Homepage Blank Caregivers Authorization Affidavit PDF Template
Outline

In today's complex family structures, it's increasingly common for children to be under the care of someone other than their parents. Recognizing this reality, the state of California has provided a legal instrument known as the Caregiver's Authorization Affidavit to facilitate the care and schooling of minors. This critical document allows non-parental figures, who have a qualifying relationship with the child, to make important decisions regarding the child's education and medical needs without the need to pursue formal guardianship through the courts. Specifically designed to be straightforward and accessible, the affidavit requires minimal information - the minor's name and birthdate, the caregiver’s name, address, and their relationship to the minor. The completion and signing of the affidavit empower caregivers to enroll the minor in school and authorize school-related medical care. For broader medical care authorization, additional details regarding the caregiver's relationship to the minor and efforts to communicate this arrangement to the parents or legal guardians are necessary. While this form streamlines the process of caregiving by relatives or close family friends, it importantly does not alter the parental rights or transfer legal custody. It represents a temporary, yet legal, solution to ensure the welfare of the child is maintained. Instructions included with the form offer clarity on its use, the scope of its authority, and provide important warnings against misuse, underscoring the state's commitment to the well-being of its minor residents while respecting the rights and responsibilities of parents and legal guardians.

Form Example

Caregiver's Authorization Affidavit

Use of this affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code.

Instructions: Completion of items 1 - 4 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school- related medical care. Completion of items 5-8 is additionally required to authorize any other medical care. Print clearly.

The minor named below lives in my home and I am 18 years of age or older.

1.Name of minor: ______________________________.

2.Minor's birth date: _____________________.

3.My name (adult giving authorization): _______________________________.

4.My home address (street, apartment number, city, state, zip code):

______________________________________________

______________________________________________

______________________________________________

5.I am a grandparent, aunt, uncle, or other qualified relative of the minor (see page 2 of this form for a definition of "qualified relative").

6.Check one or both (for example, if one parent was advised and the other cannot be located):

I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection.

I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization.

7.My date of birth: ______________________.

8.My California's driver's license or identification card number: ____________.

Warning: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated: _____________________ Signed: ________________________

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Notices:

1.This declaration does not affect the rights of the minor's parents or legal guardian regarding the care, custody, and control of the minor, and does not mean that the caregiver has legal custody of the minor.

2.A person who relies on this affidavit has no obligation to make any further inquiry or investigation.

3.This affidavit is not valid for more than one year after the date on which it is executed.

Additional Information:

TO CAREGIVERS:

1."Qualified relative," for purposes of item 5, means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix "grand" or "great," or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.

2.The law may require you, if you are not a relative or a currently licensed foster parent, to obtain a foster home license in order to care for a minor. If you have any questions, please contact your local department of social services.

3.If the minor stops living with you, you are required to notify any school, health care provider, or health care service plan to which you have given this affidavit.

4.If you do not have the information requested in item 8 (California driver's license or I.D.), provide another form of identification such as your social security number or Medi-Cal number.

TO SCHOOL OFFICIALS:

1.Section 48204 of the Education Code provides that this affidavit constitutes a sufficient basis for a determination of residency of the minor, without the requirement of a guardianship or other custody order, unless the school district determines from actual facts that the minor is not living with the caregiver.

2.The school district may require additional reasonable evidence that the caregiver lives at the address provided in item 4.

California Courts Self-Help Center

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TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS:

1.No person who acts in good faith reliance upon a caregiver's authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is subject to criminal liability or to civil liability to any person, or is subject to professional disciplinary action, for such reliance if the applicable portions of the form are completed.

2.This affidavit does not confer dependency for health care coverage purposes.

California Courts Self-Help Center

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Document Features

Fact Name Description
Governing Law The use of the Caregiver's Authorization Affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code.
Affidavit Purpose Completion of specific items on the affidavit authorizes enrollment of a minor in school and school-related medical care. Additional items are required for other types of medical care authorization.
Eligibility The person signing the affidavit must be 18 years of age or older and the minor must reside in their home.
Qualified Relatives Defined Includes a range of relations by blood or marriage, such as grandparents, aunts, uncles, siblings, and first cousins, among others.
Notification Requirement Individuals using the affidavit are encouraged to advise the minor's parents or legal custodians of their intention to authorize medical care, unless unable to make contact.
Validity Period The affidavit is not valid for more than one year after the date it is executed.
Protection for Reliance Persons who in good faith rely on a Caregiver's Authorization Affidavit to provide care are protected from criminal liability, civil liability, and professional disciplinary action.

How to Use Caregivers Authorization Affidavit

Filling out the Caregivers Authorization Affidavit form is an important step for caregivers who need to enroll a minor in school or authorize school-related or other medical care. This form, authorized by Part 1.5 of Division 11 of the California Family Code, is designed to provide caregivers with a legal way to make certain decisions on behalf of a minor living in their home. To ensure that the process is completed accurately, it's crucial to follow the detailed steps and provide clear and correct information about both the caregiver and the minor. Below are the steps to fill out the form properly.

  1. Start by printing the minor's name in the space provided in item 1.
  2. Enter the minor's birth date in the space provided in item 2.
  3. Print your name (as the adult giving authorization) in the space provided in item 3.
  4. For item 4, write your home address, including the street, apartment number, city, state, and zip code, in the provided space.
  5. In item 5, check the box if you are a grandparent, aunt, uncle, or other qualified relative of the minor. Refer to the definition of "qualified relative" on page 2 of the form for more information.
  6. For item 6, check the appropriate box to indicate whether you have informed the parent(s) or other person(s) with legal custody of the minor of your intent to authorize medical care and have received no objection, or if you are unable to contact them at this time.
  7. Enter your date of birth in the space provided for item 7.
  8. For item 8, provide your California driver's license or identification card number. If you do not have this, provide another form of identification such as your social security number or Medi-Cal number.
  9. Confirm that all the information provided is correct and then sign and date the affidavit where indicated at the bottom of the form, declaring under penalty of perjury under the laws of the State of California that the information is true and correct.

The completion of this affidavit grants caregivers the authority to take certain actions on behalf of a minor, such as enrolling them in school and authorizing school-related medical care, without holding legal custody. It is a temporary measure, valid for no more than one year after the date it is executed. Understand the responsibilities and limitations associated with the affidavit, and ensure to keep the authorization up to date as needed.

Listed Questions and Answers

What is a Caregiver's Authorization Affidavit?

A Caregiver's Authorization Affidavit is a legal document that allows a person who is not a parent but is a relative to make certain decisions for a minor. This includes enrolling the child in school and making school-related medical decisions, with the option to extend this authorization to other medical decisions if additional sections of the form are completed. It is recognized by California law.

Who can use this affidavit?

People who are 18 years of age or older and meet the definition of a "qualified relative" can use this affidavit. Qualified relatives include grandparents, aunts, uncles, siblings, and others as defined by California Family Code, enabling them to take charge of a minor's care in specific situations without a court order.

What steps must be completed to use the affidavit?

Completing items 1-4 on the affidavit is enough to enroll a minor in school and authorize school-related medical care. For broader medical care authorization, items 5-8 must also be filled out. The form must be signed under penalty of perjury, confirming that the provided information is true and correct.

Yes, the caregiver must either inform the minor's parents or legal guardians about their intention to make medical decisions or indicate if they are unable to do so. This step is crucial for transparency and legality.

How long is the affidavit valid?

The affidavit is valid for one year after the date it is executed. Caregivers must renew the affidavit or take other legal steps if they wish to continue making decisions for the minor after this period.

What if the caregiver does not have a California ID or driver's license?

If the caregiver does not possess a California driver's license or ID, they must provide another form of identification such as a social security number or Medi-Cal number, ensuring that their identity can be verified.

Are there any notifications required if the minor stops living with the caregiver?

Yes, if the minor stops living with the caregiver, the caregiver is obligated to notify any school, healthcare provider, or health care service plan that received the affidavit. This requirement helps maintain accurate records and legal compliance.

What liabilities do schools and healthcare providers have when accepting this affidavit?

Schools and healthcare providers that act in good faith reliance upon this affidavit, without actual knowledge of facts contrary to those stated, are not subject to criminal or civil liability or professional disciplinary action. This legal protection encourages compliance and support for the minor's needs.

Does this affidavit affect parental rights?

No, the Caregiver's Authorization Affidavit does not affect the rights of the minor's parents or legal guardian regarding care, custody, and control, nor does it grant legal custody to the caregiver. It simply authorizes the caregiver to make certain decisions for the minor.

Common mistakes

When filling out the Caregiver's Authorization Affidavit form, it's crucial to avoid common mistakes to ensure that the document is valid and effective. Here are five common errors:

  1. Not completing all required fields: The form mandates that items 1 - 4 must be filled out to authorize school enrollment and school-related medical care. For authorizing any other medical care, items 5-8 are also required. Missing any of these can lead to the form being invalid.
  2. Incorrect information: Providing false information, especially knowingly, is not only incorrect but can result in legal penalties. Every detail, including names, birth dates, and addresses, must be accurate and true.
  3. Failing to notify the parent(s) or legal custodian(s): Item 6 requires the caregiver to indicate whether the parent(s) or person(s) with legal custody of the minor have been notified of the caregiver's intentions. Not doing so, when able, can invalidate the form.
  4. Using outdated or incorrect identification: Item 8 asks for a California driver's license or identification card number. Providing outdated or incorrect identification, or failing to provide an alternative form of I.D. if you do not have a California driver's license or I.D., can lead to complications.
  5. Not understanding caregiver qualifications: The form specifies who can be considered a "qualified relative" in item 5. Misinterpreting or ignoring these qualifications may result in the misuse of the affidavit.

Avoiding these mistakes is crucial for the affidavit to be legally recognized and for the caregiver to effectively care for the minor. Every section of the form comes with specific instructions that must be followed carefully. Given the legal implications tied to the affidavit, including potential fines or imprisonment for providing false information, it's essential to review all the details and ensure everything is correct before signing.

Documents used along the form

When managing the care and concerns of a minor, particularly in situations that call for legal documentation such as the Caregiver's Authorization Affidavit form, a variety of additional forms and documents might also be necessary. These documents ensure the caregiver can fulfill their responsibilities seamlessly, from authorizing medical treatment to ensuring the child's educational and overall welfare needs are met comprehensively.

  • Medical Consent Form: This document allows a caregiver to authorize medical treatment for a minor. It's used in more detailed medical scenarios beyond the basic authorization provided by the Caregiver's Authorization Affidavit.
  • Power of Attorney for Child: A legal document granting a caregiver the rights to make decisions on behalf of a child, covering a wide range of decisions beyond educational and routine medical care.
  • Child Travel Consent Form: Often used when a child is traveling with a caregiver instead of their parents, it provides proof of authorization to travel across state or international borders.
  • Emergency Medical Information Form: This form contains medical history, allergies, and other critical health information that caregivers and medical professionals might need during an emergency situation.
  • Guardianship Form: A legal document that goes a step further than the Caregiver's Authorization Affidavit by granting full guardianship rights over a minor in the absence of the parents.
  • Educational Consent Form: Specific to educational decisions, this form can authorize a caregiver to make decisions regarding enrollment, daily education activities, and access to records.
  • Special Healthcare Needs Form: For children with specific medical conditions, this form outlines the care and treatments that are part of the child's routine management and emergency intervention plans.
  • Information Release Form: Authorizes schools, doctors, and other entities to release personal and sensitive information about the child to the caregiver. It's essential for caregivers to make informed decisions.

Each of these forms plays a vital role in ensuring that caregivers are equipped with the necessary legal permissions to provide comprehensive care for a minor. From education and travel permissions to medical and legal decisions, these documents collectively help safeguard a child's welfare while under the temporary or long-term care of someone other than their parents.

Similar forms

The Caregivers Authorization Affidavit form is authorized under California law and serves a critical role in the care and medical decisions for a minor whose guardian is not directly available. This document grants certain rights to a caregiver, allowing them to take specific actions that would typically require parental or guardian consent.

One document similar to the Caregivers Authorization Affidavit is a Medical Consent Form for Minors. Like the affidavit, a Medical Consent Form allows an appointed adult to make medical decisions for a minor. However, while the affidavit covers both school enrollment and medical decisions, a Medical Consent Form is solely focused on medical care. It typically requires details about the minor, the consenting parent or legal guardian, and the appointed caregiver, alongside the specific medical treatments or services authorized. The form must be signed by the consenting guardian to be valid, and it acts as a direct authorization for medical professionals to provide care without further parental consent.

Another document bearing resemblance is the Power of Attorney for Child. This document grants an adult the authority to make broader decisions on behalf of a minor child, including but not limited to medical treatments. Unlike the affidavit, which is limited to medical decisions and school enrollment, a Power of Attorney can encompass a wide range of actions, such as handling financial matters, making educational decisions, and even travel consent. The duration of this document can vary and might extend beyond the one-year limit that applies to the Caregivers Authorization Affidavit. Despite the broader powers granted by a Power of Attorney for Child, it shares the principle of allowing a non-parental figure to make crucial decisions for a minor’s well-being in the guardian’s absence.

Compared to these documents, the Caregivers Authorization Affidavit has a streamlined approach, focusing on the essentials of school enrollment and medical care without necessitating a court order or extensive legal paperwork. It is designed for a specific scenario where a minor is under the care of a relative or family friend who needs to make important decisions in the parent's or guardian's absence. The affidavit’s simplicity and specificity make it an indispensable tool in ensuring the continuous care and support of minors when the customary legal guardians are not present.

Dos and Don'ts

When completing the Caregiver's Authorization Affidavit form, it is essential to approach the task with attention to detail and an understanding of the responsibilities it entails. Below are several do's and don'ts that can help guide individuals through the process effectively.

Do:
  • Read the instructions carefully. Before filling out the form, thoroughly review the instructions to ensure a complete understanding of which sections to complete based on your specific circumstances.
  • Print clearly and legibly. To avoid any potential misunderstandings or processing delays, ensure all information is clearly written.
  • Verify your relationship to the minor. Confirm that you meet the definition of a "qualified relative" as outlined in the affidavit, or that you are otherwise eligible to complete the form.
  • Notify the parents or legal guardians, if possible. When it's feasible, inform the minor's parent(s) or guardian(s) of your intention to sign the affidavit and provide medical care authorization.
  • Provide accurate information. Ensure all provided details are accurate to the best of your knowledge, including personal identification information and your relationship to the minor.
  • Sign and date the form as required. Your signature and the date confirm your acceptance of the legal responsibilities outlined in the affidavit.
  • Keep a copy for your records. After completing and submitting the affidavit, save a copy for your records in case you need to reference it in the future.
Don't:
  • Sign the form if any statements are incorrect. Falsely signing the affidavit can result in criminal penalties, including fines or imprisonment.
  • Ignore the expiration date. Keep in mind that the affidavit is not valid for more than one year after the execution date, so pay attention to when it may need to be renewed.
  • Forget to notify relevant parties if the minor's living situation changes. If the child stops living with you, it's your responsibility to inform schools, health care providers, or health care plans as needed.
  • Omit any required information. Each item on the affidavit serves a purpose; failing to complete the form in its entirety may invalidate the authorization.
  • Assume it grants legal custody. Understand that this affidavit allows for certain medical and educational decisions but does not change the legal custody status of the minor.
  • Overlook alternative identification options. If you do not have a California driver's license or ID, note that other forms of identification may be acceptable.
  • Underestimate the significance of the form. Recognize that by completing this affidavit, you're assuming a notable responsibility for the minor's care and well-being in specific areas.

Misconceptions

There are several common misconceptions about the Caregiver's Authorization Affidavit form that require clarification to ensure its proper use and understanding. Below are ten misconceptions explained:

  • It grants legal guardianship: Many people mistakenly believe that completing this affidavit gives them legal guardianship of the minor. However, it simply authorizes them to make school-related and medical decisions for the minor residing in their home. Legal guardianship involves a more rigorous legal process.

  • It's permanent: There's a misconception that once signed, the affidavit is permanent. In reality, it's only valid for one year from the date it is executed, requiring renewal for continued authority.

  • It's only for grandparents: While grandparents often use the form, it's also available to aunts, uncles, and other qualified relatives as defined by the California Family Code. This includes a broad range of familial relationships.

  • Parental rights are relinquished: Some people worry that using the affidavit means parents give up their rights. This is not the case. The affidavit does not affect the rights of the minor's parents or legal guardian regarding the care, custody, and control of the minor.

  • Approval from both parents is needed: The affidavit requires informing the parent(s) or legal custodian(s) of the intent to authorize medical care. However, if one parent cannot be located or contacted, the caregiver can still execute the affidavit after making a reasonable effort to notify the other parent.

  • No verification is required: A common belief is that schools and healthcare providers accept the affidavit without any further verification. While they do not need to seek additional legal documentation, the school district may request reasonable evidence that the caregiver lives at the address provided.

  • It's a complicated process: The process is actually quite straightforward. The caregiver needs to fill out the form accurately and sign it under penalty of perjury. No court approval or legal assistance is typically necessary, simplifying the process for caregivers.

  • It only allows for school enrollment: While the primary use is often for school-related matters, completion of the additional items on the form can authorize broader medical care beyond just school-related health services.

  • It's only valid in California: Although this form is authorized by the California Family Code, the concept of a caregiver's authorization for a minor's educational and medical decisions is recognized in various forms in other states. However, the specific rules and the form itself are tailored to California's legal framework.

  • You cannot revoke it: There's the false belief that once the affidavit is signed, it cannot be revoked. The caregiver, however, can cease their authorization at any time. Additionally, if the minor stops living with the caregiver, they are required to notify any school, health care provider, or health care plan to which they have given the affidavit.

This form is a useful legal tool designed to help caregivers provide for the minors in their care without having to navigate the complexities of obtaining formal legal guardianship. Understanding these points can help caregivers, school officials, and healthcare providers appropriately use and respect the affidavit's authority.

Key takeaways

Understanding the Caregiver's Authorization Affidavit is crucial for caregivers who step into the role of caring for a minor relative in the absence of their parents. Here are key takeaways that help explain the form's importance and its appropriate use:

  • Filling out items 1-4 and signing the affidavit allows a caregiver to enroll a minor in school and authorize school-related medical care without further legal actions.
  • To authorize additional medical care beyond school-related services, items 5-8 must also be completed.
  • The form explicitly states that a caregiver must be 18 years of age or older and that the minor currently lives in the caregiver's home.
  • A designation of who may be considered a "qualified relative" is thoroughly described, including a wide range of familial relations and their spouses.
  • Caregivers are alerted to the possible need for a foster home license if they are not a relative or a licensed foster parent.
  • The duty of the caregiver to notify schools, health care providers, or health care service plans if the minor ceases to live with the caregiver is emphasized.
  • If the caregiver does not possess a California driver's license or ID, alternative forms of identification can be provided, ensuring flexibility in compliance requirements.
  • The affidavit must be renewed annually, as it is not valid for more than one year after its execution date, ensuring that arrangements are up-to-date.
  • Legal protections are in place for those acting in good faith reliance upon the affidavit to provide medical or dental care to the minor, underlining the form's purpose in facilitating care while minimizing legal risk.

These highlights from the Caregiver's Authorization Affidavit form underscore the legal framework designed to support caregivers in their critical role. They provide a pathway for caregivers to ensure the well-being of minors in their care through education and medical attention, reflecting a balanced approach between caregiver authority and the necessity of legal safeguards.

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