Can You Sign a Caregiver Affidavit Without the Parent in California?

No Parent Signature Is Required

The Caregiver's Authorization Affidavit under Family Code Sections 6550–6552 is a unilateral declaration. You — the caregiver — sign it under penalty of perjury. The parent does not sign it, co-sign it, or need to be present when you complete it.

This confuses a lot of people because it feels like you would need permission from the parent to make medical and school decisions for their child. California designed the affidavit specifically for situations where the parent is unavailable, and it built that reality into the form's structure.

How Parental Notification Works (Items 6a and 6b)

If you are a qualified relative completing Items 5–8 for full medical consent authority, Item 6 asks you to attest to one of two things:

Item 6a: You told the parent and they did not object. Check this box if you contacted the child's parent or legal guardian, informed them you intend to authorize medical care, and received no objection. This does not mean the parent gave enthusiastic written consent — it means they know and have not pushed back.

Item 6b: You cannot reach the parent. Check this box if you are currently unable to contact the parent or legal guardian after making reasonable efforts.

You can check both boxes. If one parent was notified and did not object (6a) but the other parent is unreachable (6b), both apply.

When a Parent Is Incarcerated or in Treatment

A parent in prison or residential treatment is a common scenario in kinship care. If the incarcerated parent was notified through the facility's communication channels and did not object, check Item 6a. If facility rules prevent communication or you cannot reach them, check Item 6b.

The form does not require the parent to be in a position to actively parent — it only requires the caregiver to truthfully attest to what notification efforts were made.

What Happens When a Parent Objects

This is where the affidavit's limits become clear. If a parent is reachable and explicitly objects to your caregiving authority, you cannot truthfully check either Item 6a or 6b for that parent. Submitting a false declaration constitutes perjury under California law.

When a parent actively disputes your authority, you cannot truthfully make either Item 6 declaration for that parent. Items 1–4 still cover school enrollment and school-related medical care, subject to a parent's right to override. The options from that point are:

1. Try to resolve the objection directly. Sometimes a parent objects out of fear or misunderstanding. Explaining that the affidavit does not transfer custody and that parental rights remain intact can defuse the situation.
2. Seek a formal probate guardianship. If the parent's objection cannot be resolved and the child's safety or welfare requires continued kinship care, a Superior Court probate guardianship petition under Probate Code Section 1500 is the next step. Under Family Code Section 3041, you would need to show by clear and convincing evidence that returning the child to the parent would be detrimental.

Can a Parent Revoke an Existing Affidavit?

Yes. A parent retains absolute legal authority to override decisions made by a caregiver under the affidavit at any time. There is no formal revocation process — the parent's legal rights were never transferred. If a parent contacts the school or medical provider and states they are resuming decision-making authority, the affidavit's practical effect ends for those providers.

This does not mean the child must immediately leave your home. The affidavit governs school and medical consent authority, not physical custody. But it does mean you lose the ability to make those decisions unilaterally; a formal guardianship order may be needed if you need continuing authority over a parent's objection.

The Non-Relative Difference

Non-relative caregivers completing Items 1–4 only do not face the parental notification questions at all. Items 6a and 6b only appear in the relative-caregiver section. However, non-relative authority is limited to school enrollment and school-related medical care — a much narrower scope.

For the complete walkthrough of every item on the affidavit, including how to handle tricky parental notification scenarios, see our California school and medical consent guide.

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