Grandparent Rights When Raising a Grandchild in Massachusetts

Your Legal Standing as a Kinship Caregiver

Taking in a grandchild, niece, nephew, or a friend's child does not automatically give you any legal authority. Physical custody and legal authority are separate things in Massachusetts. A child can live in your home for months, but without documentation, you cannot legally enroll them in school, consent to a doctor's visit, or pick up their prescriptions.

Massachusetts provides a clear non-court pathway to fix this: the Caregiver Authorization Affidavit under M.G.L. c. 201F. With a valid affidavit, you can make educational and healthcare decisions, access records under FERPA and HIPAA, sign school forms, and apply for MassHealth — all without going to court.

The law applies equally to grandparents, aunts, uncles, adult siblings, cousins, and family friends. The only requirements are that you are at least 18 and the child lives with you.

What You Can Do With the Affidavit

Once a parent signs the Caregiver Authorization Affidavit:

• Enroll the child in the local public school
• Sign permission slips, field trip forms, and sports waivers
• Attend parent-teacher conferences, disciplinary hearings, and IEP meetings
• Consent to medical, dental, and mental health treatment
• Pick up prescriptions and sign school nursing medication forms
• Access education and health records
• Complete MassHealth applications

This is concurrent authority. The parent keeps their rights and can override your decisions. But for day-to-day school and medical needs, the affidavit gives you the standing to act.

Support Resources in Massachusetts

Massachusetts Kinship Navigator: Run by DCF, this free statewide program helps both informal and formal kinship caregivers access services. Call 1-844-924-4546 for benefit navigation, childcare referrals, and legal resource connections. They offer live drop-in Zoom consultations Monday through Friday, 9:00 AM to 12:00 PM.

Commission on the Status of Grandparents Raising Grandchildren: A permanent state commission at 600 Washington Street, 6th Floor, Boston. Phone: 617-748-2454. They publish the Kinship Tip Sheet Series covering everything from an overview of your options to financial resources to substance use navigation, and maintain a directory of over 40 support groups across the state.

Massachusetts Legal Help: Free legal information and a legal aid directory at masslegalhelp.org. Regional legal aid offices provide pro bono representation for low-income caregivers who need to file for guardianship.

Family Resource Centers: Over 30 community-based centers across Massachusetts offering parenting programs, support groups, and crisis assistance.

When Court Action Becomes Necessary

The affidavit works when a parent, legal guardian, or legal custodian with authority is willing to sign. If no eligible authorizing person is available or willing to sign — for example, if the child's sole parent has died or no authorized person can be located — the affidavit cannot help. In those cases, petitioning for guardianship under M.G.L. c. 190B may be necessary. The base filing fee for a minor guardianship petition is $0, and additional costs can be waived for those who qualify.

The Massachusetts School and Medical Consent Guide brings all of this together: the affidavit process, school enrollment, medical consent, your rights as a caregiver, what to do when the parent cannot sign, and the support network available to you in the Commonwealth.

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