Caregiver Affidavit California – Complete Guide

In California, when a minor lives with an adult who is not their legal guardian, that adult can still make certain decisions regarding the child’s education and healthcare by completing a Caregiver’s Authorization Affidavit.

This affidavit is an alternative to court-ordered guardianship and is designed for temporary caregiving situations, such as when a grandparent, aunt, uncle, or another adult assumes daily care of a child due to parental absence or hardship.

Details:

• Jurisdiction: State of California
• Intended for: Parents, informal caregivers, school officials, and healthcare providers

Legal Basis and Function:

• Governed by California Family Code §6550, the affidavit allows a caregiver to enroll a minor in school and consent to specific types of medical treatment.
• It does not take away parental rights or establish legal custody.
• Only the caregiver needs to sign the form.
• The affidavit must be notarized and typically renewed annually for school use.

Who Can Use This Affidavit?

Definition of “Qualified Relative”

Includes: grandparents, siblings, aunts, uncles, first cousins, stepparents, and in-laws—even after divorce or the spouse’s death.

Key Requirements:

• The minor must live full-time with the caregiver.
• The form must be completed and signed under penalty of perjury.
• Caregivers must notify schools and healthcare providers if the child no longer resides with them.
• If the caregiver is not a relative, they may need to be licensed as a foster parent depending on the situation.

Check Also: Care Package for Caregiver – A Guide

Instructions for Caregivers:

• Download the Affidavit:
  • Caregiver’s Authorization Affidavit (English)
  • Affidavit (Spanish)
• Fill Out the Form:
  • Include full legal names, addresses, and relationships.
  • Ensure information is accurate and complete.
• Get It Notarized:
  • Sign the form in front of a licensed notary public.
• Submit to Institutions:
  • Provide copies to your child’s school and healthcare provider.
  • Keep a copy for your records.
• Renew Annually:
  • Especially required for school use to confirm continuing care.

For School Officials:

• Under Education Code §48204, the affidavit is sufficient to verify a child’s residency for school enrollment.
• Schools may request:
  • Proof of the caregiver’s residence (e.g., lease, utility bill).
  • Additional notarized documentation from the parent if questions arise.

For Healthcare Providers:

• Providers are protected from liability when relying on the affidavit in good faith.
• Qualified relatives may consent to any medical or dental treatment.
• Non-relatives may only authorize care directly related to school attendance (e.g., immunizations, school physicals).
• The affidavit does not create eligibility for health insurance or government benefits.

Important Limitations;

• This form does not establish legal custody.
• It is not valid if the child no longer resides with the caregiver.
• It may be challenged by the child’s legal parents or guardians at any time.
• Non-relatives must become licensed foster caregivers if the care is long-term or if state agencies are involved.

Legal and Practical Guidance:

Before using this affidavit:

• Assess whether a temporary affidavit is appropriate or if legal guardianship is necessary.
• Consult with a family law attorney or legal aid organization if:
  • The situation is expected to last longer than one year.
  • The child’s parents are uncooperative or missing.
  • You are unsure about your legal rights or responsibilities.

Contact Information and Resources:

• California Courts Self-Help Center: www.courts.ca.gov/selfhelp.htm
• California Department of Social Services: www.cdss.ca.gov
• Free Legal Aid Directory (by county): www.lawhelpca.org

Frequently Asked Questions: