Wisconsin Grandparent Rights When Raising a Grandchild

Your Rights Depend on Your Legal Arrangement

Wisconsin doesn't have a single "grandparent rights" law that covers everything. Instead, your ability to make decisions for a grandchild, enroll them in school, consent to medical care, and access financial help depends on which legal arrangement you hold — or whether you hold one at all.

Here's what each level of legal authority actually gives you.

Informal Caregiving (No Paperwork)

Many grandparents start here. The child lives with you based on a verbal agreement with the parent. In Wisconsin, this is enough to apply for Kinship Care payments under Wis. Stat. § 48.57(3m). The agency will verify that the arrangement exists and that the placement is in the child's best interests, but no court order is required.

What you can do:

• Apply for Kinship Care ($384/month base rate per child)
• Apply for BadgerCare Plus and FoodShare on the child's behalf
• Provide day-to-day care, housing, and supervision

What you can't do easily:

• Enroll the child in school (many districts require documented legal authority)
• Consent to medical treatment beyond routine care
• Make decisions that legally require parental authorization

Informal caregiving works in the short term, but it creates friction at school offices and doctor's appointments. If you're caring for a grandchild for more than a few weeks, formalizing your authority closes those gaps.

Power of Attorney (Form GF-223)

Under Wis. Stat. § 48.979, a parent with legal custody can delegate caregiving, educational, and medical decision-making authority to you using Form GF-223. If both parents share joint legal custody, both must sign.

What this adds:

• Authority to enroll the child in school
• Authority to consent to medical and dental treatment
• Authority to make educational decisions
• Documented legal status that schools, hospitals, and agencies recognize

What it doesn't do:

• It doesn't transfer custody or terminate parental rights
• It expires after one year maximum (must be re-signed annually)
• It can't authorize consent to marriage, adoption, abortion, or military enlistment
• If the child is under juvenile court jurisdiction, the delegation needs court approval (Form GF-222)

The Power of Attorney is the fastest way to formalize your role because it doesn't require a court hearing. The parent signs, you have authority immediately, and it's valid for Kinship Care, BadgerCare Plus, and school enrollment.

Guardianship

A court-ordered guardianship under Wis. Stat. § 48.9795 gives you full legal custody of the child. This is the strongest form of legal authority short of adoption. It doesn't require the parent's consent — the court can appoint a guardian over parental objection if it finds the parents unfit or unwilling.

What guardianship gives you:

• Complete legal authority over the child's care, education, and medical decisions
• No need for annual renewal or parental signatures
• Authority to apply for available benefit programs; each program has its own eligibility rules
• A potential pathway to Subsidized Guardianship (Wis. Stat. § 48.623) if the child was in your licensed relative foster home for at least 6 consecutive months before guardianship

The tradeoff is that guardianship requires a court process — filing a petition, a hearing, and often an investigation by the court or county. It can take several months. For detailed guidance on the guardianship process, our sibling publication at /us/wisconsin/guardianship-custody/ covers the court steps.

Financial Help Available at Every Level

Regardless of which legal arrangement you hold, these programs are available to grandparents raising grandchildren in Wisconsin:

• Kinship Care: $384/month statutory base rate per child (higher age-tiered rates may apply where implemented; caregiver income excluded)
• BadgerCare Plus: Health coverage for children up to 306% FPL (caregiver income excluded when the child is treated as a non-filer and is not claimed as a tax dependent)
• FoodShare: Food assistance (the child can be a separate household if you don't hold legal custody or guardianship and purchase and prepare the child's food separately)
• Wisconsin Shares: Childcare subsidies (court-ordered placements get $0 copayment)
• ADRC services: Respite care, training, and support groups for caregivers 55+

The Wisconsin Kinship Financial Help guide walks through every financial program, the application forms, and the documents you need — organized by your specific legal arrangement so you apply for the right benefits at the right agencies.

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