Hawaii Caregiver Consent Affidavit: What It Is and How to Get One

What the Hawaii Caregiver Consent Affidavit Actually Does

If you're a grandparent, aunt, uncle, or family friend raising a keiki in Hawaii without a court order, a caregiver consent affidavit is the document that lets you handle school enrollment and medical care without dragging anyone into Family Court. Hawaii has two separate affidavit statutes, and understanding which one does what saves you from walking into a school office or clinic unprepared.

The medical caregiver consent affidavit under HRS § 577-28 (Act 208, enacted 2005) authorizes you to consent to primary care, preventive care, dental work, immunizations, diagnostic testing, prescriptions, and outpatient mental health services for the child. The educational caregiver consent affidavit under HRS § 302A-482 (Act 99, enacted 2003) authorizes you to enroll the child in public school and consent to curricular and co-curricular activities.

These are two distinct documents serving two different institutional systems. You may need both.

Who Qualifies to Sign

Both statutes use the same eligibility test. You must be at least 18 years old and meet one of two conditions:

• You are related to the child by blood, marriage, or adoption — grandparents, aunts, uncles, adult siblings, and step-relatives all qualify immediately
• You have lived continuously with the child for at least six months — this covers hanai family members, godparents, and family friends

Relatives have no waiting period. Non-relative caregivers must establish six months of co-residence before the affidavit carries legal weight.

How to Execute Each Affidavit

The medical affidavit (HRS § 577-28) must be signed under oath and notarized by a Hawaii-commissioned notary public. You sign in the notary's physical presence — forms signed beforehand get rejected. Bring government-issued photo ID.

The affidavit requires your full legal name, date of birth, address, and ID number, plus the child's name and date of birth. You'll state the relationship and either include the parent's signature or document your attempts to reach them.

The educational affidavit uses a form provided by the Department of Education. You'll find it at the school's administrative office, typically through the SASA (School Administrative Services Assistant) or Vice Principal.

What the Affidavit Does Not Do

This matters as much as what it does. Under both HRS § 577-28 and HRS § 302A-482, the affidavit:

• Does not give you legal custody
• Does not change the parent's rights
• Does not affect tax dependency or child support obligations
• Does not authorize you to get the child a passport, state ID, or driver's permit

If Child Welfare Services takes custody of the child under HRS Chapter 587A, the affidavit becomes inapplicable — state custody supersedes informal consent.

Provider Protections Make Acceptance Easier

One of the strongest features of HRS § 577-28 is the statutory immunity provision. Any healthcare provider who relies on a notarized caregiver affidavit in good faith is protected from civil liability, criminal liability, and professional disciplinary action. That protection lasts even if a parent later revokes consent — services rendered before written revocation reaches the provider stay covered.

If a clinic hesitates to accept your affidavit, the immunity clause is your leverage point. The law protects them for accepting it.

Where to Get Notary Services

Hawaii notary services are available at most bank branches, credit unions, shipping centers, and court self-help offices. Expect to pay $5–$15 per signature. Keep the original notarized document and bring certified copies to each intake appointment.

For free help preparing the forms, the Legal Aid Society of Hawaii publishes instruction packets and is available on every major island: Oahu (808-536-4302), Maui (808-244-3731), Kauai (808-245-7580), and the Big Island in both Hilo (808-934-0678) and Kona (808-329-8331).

Our Hawaii School and Medical Consent Guide walks through both affidavits step by step, with document preparation checklists, a parent contact attempt log, and escalation scripts for when a front desk says no.

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