Need a Caregiver’s Authorization Notarized?

So what is a Caregiver’s Authorization Affidavit?

As an alternative to a legal guardianship, caregivers can sign a Caregiver’s Authorization Affidavit. A Caregiver’s Authorization Affidavit is an official form based on California’s recognition that adults who have minors living with them are “caregivers” who often want and need to take some responsibility for the minor’s education and other care.

A Caregiver’s Authorization Affidavit is a form you fill out and give to a child’s school or health care provider. You can use the form to enroll the child in school or get medical care for the child. California law says what exactly should be in the form. California law also says who can use this form.

Does a Caregiver’s Authorization Affidavit affect the custody rights of the parents?

No. A Caregiver’s Authorization Affidavit does not affect the rights of the child’s parents. The parents still have custody and control of the child.

TIP: A Caregiver’s Authorization Affidavit does not give you legal custody of the child. If you need to get legal custody of a child, consider seeking a guardianship in state probate court.

Do I have to tell the child’s parents about the Caregiver’s Authorization form?

Yes. If you know where they are, you must tell the child’s parents before you fill out the Caregiver’s Authorization form. If they don’t object, then you can complete the form.

Can I use the Caregiver’s Authorization form if the child’s parents object?

No. If the child’s parents object to your getting the Caregiver’s Authorization, then you won’t be able to use the form.

What if I can’t find the parents?

If you can’t find the parents, you can still complete the Caregiver’s Authorization.

What if the parents show up later?

If the parents show up later and don’t want you to have the Caregiver’s Authorization, then they can “revoke” (cancel) the authorization. If they revoke the authorization, then you can’t use it.

What if the parents change their minds? Can they stop me from using the Caregiver’s Authorization Affidavit?

Yes. Even if they told you that they didn’t object to the Caregiver Authorization Affidavit, they can always change their mind. Parents can always revoke the Caregiver’s Authorization. If they revoke the authorization, then you can’t use it.

Is the Caregiver’s Authorization Affidavit good as long as I take care of the child?

No.

  • The Caregiver’s Authorization Affidavit is good for only one year from the date you sign it.
  • If more than one year has passed since you signed the form, you’ll need to fill out another one.

You can use the Caregiver’s Authorization Affidavit to enroll a child in school if:

  • you are over the age of 18, and
  • you take care of a child who lives in your home, but
  • you do not have a court order that gives you custody of the child.

If the Affidavit has to be notarized, how do I do that?

You make an appointment with Little Miss Notary, SoCal’s Mobile notary.

  • Bring the “Jurat Form” with you to your Little Miss Notary appointment.
  • Also, bring your driver’s license with you. We will need it to fill out the Jurat Form.

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