You are here

Give your child's caregiver permission to make education and health care decisions

Produced by Massachusetts Law Reform Institute
Last Updated August 2016

If my children are living with someone like my mother temporarily, does she have to become their legal guardian?

No. If your children are living with someone else temporarily, you can share the power to make medical and educational decisions for your child with that person.

The law calls the person who is looking after your child a “caregiver”. The caregiver does not have to become a legal guardian. No one has to go to court. Nothing has to be filed in court.

If you want your child’s caregiver to be able to give permission for medical and educational services for your child, you have to fill out and sign a Caregiver education and health care authorization affidavit. The form is also called a "Caregiver Authorization Affidavit". The form says you are sharing this power with the caregiver. It also says you swear that everything in the form is true.

Who can be a "caregiver"?

A caregiver is any adult that your child is living with.  The adult does not not need to be a relative. 

How can I learn more about this form?

The Probate and Family Court has written some easy to understand instructions.

Find Legal Aid

You may be able to get free legal help from your local legal aid program. Or email a question about your own legal problem to a lawyer.

Ask a Law Librarian

If it's
Monday-Friday
between
9am and 4pm