Delegation of Parental Powers

Pursuant to Wisconsin Statute 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 his or her powers regarding the care and custody of the child to an agent for a specified period of time. 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 who has legal custody of a child may not place the child in a foster home, group home, or inpatient treatment facility by means of a delegation of powers.

In most situations, the delegation of powers will be done privately without any court involvement. There are three situations where the court would be involved: (1) the juvenile is under the jurisdiction of the court under a CHIPS, JIPS, delinquency, guardianship, or mental commitment case, (2) the delegation is to a non-relative for longer than one year, or (3) the delegation involves an Indian child (see the “Delegation of Powers by a Parent” section in the Indian Child Welfare Act Model Recordkeeping Procedures).
​
​ DELEGATION OF POWERS FOR A CHILD UNDER THE JURISDICTION OF THE COURT [Wis. Stat. 48.979(1)(bm)] A parent may not delegate his or her powers regarding the care and custody of a child who is subject to the jurisdiction of the court under ss. 48.13, 48.14, 938.12, 938.13 or 938.14 unless the court approves the delegation.