Wisconsin Non-Relative Caregiver: Court Filing Rules for GF-223

Wisconsin treats relatives and non-relatives differently when it comes to delegating parental power. If you're a family friend, godparent, neighbor, or anyone who doesn't fit the statutory definition of a relative, you face a strict one-year cap and, in some situations, a mandatory court filing. Ignoring these rules carries serious consequences.

The One-Year Limit

Under Wis. Stat. § 48.979(1)(a), a Power of Attorney Delegating Parental Power (Form GF-223) to a non-relative cannot remain in effect for longer than one year without prior court approval. The form defaults to a one-year term if no end date is specified, so a non-relative who re-executes a new GF-223 each year without going to court is technically compliant if each new form runs for one year or less and no other court-filing trigger applies.

The penalty for exceeding the one-year limit without court approval is significant: a statutory fine of up to $10,000, imprisonment for up to nine months, or both. This isn't a theoretical risk — it exists because the legislature intended non-relative placements exceeding one year to receive judicial oversight.

For relatives — defined by Wis. Stat. § 48.02(15) as grandparents, brothers, sisters, stepbrothers, stepsisters, uncles, aunts, first cousins, nephews, nieces, and step-parents — there is no one-year limit. A relative's GF-223 may remain in effect longer than one year without court approval unless a filing trigger applies, such as juvenile court jurisdiction or the child's status as an Indian child under applicable law.

When Court Filing Is Required

A GF-223 delegation must be filed with the circuit court in three specific situations:

1. The child is under juvenile court jurisdiction. If the child is currently subject to a Child in Need of Protection or Services (CHIPS) proceeding under Wis. Stat. § 48.13, a Juvenile in Need of Protection or Services (JIPS) proceeding under Wis. Stat. § 938.13, or delinquency proceedings under §§ 48.14, 938.12, or 938.14, the parent cannot delegate parental power to anyone — relative or non-relative — without explicit approval from the presiding juvenile court judge. This applies regardless of the delegation's duration.

2. The delegation to a non-relative is intended to exceed one year. Even if the child is not under juvenile court jurisdiction, a non-relative delegation lasting longer than one year requires the form to be filed with the circuit court for judicial review and approval.

3. The child is an Indian child under applicable law. The GF-223 must be filed with the juvenile court, which schedules a hearing; the parent signs and files the required consent form at that hearing.

In all other situations — a delegation to a relative of any duration, or a delegation to a non-relative for one year or less, where the child is not under juvenile court jurisdiction and is not an Indian child under applicable law — the GF-223 is executed privately between the parents and agent and does not need to be filed with any court.

What the Court Filing Process Looks Like

County procedures vary, but the general process when filing a GF-223 for court approval involves:

1. Filing the executed Form GF-223 with the clerk of circuit court in the county where the child resides
2. Submitting a petition for court approval of the delegation
3. Providing copies of any existing custody, placement, or juvenile court orders
4. Paying a Guardian ad Litem (GAL) deposit — the court will appoint a GAL to represent the child's interests
5. Attending a hearing where the judge reviews whether the delegation serves the child's welfare

Waukesha County and Milwaukee County Children's Court have published local rules specifying exactly what must accompany the petition. Other counties may handle it through their juvenile or family court divisions. Call the clerk's office in your county before filing to confirm the local requirements.

Practical Advice for Non-Relative Caregivers

If you're a family friend caring for a child and the parents are willing to sign a GF-223, and none of the court-filing triggers above applies, the simplest compliant path is to execute a new form each year before the current one expires. Each one-year delegation avoids the court-approval requirement for exceeding the non-relative term limit.

Keep a calendar reminder at least 60 days before expiration. Letting the form lapse — even briefly — ends the delegated authority to consent to medical care and sign school permissions covered by the GF-223. Residency-based school enrollment rights still depend on where the child lives.

If the arrangement is likely to last years and the annual re-signing becomes impractical (parents move away, become difficult to reach, or are unreliable about signing), filing for court approval of a longer-term delegation or petitioning for guardianship may be the better investment.

Our Wisconsin School and Medical Consent guide covers both pathways — annual GF-223 renewal and court-approved delegation — with a Delegation Expiry and Renewal Tracker to make sure coverage never lapses.

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