Child Medical Consent Form in California: Caregivers, Duration, and Emergencies

The child medical consent form used in California is the Caregiver’s Authorization Affidavit, a statutory document created by Family Code Sections 6550 through 6552. A parent or legal guardian uses it to let another adult consent to a minor’s medical and dental care without a court order. How much authority the form actually grants depends on one thing: whether the caregiver is related to the child.¹

What the Affidavit Does

The Caregiver’s Authorization Affidavit lets a designated adult enroll a minor in school, consent to school-related medical care, and, in the case of a relative caregiver, consent to the full range of medical and dental treatment that a court-appointed guardian could authorize. It does not transfer custody or create a guardianship. The statutory form itself says the declaration “does not affect the rights of the minor’s parents or legal guardian regarding the care, custody, and control of the minor.”¹

The form works in practice because California shields providers who rely on it. A doctor, dentist, or hospital that treats a child based on a properly completed affidavit, without actual knowledge that any statement in it is false, is protected from criminal liability, civil liability, and professional discipline. The provider has no duty to investigate.² That is why schools and clinics generally accept the form at face value.

Relative vs. Non-Relative Caregivers

This is the most important distinction on the form, and getting it wrong leaves the caregiver without the authority a parent assumed they had.

A caregiver who is a relative of the child and who completes all eight items on the form has the same authority to consent to medical and dental care as a court-appointed guardian. That covers general medical treatment, dental care, and mental health treatment. A caregiver who is not a relative, or who completes only items one through four, has authority limited to school enrollment and school-related medical care.²

California reads “relative” broadly. It includes any adult related to the child by blood, adoption, or marriage within the fifth degree of kinship. Grandparents, aunts, uncles, great-grandparents, first cousins, stepparents, stepsiblings, and the spouses of any of those people count, even if the marriage ended through divorce or death.¹

If the caregiver is a family friend, a neighbor, a nanny, or a coach, the affidavit alone will not let that person consent to a doctor’s visit or an emergency room treatment unrelated to school. Parents in that situation should look at other legal arrangements, such as a power of attorney for health care of a minor, and may want to consult an attorney about the options.

What the Form Has to Include

The statutory form in Family Code Section 6552 is organized into eight numbered items. Every caregiver fills in the first four; a relative seeking full medical authority fills in all eight.¹

Item 1: the minor’s full name.
Item 2: the minor’s date of birth.
Item 3: the caregiver’s name.
Item 4: the caregiver’s home address.
Item 5: a statement that the caregiver is a relative of the child.
Item 6: whether the caregiver has notified the parent or legal custodian of the intent to authorize medical care, or an explanation of why the caregiver could not reach them.
Item 7: the caregiver’s date of birth.
Item 8: the caregiver’s California driver’s license, state identification card, or government-issued consular card number.

The caregiver must be at least 18. The form carries a warning in boldface type: signing when any statement is incorrect is a crime punishable by a fine, imprisonment, or both. The caregiver signs under penalty of perjury.¹

No Notarization, No Court Seal

The form says it directly: “A seal or signature from a court is not required. This form is not required to be notarized.”¹ Some parents still have the form notarized to reduce friction with providers unfamiliar with it, but notarization adds nothing to its legal validity.

What to Attach Even Though the Statute Doesn’t Require It

The statutory form has no space for the child’s medical history, allergies, current medications, insurance information, or treatment limitations. None of that is legally required, but attaching a supplemental page is sensible. A caregiver who arrives at an emergency room without knowing the child’s medication allergies has a real safety problem regardless of what the consent form says. Many parents also include the child’s insurance card and the pediatrician’s contact information.

Who Can Sign as the Parent

Only someone with legal custody can delegate medical authority through this form: a biological parent, an adoptive parent, or a court-appointed legal guardian. When parents share joint legal custody, the form does not require both signatures. Item 6 asks the caregiver to confirm that the parent or legal custodian has been notified, but it does not force agreement between parents.

If parents disagree later about a treatment decision, the parent’s wishes generally override the caregiver’s. Family Code Section 6550 provides that a parent’s or legal custodian’s decision supersedes the caregiver’s, as long as the parent’s decision does not jeopardize the child’s life, health, or safety.² Providers facing conflicting instructions often ask to see the divorce decree or custody order to figure out who holds decision-making authority, and may delay non-urgent treatment until the parents work it out.

How Long the Affidavit Lasts

The Caregiver’s Authorization Affidavit has no built-in expiration date. Despite what many generic online templates imply, California’s statute imposes no six-month or one-year cap. The affidavit stays valid as long as the minor keeps living with the caregiver.

Two events end it. If the child stops living with the caregiver, the caregiver has to notify any school, healthcare provider, or health plan that received a copy, and the affidavit is invalid once that notice is received.² The affidavit also ends when the child turns 18.

A parent or guardian can also effectively reassert control at any time by contacting the provider directly. Because the parent’s decision supersedes the caregiver’s under Section 6550(b), that call or visit changes who the provider listens to, no matter what the affidavit says.

When the Child Doesn’t Need a Form at All

California gives minors the right to consent to their own treatment in several situations. Parents arranging caregiver authority should know these exist, because the Caregiver’s Authorization Affidavit is not the right document when a minor can legally authorize care on their own.

A minor aged 12 or older can consent to outpatient mental health treatment or counseling if the provider finds the minor mature enough to participate meaningfully, though this does not cover psychiatric hospitalization, psychotropic medication, or convulsive therapy.³ A minor 12 or older can also consent to medical care and counseling for a drug- or alcohol-related problem, with narrower rules for replacement narcotic therapy.⁴ The same age applies to treatment for reportable infectious diseases and sexually transmitted diseases, including preventive care.⁵ A minor of any age can consent to care related to preventing or treating pregnancy, though not to sterilization.⁶ And a minor 15 or older who is living apart from a parent or guardian and managing their own finances can consent to general medical, dental, or vision care.⁷

Emergencies and Out-of-State Travel

No consent form is needed for a true medical emergency when a parent or guardian cannot be reached. California follows the general rule of implied consent, so a hospital can treat an unconscious or critically ill child without waiting for paperwork. The absence of a Caregiver’s Authorization Affidavit will not stop a hospital from acting in a life-threatening situation.

The affidavit is a California document and may not carry weight outside the state. For a child traveling with a non-parent caregiver, particularly across the border into Canada or Mexico, a notarized letter of consent from the absent parent or both parents may be needed on top of the California form.⁸ A parent sending a child on a trip with a relative should prepare both: the affidavit for medical situations and a separate notarized travel consent letter for the border.

1
California Legislative Information. California Code Family Code 6552 – Caregivers
2
Justia Law. California Family Code 6550-6552 – Caregivers
3
California Legislative Information. California Code Family Code 6924 – Consent by Minor
4
California Legislative Information. California Code Family Code 6929 – Consent by Minor
5
California Legislative Information. California Code FAM 6926 – Consent to Medical Care for Infectious or Sexually Transmitted Disease
6
California Legislative Information. California Code Family Code 6925 – Consent by Minor
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California Legislative Information. California Code Family Code 6922 – Consent by Minor
8
USAGov. International Travel Documents for Children