How to Get Medical Consent for a Grandchild in New Mexico Without a Lawyer

You can get medical consent authority for a child in New Mexico without a lawyer, a court filing, or the parent's signature using the Caregiver's Authorization Affidavit. Items 1–4 authorize school enrollment and consent to the medical care listed in NMSA § 40-10B-15(A). Items 5–7 are additionally required for any other medical care, and a statutory relative completing all seven items has the same authority to authorize medical, dental, and mental health care as a Kinship Guardianship Act guardian. The affidavit is valid for no more than one year after execution. A notary may charge up to $5 for the jurat.

The catch — and it's significant — is understanding what the affidavit covers, what it doesn't, and what to do when a clinic receptionist has never heard of it and tells you that you need guardianship papers. That's the gap between having the legal right and being able to exercise it at 8 a.m. on a Tuesday when a child needs to see a doctor.

The Three Paths to Medical Consent (No Lawyer Required)

New Mexico offers three routes to medical consent authority without hiring a lawyer. Each has different requirements, durations, and scopes.

Items 1–4 authorize the listed medical care for a caregiver who completes the affidavit. The form says Items 5–7 are additionally required for any other medical care. Under Subsection B, a caregiver who is a relative as defined in § 40-10B-3 and completes all seven items has the same authority to authorize medical, dental, and mental health care as a Kinship Guardianship Act guardian.

Step by Step: The Affidavit Path

Step 1: Determine whether you're a relative under § 40-10B-3. The definition includes a spouse, parent, stepparent, sibling, stepsibling, half-sibling, uncle, aunt, niece, nephew, first cousin, a person denoted by the prefix "grand" or "great," or the spouse or former spouse of a listed relative. Godparents, members of the child's tribe or clan, and adults with a significant bond are identified as kinship relationships, but are not included in this statutory definition of "relative" for Subsection B.

Step 2: Get the form. The NM Courts Self-Help Center hosts the form at no cost. The court-posted PDF is labeled 2001 and still uses Items 1–8 and a qualified-relative checkbox; the 2017 statutory form uses Items 1–7. You can also find kinship resources through CYFD's Pull Together website.

Step 3: Complete the correct items. Items 1–4 authorize school enrollment and the medical care listed in Subsection A, including immunizations, sports physicals, dental care, and mental health care. Items 5–7 are additionally required for any other medical care. Item 5 asks you to state that you advised the parent or legal custodian and received no objection, or that you are unable to contact them. A caregiver who is a statutory relative and completes all seven items has the same authority as a Kinship Guardianship Act guardian to authorize medical, dental, and mental health care.

Step 4: Notarize the affidavit. You sign the affidavit under penalty of perjury before a New Mexico notary public. A notary may charge up to $5 for the jurat; a separately agreed travel fee can also apply. UPS stores, bank branches, and some public libraries in New Mexico offer notary services. The affidavit is valid for no more than one year after execution.

Step 5: Bring the affidavit to the provider. Present the notarized affidavit at intake. Under § 40-10B-15(E), a health-care provider is protected when acting in good-faith reliance, without actual knowledge of facts contrary to the affidavit, if the applicable portions of the form are complete. Pointing this out at intake can resolve most hesitation.

What Happens When the Clinic Says No

It happens more often than it should. The receptionist or intake coordinator has never seen the Caregiver's Authorization Affidavit. They ask for a guardianship order. They confuse the child's Turquoise Care (Medicaid) card with consent authority — having insurance doesn't give you the right to consent to treatment, and having consent authority doesn't mean the child has insurance. Two separate things.

When a provider refuses to see the child:

1. Present the affidavit and cite the statute. For health-care providers, point to the provider-reliance protection under NMSA § 40-10B-15(E), including its conditions: good-faith reliance, no actual knowledge of contrary facts, and completion of the applicable form portions.
2. Ask for the refusal in writing. Asking a front-desk employee to write down that they're refusing to treat a child despite a valid statutory document often resolves the situation immediately.
3. Escalate to the practice manager or medical director. The intake coordinator may not have authority to override policy. The medical director does.
4. Contact Pegasus Legal Services for Children (505-244-1101) or New Mexico Legal Aid. If the provider still refuses, these organizations can intervene. For immediate situations, the CYFD Kinship Navigator at 855-546-1212 can also make calls on your behalf.

Medical Consent vs Health Insurance: The Distinction That Trips Everyone Up

One of the most common points of confusion for New Mexico kinship caregivers: the affidavit gives you consent authority. It does not give the child insurance. And the child's Turquoise Care (Medicaid) card gives them coverage — it does not give you consent authority.

You need both. The affidavit lets you authorize treatment. The insurance pays for it.

If the child doesn't have Turquoise Care yet, apply through YES.NM.GOV. Eligibility is determined using the applicable household, income, and program rules, not the child's income alone. The application determines whether the child qualifies. Enrollment and consent are two separate processes that run in parallel — you don't need one to start the other.

When You Actually Need a Lawyer

The affidavit handles the vast majority of medical consent situations for kinship caregivers. You need an attorney when:

• You need legal custody or broader parental authority — the affidavit does not give you legal custody. A relative who completes all seven items does have the same authority as a Kinship Guardianship Act guardian to authorize medical, dental, and mental health care.
• A parent is actively contesting the placement — if the biological parent is objecting to the child being in your care, the affidavit doesn't resolve a custody dispute. You need legal representation.
• The child needs residential psychiatric treatment — residential admissions have separate statutory procedures; the affidavit itself does not establish a court guardianship or residential placement.
• You've been refused repeatedly despite a valid affidavit — if multiple providers are refusing, an attorney letter citing the statute often resolves institutional resistance.

For contested custody or a court kinship guardianship, Pegasus Legal Services for Children is the first call. New Mexico Legal Aid's family-law program currently considers applications only from domestic-abuse victims. Pegasus provides statewide kinship guardianship services. New Mexico Legal Aid's general income guideline is household income at or below 125% of the federal poverty guidelines; contact each organization about the case.

The Minor Self-Consent Framework

One piece of the puzzle that surprises many grandparents: under NMSA § 32A-6A-15, a child aged 14 or older is presumed to have capacity to consent without the legal custodian's consent to individual or group psychotherapy, guidance counseling, case management, behavioral or family therapy, counseling, substance abuse treatment, and other verbal treatment that does not include aversive interventions. If the teenager in your care needs one of these services, the statute gives them that consent authority. Separate rules govern capacity determinations and residential treatment.

This doesn't mean you're shut out. You can still be involved in the treatment with the minor's permission. But the legal authority to say yes to the appointment belongs to the teenager, not to you. Knowing this saves a needless confrontation with a provider who correctly tells you they don't need your signature.

Who This Is For

• A grandparent, aunt, uncle, or other relative under NMSA § 40-10B-3 raising a child in New Mexico who needs to take that child to a doctor, dentist, or counselor — and doesn't have a court order
• A caregiver who's been told by a clinic that they need "custody papers" to consent to the child's medical care
• Anyone trying to enroll a child in Turquoise Care while simultaneously establishing consent authority
• A family member searching on behalf of an older caregiver who needs clear, practical steps

Who This Is NOT For

• A caregiver who needs authorization for medical care beyond the types listed in Items 1–4 — Items 5–7 are additionally required for any other medical care; Subsection B gives statutory relatives who complete all seven items guardian-level medical authority
• A caregiver facing a contested custody situation — an attorney is necessary
• Someone seeking a residential psychiatric placement — separate statutory admission procedures apply, and the affidavit itself does not establish that placement

The Guide Option

The School and Medical Consent for Grandparents and Relatives in New Mexico puts the affidavit walkthrough, the medical consent pathways, the Turquoise Care enrollment process, the minor self-consent framework, and the refusal escalation protocol in one document with printable tools — the medical provider intake prep sheet, the consent authority comparison chart, and the institutional refusal log. Full refund, no time limit, if it doesn't help your situation. Email [email protected].

Frequently Asked Questions

Can a grandparent consent to dental care for a grandchild in New Mexico?

Yes. Subsection A authorizes a caregiver who completes Items 1–4 to consent to dental care. Items 5–7 are additionally required for any other medical care; a statutory relative who completes all seven items has the same authority as a Kinship Guardianship Act guardian. Present the notarized affidavit at intake. If the dental office hasn't seen one before, point to the provider-reliance protection in § 40-10B-15(E), subject to its statutory conditions.

What's the difference between having a Turquoise Care card and having consent authority?

Turquoise Care (New Mexico Medicaid) is health insurance — it pays for the child's treatment. The Caregiver's Authorization Affidavit is consent authority — it gives you the legal right to authorize treatment. You need both. Having one doesn't give you the other. A child can have a Turquoise Care card with no one authorized to consent to treatment, and a caregiver can have consent authority for a child who has no insurance.

Can I consent to mental health treatment for a teenager?

It depends on the teenager's age. Under NMSA § 32A-6A-15, children aged 14 and older are presumed to have capacity to consent to the verbal mental and behavioral health services listed in the statute without a legal custodian's consent. For children under 14, the affidavit authorizes the medical care listed in Subsection A, and Items 5–7 are additionally required for any other medical care.

How quickly can I get medical consent authority established?

Same day, in most cases. The affidavit is self-executing: fill it out, notarize it, and it's valid immediately. A notary visit takes 15 minutes. If you can get to a notary today, you have consent authority today.

Does the affidavit work for emergency room visits?

Emergency treatment follows separate rules. Under EMTALA, a Medicare-participating hospital with an emergency department must provide an appropriate screening when someone comes to the emergency department and requests examination or treatment. If the hospital finds an emergency medical condition, it must offer stabilizing treatment within its capabilities or an appropriate transfer. EMTALA does not require treatment when the person acting on the child's behalf refuses the offered care. The affidavit is relevant for non-emergency follow-up after the ER visit, such as discharge instructions, specialist referrals, and prescription refills.

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