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Delegation of Power by a Parent

Delegation of a Power by a Parent §48.979

A parent who has legal custody of a child by a power of attorney that is properly executed (by all parents who have legal custody of the child), may delegate to an agent, any of their powers regarding the care and custody of the child for a period of one (1) year (some exceptions apply). A delegation of powers does not deprive the parent of any of his or her powers regarding the care and custody of the child.  A parent may revoke that delegation at any time by executing a written revocation and notifying the agent in writing of the revocation. 

When the Court is Required to be Involved:

  • The child is subject to the jurisdiction of the court under §48.13, §48.14, §938.13, or §938.14 (#8 on the petition.
  • The proposed delegation of powers is to an agent who is not a relative of the child and would remain in effect for longer than one (1) year (#10 on the petition).

For those instances ONLY (if one of these two situations does not exist the Delegation of Power is NOT filed with the court) the petitioner shall file:

  • GF-223 (form published Q1 2025) with
  • a draft copy of the Power of Attorney document
  • Legal Custody Order, if there is one, and
  • GAL Deposit or Agreement

SERVICE: The petitioner is responsible for service and/or notice.  For additional information, please consult Wisconsin Statute 48.9795(3)(a) Service of Petition and noticeAn Affidavit of Service or Certificate of Service must be filed with the court no later than 96 hours prior to the hearing.

GUARDIAN AD LITEM: Pursuant to Wisconsin Statute 48.9795(3)(a) the court shall appoint a guardian ad litem when a petition is filed for appointment of a guardian.  In accordance to Wisconsin Statute 48.235(8)(b) the court may order either or both parties to pay all or any part of the compensation of the guardian ad litem.

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