to small oversights.

🇺🇸 Happy Labor Day from Horn & Johnsen SC! 🇺🇸Our office will be closed Monday, September 7, in observance of Labor Day.T...
09/06/2026

🇺🇸 Happy Labor Day from Horn & Johnsen SC! 🇺🇸

Our office will be closed Monday, September 7, in observance of Labor Day.

Today we recognize and celebrate the hard work, dedication, and contributions of workers throughout our community and across the country. We hope you have an opportunity to relax, recharge, and enjoy time with family and friends.

From all of us at Horn & Johnsen SC, we wish you a safe, restful, and happy Labor Day! ❤️🤍💙

Today, we honor the life and legacy of Gloria Steinem, who died yesterday at the age of 92.For more than six decades, St...
09/03/2026

Today, we honor the life and legacy of Gloria Steinem, who died yesterday at the age of 92.

For more than six decades, Steinem was a journalist, author, feminist organizer, and tireless advocate for equality. As a co-founder of Ms. magazine and the National Women’s Political Caucus, she helped give women a stronger voice in our culture, our workplaces, and our government. She continued advocating for equality and social justice well into her 80s and 90s.

At its heart, much of Steinem’s work was about agency—the fundamental idea that every person should have the ability to make decisions about their own life and have those decisions respected.

That principle resonates deeply with us as estate planning attorneys.

Estate planning is, in many ways, about making sure your voice continues to be heard: deciding who will make decisions for you if you cannot, who will care for the people and causes you love, and what kind of legacy you want to leave behind.

Gloria Steinem spent her life encouraging people—especially women—to find their voices and use them.

Today, we remember her for doing exactly that.

May we all have the courage to speak up, the freedom to choose our own paths, and the wisdom to make our voices heard.

Rest in power, Gloria.

Photos show Gloria Steinem through the decades as a leading voice of the U.S. women’s movement and a lifelong advocate for feminist causes. The Ms.

The world lost a true original this week. Tim Curry, who died at age 80, leaves behind a remarkable legacy spanning near...
08/27/2026

The world lost a true original this week. Tim Curry, who died at age 80, leaves behind a remarkable legacy spanning nearly six decades of stage, film, television, music, and voice acting.

From the unforgettable Dr. Frank-N-Furter in The Rocky Horror Picture Show to Wadsworth in Clue, Pennywise in It, and countless other roles, Curry had a rare ability to make every character entirely his own. His career was fearless, funny, theatrical, and completely unforgettable.

But perhaps the most meaningful legacy is the one that goes beyond the roles themselves. Tim Curry inspired generations of people to embrace their individuality, challenge expectations, and—most importantly—be themselves.

At Horn & Johnsen SC, we often talk about legacy in a different context. Estate planning isn't simply about what happens to your assets when you're gone. It's about the people, values, memories, and causes you leave behind—and the mark you make on the world while you're here.

Tim Curry certainly left a mark.

So today, we celebrate a remarkable life and an extraordinary talent. Thank you, Tim, for reminding us that a life well lived doesn't have to fit neatly into anyone else's expectations.

Rest in peace, Tim Curry.
And thank you for the memories.

Tim Curry died at age 80 on Wednesday, but his legacy lives on through roles in "The Rocky Horror Picture Show," "Clue," and other cult favorites.

Today, we honor the extraordinary life and legacy of Dolly Parton.Dolly has given the world so much more than music. Thr...
08/26/2026

Today, we honor the extraordinary life and legacy of Dolly Parton.

Dolly has given the world so much more than music. Through her generosity, resilience, creativity, and unwavering commitment to helping others, she has built a legacy that will continue to touch generations.

Her life is a beautiful reminder that what we leave behind is about so much more than what we own—it’s about the lives we touch, the values we pass on, and the difference we make.

As estate planning attorneys, we see every day how important it is to think about your own legacy. A thoughtful estate plan can help ensure that the people and causes you care about are protected and that your wishes continue to make a difference long after you are gone.

Dolly once said, “The way I see it, if you want the rainbow, you gotta put up with the rain.” 🌈

Thank you, Dolly, for showing us how to turn life's rain into something beautiful—and for leaving the world a little brighter than you found it.

May we all leave a legacy of kindness, generosity, and love.

Known for her outsize persona, appearance and talent, she rose from rural poverty to become a top-selling singer, songwriter and entrepreneur.

We are truly honored to have had the opportunity to provide peace of mind for another MCC family! 💜
07/28/2026

We are truly honored to have had the opportunity to provide peace of mind for another MCC family! 💜

Another Family. Another Future Protected.

Earlier this month, Morgan's Caring Connection had the privilege of awarding an Estate Planning Grant to the Kiel Family, helping them take an important step toward securing the future of their loved one.

Estate planning isn't just about legal documents—it's about creating peace of mind, protecting your family, and knowing there is a plan in place for the future. We are honored to walk alongside families during this journey and connect them with professionals who truly understand the unique needs of the disability community.

Here's what the Kiel Family shared about their experience:

"Janis is absolutely wonderful to work with. The way she connects with families and gets to know them and then able to connect them with providers that get them. She has taken a huge load off of us."

Comments like these remind us why we do this work. Every family deserves access to knowledgeable professionals who understand their unique circumstances and can help them plan with confidence.

A heartfelt thank you to Dera Johnsen-Tracy Horn & Johnsen SC, Estate Planning Attorney, for your continued partnership and dedication to serving the families of MCC. Your compassion and expertise make an incredible difference in the lives of those we serve.

Together, we're helping families replace uncertainty with confidence—one plan, one family, and one future at a time. 💜🩵🩷

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8446 Excelsior Drive, Ste. 102
Madison, WI
53717

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Tuesday 8am - 5pm
Wednesday 8am - 5pm
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