Grandparent Medical Consent in Wisconsin: What You Need to Know

Wisconsin Does Not Have a Self-Executing Caregiver Affidavit

Some states let a relative sign a standalone affidavit to authorize medical care. Wisconsin is not one of them. Unlike California or Arizona, Wisconsin has no self-executing caregiver authorization affidavit for healthcare consent. A grandparent or relative caregiver needs either a Power of Attorney under Wis. Stat. § 48.979 or a court-ordered guardianship to consent to medical treatment for a child.

This catches many families off guard. A grandparent who has been caring for a grandchild for months may discover at the pediatrician's office that they cannot authorize a routine checkup or vaccination without proper documentation.

The Power of Attorney Path: Form GF-223

The standard route is a Power of Attorney Delegating Parental Power, executed on Wisconsin Court Form GF-223. When a parent signs this form, the designated agent (the grandparent, aunt, uncle or other caregiver) gains authority to consent to:

• Routine pediatric care and wellness checkups
• Dental cleanings and restorations
• Emergency room treatment
• Routine vaccinations
• Outpatient diagnostic testing
• Prescription medications
• Vision care

The delegation lasts up to one year (renewable), and all parents holding legal custody must sign. The form does not require notarization by statute, though clinics are more likely to accept a notarized copy without hesitation.

What GF-223 Does Not Cover

The standard delegation cannot authorize consent for:

• Abortion — explicitly excluded by § 48.979(2)
• Major surgery, experimental procedures or blood transfusions — these require an express addendum attached to the form specifying exactly what the agent may authorize
• Placement in an inpatient mental health facility — this requires court approval, not a delegation

If there is any chance the child will need non-routine medical care, ask the parent to attach a written addendum to GF-223 describing the specific procedures the agent may consent to.

Immunizations

Wisconsin law requires children to present proof of age-appropriate immunizations within 25 school days of enrollment. Waivers are available for medical, religious or personal conviction reasons.

A grandparent holding a valid GF-223 can sign religious or personal conviction waivers on the child's behalf. Medical waivers require a licensed physician's signature certifying that a specific vaccine is detrimental to the child's health.

An agent with a GF-223 can also consent to routine immunizations at a pediatrician's office or pharmacy — this is covered under the general healthcare delegation.

Picking Up Prescriptions

A caregiver holding a valid GF-223 can present insurance cards, discuss claims with insurers and pick up prescriptions at a pharmacy. Bring a copy of the signed form to the pharmacy and ask that it be kept on file. Some pharmacies may also ask for a photo ID.

Health Insurance: BadgerCare Plus

If the child does not have health insurance through a parent's plan, the caregiver can apply for Wisconsin's BadgerCare Plus (child-only Medicaid) through ACCESS.wi.gov. Eligibility is based on the child's financial circumstances alone — the grandparent's income is excluded when evaluating a relative child for Medicaid.

HIPAA and Medical Records

A caregiver with a valid GF-223 or court-ordered guardianship acts as the child's personal representative under HIPAA and Wisconsin's medical records law (Wis. Stat. § 146.83). This means the caregiver can request, inspect and authorize release of the child's medical records.

Bring a copy of the delegation form to every new provider and ask that it be scanned into the child's chart. This prevents repeated explanations at check-in.

Emergency Care Without Consent

In a genuine medical emergency, a provider may render immediate life-saving care or emergency diagnostic treatment without prior consent when obtaining consent would dangerously delay treatment of an acute threat to the child's life or health. This does not extend to follow-up or non-urgent care once the emergency resolves.

When to Escalate

If a clinic or hospital refuses to treat the child despite a valid GF-223:

1. Ask for the refusal in writing with the specific policy basis.
2. Cite Wis. Stat. § 48.979 and explain that the form is the statutory instrument for parental delegation of healthcare consent.
3. Ask to speak with the practice manager or hospital Risk Management department.
4. Contact the Wisconsin Family Connections Center (WiFCC) at 800-762-8063 for assistance.

The Wisconsin School and Medical Consent Guide includes a medical consent checklist, a provider communication log and an escalation protocol for handling refusals.

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