Wisconsin Power of Attorney Delegating Parental Power

What a Delegation of Parental Power Actually Does

Under Wis. Stat. § 48.979, a parent who holds legal custody can sign a Power of Attorney that temporarily hands day-to-day decision-making to a relative or trusted adult. The official court form is GF-223, titled Power of Attorney Delegating Parental Power.

The agent — that's you, the grandparent, aunt, uncle or family friend — gains authority to enroll the child in school, consent to routine medical and dental care, pick up prescriptions, sign field-trip slips and handle daily logistics. The parent keeps legal custody the entire time. Nothing about child support, parental rights or court orders changes.

This is the most common path for Wisconsin families where a child moves in with a relative because a parent enters rehab, is deployed, is incarcerated or simply cannot manage care right now.

Who Needs to Sign

Every parent who holds legal custody must sign GF-223. That means:

• Married parents sharing custody: both sign.
• Divorced parents with joint legal custody: both sign, even if one has primary physical placement.
• One parent with sole legal custody: that parent signs alone, but should attach a certified copy of the custody order or the other parent's death certificate.
• Unwed parents: if paternity is established and both have legal custody, both sign. If only the mother has legal custody (no paternity adjudication), she signs alone.

The agent also signs a "Statement of Agent" section on the form, confirming they accept the delegation and are willing and able to care for the child.

How Long It Lasts

A GF-223 delegation defaults to one year if no end date is written in. Two rules control what happens after that:

• Relatives (grandparent, aunt, uncle, sibling, first cousin, nephew, niece or step-parent, as defined in § 48.02(15)) can renew past one year without filing anything in court. Execute a fresh GF-223 before the old one expires.
• Non-relatives cannot hold a delegation longer than one year without court approval. Violating this carries a fine of up to $10,000, imprisonment of up to nine months, or both.

There is no automatic renewal. When the form expires, authority ends. Set a calendar reminder for 60 days before expiration and get new signatures.

What GF-223 Cannot Authorize

The statute carves out specific exclusions. An agent under a Power of Attorney cannot consent to:

• Marriage or adoption of the child
• Abortion
• Termination of parental rights
• Military enlistment
• Placement in a foster home, group home or inpatient facility

Major surgery or experimental treatment is not covered by the standard form either. If the child might need extraordinary medical care, the parent should attach a written addendum spelling out exactly what the agent may authorize.

When Court Filing Is Required

Most families never file GF-223 with a court. The form works as a private agreement between parent and agent. Court involvement is required in these situations:

1. The child is already under juvenile court jurisdiction (CHIPS, JIPS or delinquency proceedings under §§ 48.13, 48.14, 938.12, 938.13 or 938.14).
2. The agent is a non-relative and the delegation will last longer than one year.
3. The child is an Indian child; additional tribal notice and court-consent procedures apply, including Form IW-1783A.

In these cases, follow the county circuit court's juvenile-division process. Local filing packets differ. Waukesha County and Milwaukee County Children's Court require Form GF-223, a petition for court approval, copies of existing custody orders and a Guardian ad Litem deposit.

Notarization: Optional but Recommended

Wisconsin law does not require notarization for a standard GF-223 delegation. The form includes an optional notary block. In practice, schools, clinics and pharmacies are more likely to accept a notarized copy without pushback. If a parent is in a correctional facility or treatment center, prison social workers or facility staff can typically arrange notary services.

Revocation

A parent can revoke the delegation at any time by delivering written notice to the agent. The parent or agent should then notify every school, clinic and insurer that received a copy of the original form. Until a third party receives written notice of revocation, they are legally protected for any action taken in good-faith reliance on the delegation.

If a parent and an agent ever give conflicting instructions to a school or doctor, the parent's instruction wins.

When a Power of Attorney Is Not Enough

GF-223 requires a cooperating parent's signature. If a parent cannot be found, refuses to sign, or is deceased with no surviving co-parent, the form cannot be used. The next step is typically a court petition for minor guardianship under Wis. Stat. § 48.9795 — emergency (60 days), temporary (up to 360 days) or full (until age 18). Our Wisconsin Guardianship and Custody Guide walks through that process.

For a complete walkthrough of GF-223 execution, school enrollment steps and medical consent rules, the Wisconsin School and Medical Consent Guide bundles everything into one printable kit with tracking worksheets and escalation scripts.

See more Wisconsin guides →