Do I Need Guardianship or a Caregiver Affidavit in California?

The Question Most Kinship Caregivers Start With

A child has come to live with you. You need to get them enrolled in school and to a doctor. Someone — a school registrar, a family member, a forum post — has told you that you need guardianship. Maybe you do. But for most caregivers in the first weeks and months, the Caregiver's Authorization Affidavit is faster, free and covers the two most urgent needs.

Here's how to decide.

What Each One Gives You

Caregiver's Authorization Affidavit (Family Code §§ 6550–6552):

• School enrollment under Education Code § 48204(a)(5)
• School-related medical care (all caregivers, items 1–4)
• Full routine medical and dental consent (relatives only, items 5–8)
• Signed by you alone — no parent, no court, no notary
• Free. Takes 15 minutes to fill out
• Can be overridden by a parent at any time

Probate Guardianship (Probate Code § 1500 et seq.):

• Full legal authority over the child — residence, school, all medical decisions, travel
• Cannot be unilaterally overridden by a parent (they must petition the court)
• A Caregiver's Authorization Affidavit or private medical delegation does not replace the State Department's consent process for a child's passport; a court order may be needed when parental consent is unavailable
• A Caregiver's Authorization Affidavit does not make the child a dependent for health coverage; check your plan's eligibility and documentation rules
• In most counties, the filing fee for a guardianship of the person is $225; a few counties charge $35–$50 more. Investigation and other fees are additional
• California Courts says a general case takes at least a month, usually longer; a temporary guardianship request can get an earlier hearing

When the Affidavit Is Enough

The affidavit handles the immediate, everyday needs. Use it when:

• The parent isn't objecting. They're absent (rehab, incarceration, out of state) or they consent to you caring for the child but aren't available to sign things.
• You need to enroll the child now. The affidavit can establish district residency without a court process. Immunization and other school-entry requirements still apply.
• You need routine medical care. For relatives, the affidavit provides the same medical consent authority as a guardianship.
• The arrangement might be temporary. If the parent is in a 90-day treatment program and the child will likely return, the affidavit is proportional to the situation.

When You Need Guardianship

Guardianship becomes the right choice when:

• A parent is actively objecting to your care and you believe the child would be harmed by removal. The affidavit can't protect against a parent who shows up and takes the child.
• A ward age 14 or older needs surgery without the ward's consent. Probate Code § 2353 generally requires the ward's and guardian's consent or a court order, except for a qualifying emergency. Psychotropic medication for a dependent foster youth requires a separate court order using Form JV-220.
• Your health plan requires court documents. Confirm the plan's eligibility and documentation rules before filing. A Caregiver's Authorization Affidavit does not confer dependency for health coverage.
• You need passport authority and a parent cannot provide consent. The State Department has specific procedures for minor passport applications; an affidavit or private medical delegation is not a substitute, and a court order may be needed.
• An institution won't accept the affidavit despite your best efforts. This shouldn't happen under the law, but if a school district or major healthcare system refuses to budge after escalation, a guardianship order ends the argument.
• You want legal permanence. If the child is going to be with you for years, guardianship provides stability that the affidavit — which a parent can override at any time — doesn't.

The Practical Path

Most kinship caregivers follow this sequence:

1. Start with the affidavit. Get the child enrolled in school and to a doctor. This handles the crisis.
2. Assess the parent situation. Is the parent coming back soon? Are they cooperative? Are they contesting your care?
3. File for guardianship if and when you need it. The affidavit and guardianship aren't mutually exclusive. You can use the affidavit now and file for guardianship later when the situation is clearer.

Filing for guardianship in the first week, when you're still in crisis mode and may not have all the information, is usually premature. The affidavit buys you the time to make a more informed decision.

The Cost Question

The affidavit is free. In most counties, filing for guardianship of the person costs $225, with investigation and other fees added; a few counties charge $35–$50 more for filing. Fee waivers can cover filing and investigation fees, and for a proposed guardian the court looks at the child's income and ability to pay. Attorney fees are separate. Free legal aid organizations — Alliance for Children's Rights, Public Counsel, Legal Services of Northern California — handle kinship guardianship cases.

Don't spend money on guardianship you don't need yet. But don't avoid it when you do.

Getting the Details

The California School and Medical Consent Guide includes a step-by-step decision flowchart for choosing between the affidavit, a power of attorney, and guardianship based on your specific situation.

See more California guides →