Sometimes, a parent needs another person to make decisions about their child. Maybe a parent plans to be out of the country for a month or more without their child. When something like that happens, a parent can give someone permission to make medical and educational decisions for the child while they can’t. The person making these decisions is a caregiver.
Do you want to make sure your children are taken care of in an emergency? See Planning for a family emergency.
A caregiver is an adult that a parent chooses to take care of their child. The child lives with the caregiver. The caregiver has permission to make medical and educational decisions about the child.
When you agree to make someone a caregiver, you don’t lose any of your rights to make decisions for your child. It lets you and the caregiver share decision-making power.
Making someone a caregiver lets them make educational and medical decisions without talking to you first. But the caregiver can’t make a decision for the child that they know you don’t agree with.
A caregiver must be at least 18 years old. The child must live with them. They don’t have to be related to you or your child.
No. You don’t have to get a guardianship. A legal guardian can be appointed by the court in a separate process. Find more information about the guardianship process here.
A caregiver and guardian have very different rights and responsibilities. See Caregivers or guardianship: choosing the best option for a child.
No, no one has to go to court or file anything with the court.
No, a caregiver only has the right to make medical and educational decisions for the child. They don’t have any custody rights.
Yes. You still have a right to make decisions for your child after choosing a caregiver. You and the caregiver share the power to make medical and educational decisions.
If you disagree with the caregiver, you make the final decision.
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 medical and educational decision-making power with the caregiver you name.
You can find instructions from the Massachusetts Probate Court on how to fill out the form.
You have to agree that 4 statements on the form are true (summarized below):
- There are no active court orders that stop you from using the rights and responsibilities that you want the caregiver to have. For example, if a judge has given legal custody to the other parent and you do not have the right to make decisions for your child.
- You are not using this form to
- Get around any state or federal law,
- Be able to get your child in a certain school, or
- Give back rights to a caregiver who had rights taken away by a court.
- You understand what naming a caregiver means. You are giving your permission freely to make sure your child or children are cared for. You are not doing this because of any pressure, threats, or payments by anyone.
- You understand that if you want to change this permission you need to do an amended form. If you want to end the permission, you need to do a revocation. You need to give these to everyone that you and the caregiver gave the original form to.
When you are ready to sign, you need 2 witnesses and a notary to watch you sign the form. They fill out sections 2 and 3 on the 2nd page. Then, the caregiver signs an acknowledgement in section 4 on the 2nd page.
You and the caregiver should both keep a copy of the signed Caregiver Authorization Affidavit.
The caregiver needs to give a copy of the form to the child’s school, doctor, dentist, and other providers. They should keep a list of everyone they give the form to. This is important in case there are changes. You should get a copy of that list too.
Yes. There is a spot on the first page of the Caregiver Authorization Affidavit where you can list those things. For example, you could say that the caregiver can’t make decisions about the mental health treatment of your child.
You can give a caregiver permission for up to 2 years. But you may also choose a shorter period. If you want to extend the time your caregiver has permission, you need to do a new form. You can do this even if the original form was for 2 years.
Yes. You and the caregiver need to redo the authorization form to make any changes. In the new form, you can list different things that you don’t want the caregiver to decide for your child.
Yes. You can end the caregiver’s right to make decisions at any time. This is called a “revocation.” You need to write a letter to the caregiver. Say in the letter that they no longer have permission to make these decisions. Sign and date the letter. Keep a copy for yourself. You and the caregiver should also give copies of this letter to the child’s school, doctor, dentist, and anyone else who got the caregiver form.
A caregiver is an adult that a parent chooses to take care of their child. The child lives with the caregiver. The caregiver has permission to make medical and educational decisions about the child.
When you agree to make someone a caregiver, you don’t lose any of your rights to make decisions for your child. It lets you and the caregiver share decision-making power.
Making someone a caregiver lets them make educational and medical decisions without talking to you first. But the caregiver can’t make a decision for the child that they know you don’t agree with.
A caregiver must be at least 18 years old. The child must live with them. They don’t have to be related to you or your child.
No. You don’t have to get a guardianship. A legal guardian can be appointed by the court in a separate process. Find more information about the guardianship process here.
A caregiver and guardian have very different rights and responsibilities. See Caregivers or guardianship: choosing the best option for a child.
No, no one has to go to court or file anything with the court.
No, a caregiver only has the right to make medical and educational decisions for the child. They don’t have any custody rights.
Yes. You still have a right to make decisions for your child after choosing a caregiver. You and the caregiver share the power to make medical and educational decisions.
If you disagree with the caregiver, you make the final decision.
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 medical and educational decision-making power with the caregiver you name.
You can find instructions from the Massachusetts Probate Court on how to fill out the form.
You have to agree that 4 statements on the form are true (summarized below):
- There are no active court orders that stop you from using the rights and responsibilities that you want the caregiver to have. For example, if a judge has given legal custody to the other parent and you do not have the right to make decisions for your child.
- You are not using this form to
- Get around any state or federal law,
- Be able to get your child in a certain school, or
- Give back rights to a caregiver who had rights taken away by a court.
- You understand what naming a caregiver means. You are giving your permission freely to make sure your child or children are cared for. You are not doing this because of any pressure, threats, or payments by anyone.
- You understand that if you want to change this permission you need to do an amended form. If you want to end the permission, you need to do a revocation. You need to give these to everyone that you and the caregiver gave the original form to.
When you are ready to sign, you need 2 witnesses and a notary to watch you sign the form. They fill out sections 2 and 3 on the 2nd page. Then, the caregiver signs an acknowledgement in section 4 on the 2nd page.
You and the caregiver should both keep a copy of the signed Caregiver Authorization Affidavit.
The caregiver needs to give a copy of the form to the child’s school, doctor, dentist, and other providers. They should keep a list of everyone they give the form to. This is important in case there are changes. You should get a copy of that list too.
Yes. There is a spot on the first page of the Caregiver Authorization Affidavit where you can list those things. For example, you could say that the caregiver can’t make decisions about the mental health treatment of your child.
You can give a caregiver permission for up to 2 years. But you may also choose a shorter period. If you want to extend the time your caregiver has permission, you need to do a new form. You can do this even if the original form was for 2 years.
Yes. You and the caregiver need to redo the authorization form to make any changes. In the new form, you can list different things that you don’t want the caregiver to decide for your child.
Yes. You can end the caregiver’s right to make decisions at any time. This is called a “revocation.” You need to write a letter to the caregiver. Say in the letter that they no longer have permission to make these decisions. Sign and date the letter. Keep a copy for yourself. You and the caregiver should also give copies of this letter to the child’s school, doctor, dentist, and anyone else who got the caregiver form.