Caregiver education and health care authorization

On January 14, 2009 the Governor signed into law “An Act Relative to Caregiver Education and Health Care Authorization.” The law went into effect on April 14, 2009. This law creates a statutory mechanism for a parent or parents to authorize another adult to exercise concurrent parental rights and responsibilities relative to a minor’s education and health care. Therefore, if you are a caregiver, a parent may give you permission to make medical and educational decisions for the child. A caregiver is defined as a person who lives with a child but who is not a parent.

By executing a duly prepared Caregiver Authorization Affidavit, a parent can convey the authority to make education and health care decisions regarding a minor in the absence of the parent or on behalf of the parent. Once the Affidavit is signed by the parent, witnessed and notarized, it is effective, however, there is very specific language that is statutorily required and must be included in the documents. The form is not filed with a Court, but a copy of this form should be delivered to the child’s school, doctor, and dentist.

You are advised to keep a list of everyone who received the form, in the event you must notify someone about the changes. Naturally, the original should be maintained in a safe place with your other estate planning documents.

Parents should feel comfortable executing this Affidavit, and they can revoke it at any time and in the event that they disagree with the caregiver. The parent’s decision shall remain final. The use of the Caregiver Authorization Affidavit may provide some families with an alternative to filing for Guardianship of a Minor. The Affidavit is valid for two years and will need to be executed again at its expiration.

by: Julie A. Dialessi-Lafley