Grandparent Medical and Dental Consent in Delaware

The Medical Authorization Affidavit

Delaware law under 13 Del. C. §§ 707–708 gives grandparents and qualifying relatives a specific legal tool for medical consent: the Caregivers' Medical Authorization Affidavit, published by DSAAPD. This isn't a generic consent form — a health care facility or practitioner must honor a caregiver's decision under the affidavit unless they know a parent, legal custodian, or guardian has made a contrary decision.

Once executed, you have legal standing to walk into a pediatrician's office, a dentist, or an urgent care clinic and consent to treatment on the child's behalf.

What It Covers

The affidavit authorizes consent for a broad range of outpatient healthcare under 13 Del. C. § 707(a)(2):

• Routine medical exams and well-child visits
• Immunizations and preventive care
• Dental and vision care
• Developmental screening
• Outpatient mental health screening and care
• Emergency treatment
• Prescription medications, except psychotropic drugs, which require a parent's, legal custodian's, or guardian's consent
• School-Based Health Center enrollment

For dental care specifically, the affidavit covers routine checkups, cleanings, fillings, and other standard dental procedures. You can schedule and authorize dental appointments just as a parent would.

What It Doesn't Cover

The statute draws clear boundaries. Under 13 Del. C. § 707(a)(1), "blood testing" does not include HIV/AIDS testing, controlled-substance testing, or other testing for which a separate court order or legally required informed consent is needed.

If a child needs a procedure that the clinic says falls outside the affidavit's authority, ask for specifics in writing. The line between what the affidavit covers and what requires court involvement isn't always obvious, and having the refusal documented helps if you need to escalate.

How to Execute It

The process mirrors the school affidavit:

1. Download the form from dhss.delaware.gov (free, English and Spanish) or pick up a copy at a public health clinic
2. Get the parent's, legal custodian's, or guardian's signature if possible, or document your reasonable efforts to locate them
3. Have your signature notarized
4. Present it to the healthcare provider

The medical affidavit is valid for exactly one year from execution — shorter than the school affidavit's one-to-two-year window. Set a reminder to renew before it lapses.

Prescriptions and Pharmacy Logistics

With the medical affidavit in hand, you can pick up prescriptions, manage pharmacy logistics, and authorize refills within the affidavit's scope. Psychotropic drugs require consent from a parent, legal custodian, or guardian. For medication administered by the school nurse, Delaware requires a written request from a parent, guardian, or relative caregiver. Prescription medication must be provided in its original, properly labeled container with the prescriber's name and dose-and-timing instructions. For self-administration at an approved school activity, the written consent must include the student's name, medication, dose, dates and times, and method of administration, and the medication must be prescribed by a licensed health care provider.

The school authorization affidavit and the medical authorization affidavit are separate forms.

Emergency Situations

Under 13 Del. C. § 707(b)(5), a minor or someone serving as the child's temporary custodian at a parent's request may consent to treatment for a traumatic injury or a condition that treating personnel judge could threaten the child's health or life if untreated. The consent is effective only after reasonable efforts have been made to obtain the parent's or guardian's consent.

If you're in an emergency room with a child, the affidavit smooths everything that comes after the initial emergency treatment: follow-up prescriptions, specialist referrals, and discharge planning.

HIPAA and Medical Records

Under HIPAA, a person authorized by state law to make a health care decision can be the child's personal representative for information relevant to that authority. The medical affidavit may let you access records related to the decisions it authorizes, but it does not provide unrestricted access to every record; other state-law limits and exceptions still apply.

Getting Started

Our School and Medical Consent Guide for Delaware Relatives covers both the medical and school affidavits together, with preparation checklists and a document-readiness worksheet that helps you gather everything before your first appointment.

See more Delaware guides →