Wisconsin Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   The Wisconsin instrument is the Power of Attorney Delegating Parental Power under Wis. Stat. § 48.979. It is signed by all parents who have legal custody, and the agent signs a Statement of Agent. The statute prints a form in § 48.979(2), and a power of attorney complies if it substantially conforms to that form. The statute does not make the form mandatory.

2. 2

   The delegation may remain in effect for no longer than one year. It may run longer if the agent is a relative of the child or the court approves. If no termination date is given, the statutory form says it remains in effect for one year after the effective date, but no longer. A delegation to a non-relative beyond one year without court approval is subject to a fine of up to $10,000 or imprisonment of up to 9 months, or both. The statute states no renewal mechanism.

3. 3

   All parents who have legal custody must execute it. The statutory form has two parent signature blocks and an optional notary block, and § 48.979 does not require notarization. The form's only attestation block is the optional notary one, and the statute states no filing step for a delegation of one year or less. A parent may not use it for a child under the jurisdiction of the court under ss. 48.13, 48.14, 938.12, 938.13 or 938.14 unless the court approves.

4. 4

   The parent may delegate any powers regarding the care and custody of the child, in full or in part. The form lists consent to all health care or only listed health care, educational and vocational services, employment, care and custody, a motor vehicle operator's license, travel outside Wisconsin, and obtaining substitute care such as child care. The parent cannot delegate consent to marriage or adoption, performance or inducement of an abortion, termination of a parent's rights, or enlistment in the U.S. armed forces. The agent may not place the child in a foster home, group home, shelter care facility or inpatient treatment facility.

5. 5

   A parent who delegated may revoke at any time by executing a written revocation and notifying the agent in writing. A revocation invalidates the delegation except for acts already taken in reliance on it. Section 48.979 gives no general protection to schools or doctors who rely on the document, and this page does not promise that any school or medical provider must accept it.

6. 6

   This is not a court guardianship. It does not transfer custody, and the form states that it does not deprive a custodial or noncustodial parent of any of their powers regarding the care and custody of the child. The agent may be any person the parent names, with no age or relationship requirement in § 48.979 for a delegation up to one year. A non-relative agent needs court approval for a term over one year.

7. 7

   If this document does not fit your situation, or a longer or court-backed arrangement is needed, Wisconsin has court options: a temporary guardian of a child for up to 180 days with one additional 180-day extension for good cause, an emergency guardian for up to 60 days (Wis. Stat. § 48.9795), and, for a parent facing incapacity, debilitation or death, a standby guardian under § 48.978. A guardianship over a parent's objection is a contested case. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Wisconsin child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Wisconsin Requirements for Temporary Guardianship Agreement

• Power of Attorney Delegating Parental Power

  A parent with legal custody may delegate powers regarding the care and custody of a child to an agent, with no court filing for a delegation of one year or less unless the child is under juvenile-court jurisdiction. The statute heading is Delegation of power by parent (Wis. Stat. § 48.979(1)(a)).

• All Custodial Parents Sign

  The power of attorney must be executed by all parents who have legal custody, and only a parent with legal custody may use it (Wis. Stat. § 48.979(1)(a)).

• One-Year Term

  The delegation may remain in effect for no longer than one year, except that it may run longer if the agent is a relative of the child or the court approves. If no termination date is given, the statutory form says one year after the effective date (Wis. Stat. § 48.979(1)(am), (1m), (2)).

• Agent's Statement

  The agent signs and dates a Statement of Agent declaring they read the document, understand the powers, are fit, willing, and able, and accept them (Wis. Stat. § 48.979(2)).

• Optional Notary Block

  The statutory form includes an optional notary acknowledgment. Section 48.979 does not require notarization, and states no filing step for a delegation of one year or less (Wis. Stat. § 48.979(2)).

• Powers That Cannot Be Delegated

  A parent cannot delegate consent to marriage or adoption, performance or inducement of an abortion, termination of a parent's rights, or enlistment in the U.S. armed forces. The agent may not place the child in a foster home, group home, shelter care facility or inpatient treatment facility (Wis. Stat. § 48.979(1)(a), (1)(c)).

• Written Revocation

  A parent who delegated may revoke at any time by executing a written revocation and notifying the agent in writing. The revocation invalidates the delegation except for acts already taken in reliance on it (Wis. Stat. § 48.979(1)(e)).

• Non-Relative Term Over One Year

  A delegation to a non-relative beyond one year requires court approval and is otherwise subject to a fine of up to $10,000 or imprisonment of up to 9 months, or both (Wis. Stat. § 48.979(1m)).

• Child Under Court Jurisdiction

  A parent may not delegate for a child under the jurisdiction of the court under ss. 48.13, 48.14, 938.12, 938.13 or 938.14 unless the court approves (Wis. Stat. § 48.979(1)(bm)).