The Wisconsin minor child power of attorney allows parents or legal guardians to designate another adult to make decisions and temporarily care for their child. This legal tool is useful when the parent or guardian cannot care for the child (due to travel, illness, or military deployment).
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Under Wisconsin Statutes §48.979, the power of attorney for the care of a minor child must include specific information and adhere to particular requirements:
The designated attorney-in-fact is granted the authority to make decisions regarding the child’s education, health care, and general welfare. However, they are not permitted to consent to the marriage or adoption of the child, nor can they transfer the power to another person.
The power of attorney does not terminate the parental rights of the parent(s) or guardian but temporarily assigns specific responsibilities to the attorney-in-fact. This document can be revoked by the parent(s) or guardian at any time by providing written notice to the attorney-in-fact. Also, Wisconsin POA forms must be notarized to be legally binding.
Document Name | Wisconsin Minor Child Power of Attorney Form |
Other Name | Wisconsin Temporary Guardianship Form |
Relevant Laws | Wisconsin Statutes and Annotations, Section 48.979 |
Duration | One Year |
Avg. Time to Fill Out | 15 minutes |
# of Fillable Fields | 64 |
Available Formats | Adobe PDF |
Filling out the Wisconsin minor child power of attorney form involves several steps to ensure the document is completed correctly and legally binding. This guide will walk you through each section of the form.
1. Parent and Child Information
Begin by providing the names, dates of birth, and addresses of the child or children for whom you are delegating power. This section requires accurate details to identify the minors involved.
2. Delegation of Power to Agent
Next, the parent or legal guardian (the “principal”) must enter their name and address. Then, specify the agent to whom the parental powers are being delegated. It includes the agent’s name, address, telephone number, email address, and their relationship to the child. Only a parent with legal custody can fill out this form, and it cannot be used for children under juvenile court jurisdiction.
3. Scope of Parental Powers
The form allows the delegation of either full or partial parental powers:
Full Parental Power: Check this box if you are delegating full authority over the child.
Partial Parental Power: Specify delegated powers, such as health care decisions, educational consent, or travel permissions.
4. Effective Date and Term
Indicate the start and end dates of the delegation. Unless renewed, the term cannot exceed one year from the effective date. If no termination date is provided, the power of attorney remains effective for one year.
5. Revocation of Power of Attorney
This section explains that the parent can revoke the delegation at any time in writing and specifies that acts taken before revocation remain valid.
6. Signatures and Notarization
The form must be signed and dated by the parent(s). The state of Wisconsin requires notarization to authenticate the signatures. Ensure to include the notary’s details and signature.
7. Agent’s Statement
The designated agent must read and sign the statement, acknowledging their acceptance and understanding of the delegated powers. This part ensures they are aware of their responsibilities and the limits of their authority.
8. Agent’s Statement
Parents may provide additional contact information where they can be reached during the term of the power of attorney or designate another contact person if they cannot be located.