Wis. Stat. » CHAPTER 48 — CHILDREN’S CODE
Wisconsin Statutes

Wis. Stat. § 48.023 (2026)

Guardianship

✓ current as of July 2026
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48.02348.023 Guardianship. Except as limited by an order of the court under s. 48.977 (5) (b) or 48.978 (6) (b) 2., a person appointed by the court to be the guardian of a child under this chapter has the duty and authority to make important decisions in matters having a permanent effect on the life and development of the child and the duty to be concerned about the child’s general welfare, including but not limited to:
48.023(1)(1) The authority to consent to marriage, enlistment in the U.S. armed forces, major medical, psychiatric and surgical treatment, and obtaining a motor vehicle operator’s license.
48.023(2)(2) The authority to represent the child in legal actions and make other decisions of substantial legal significance concerning the child but not the authority to deny the child the assistance of counsel as required by this chapter.
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48.023(3)(3) The right and duty of reasonable visitation of the child.
48.023(4)(4) The rights and responsibilities of legal custody except when legal custody has been vested in another person or when the child is under the supervision of the department of corrections under s. 938.183, 938.34 (4h), or 938.357 (3) or (4) or the supervision of a county department under s. 938.34 (4d), (4m), or (4n).
48.023 HistoryHistory: 1977 c. 354; 1993 a. 385; 1995 a. 27, 77, 275, 352; 1997 a. 334; 2017 a. 185; 2019 a. 8 ss. 11, 71.
48.023 AnnotationA guardian may not recover for the loss of society and companionship of a ward, nor may the guardian bring a separate claim for costs incurred or income lost on account of injuries to the ward. Conant v. Physicians Plus Medical Group, Inc., 229 Wis. 2d 271, 600 N.W.2d 21 (Ct. App. 1999), 98-3285.
48.023 AnnotationA guardian has general authority to consent to medication for a ward but may consent to psychotropic medication only in accordance with ss. 880.07 (1m) and 880.33 (4m) and (4r). The guardian’s authority to consent to medication or medical treatment of any kind is not affected by an order for protective placement or services. OAG 5-99.
Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1989–2022 · leading case: In Interest of Peter B., 516 N.W.2d 746 (Wis. Ct. App. 1994).
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In Interest of Peter B., 516 N.W.2d 746 (Wis. Ct. App. 1994). · cites it 3× “There is nothing in the record that indicates that either a guardian ad litem or a guardian, see § 48.023, STATS., was appointed for Peter B.”
Conant v. Physicians Plus Med. Grp., Inc., 600 N.W.2d 21 (Wis. Ct. App. 1999). · cites it 4× “As the Conants argue, under § 48.023, Stats., they have the "duty to be concerned about the child's general welfare," and that duty generally includes "the rights and responsibilities of legal custody.”
Carrington Ex Rel. Nathan v. St. Paul Fire & Marine Ins., 473 N.W.2d 591 (Wis. Ct. App. 1991). · cites it 4× “, a "guardian" is a "person appointed by the court" who thereby "has the duty and authority to make important decisions in matters having a permanent effect on the life and development of the child and the duty to be concerned about the child's general welfare," sec. 48.023,…”
Tina B. v. Richard H., 2014 WI App 123 (Wis. Ct. App. 2014). “with "full powers enumerated under § 48.023, Wis. Stats." Pursuant to Wis. Stat.”
State v. Turner, 2014 WI App 93 (Wis. Ct. App. 2014). · cites it 2× “See Wis. Stat. § 48.023 (1). ¶ 20. From this, Turner concludes it is "[c]learly .”
P.C. v. C.C., 448 N.W.2d 662 (Wis. Ct. App. 1989). “The relevant portion of sec. 48.023, Stats., states: "A person appointed by the court to be the guardian of a child under *193 this chapter has the duty and authority .”
In Interest of AEH, 448 N.W.2d 662 (Wis. Ct. App. 1989). “The relevant portion of sec. 48.023, Stats., states: "A person appointed by the court to be the guardian of a child under this chapter has the duty and authority .”
State v. Kimberly A. Howell (Wis. Ct. App. 2022). “She cites no law for the proposition that the Fourteenth Amendment protects one’s status as a court-appointed guardian, and simply citing the guardianship statute is wholly insufficient.”
Amanda Fisher v. M. F. (Wis. Ct. App. 2022). “§ 48.023. “Legal custody,” in turn, “confers the right and duty to protect, train and discipline the child, and to provide food, shelter, legal services, education and ordinary medical and dental care.”
— Wis. Stat. § 48.023(4) — 2 cases
Conant v. Physicians Plus Med. Grp., Inc., 600 N.W.2d 21 (Wis. Ct. App. 1999). “As the Conants argue, under § 48.023, Stats., they have the "duty to be concerned about the child's general welfare," and that duty generally includes "the rights and responsibilities of legal custody.”
Carrington Ex Rel. Nathan v. St. Paul Fire & Marine Ins., 473 N.W.2d 591 (Wis. Ct. App. 1991). “, a "guardian" is a "person appointed by the court" who thereby "has the duty and authority to make important decisions in matters having a permanent effect on the life and development of the child and the duty to be concerned about the child's general welfare," sec. 48.023,…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.