In Loco Parentis Manitoba

What the In Loco Parentis Form Does

In Loco Parentis is Latin for "in the place of a parent." In Manitoba, the Legal Aid Manitoba In Loco Parentis Acknowledgement and Agreement is a signed document where the child's legal parent or parents and a relative caregiver confirm that the caregiver is taking on day-to-day parenting responsibilities for a child.

This form is not a court order. It doesn't transfer legal custody or guardianship. What it does is satisfy Employment and Income Assistance (EIA) documentation requirements so the caregiver can access child-only financial support under Section 5(1)(f) of The Manitoba Assistance Act — without going to court.

Before this form existed, kinship caregivers often got stuck in a bureaucratic loop: EIA wanted proof of the care arrangement, but the only proof that existed was a court order, and court orders cost money and time that crisis-driven kinship placements rarely have.

How It Replaced the Guardianship Agreement

If you've been searching and found references to a "Legal Aid Manitoba Guardianship Agreement," you're looking at the older version of the same form. EIA Directive #2017-20 replaced the Guardianship Agreement with the In Loco Parentis Acknowledgement and Agreement.

The change wasn't just a rename. The new form more accurately describes the legal relationship — the caregiver is acting in the place of a parent, not becoming the child's legal guardian. That distinction matters because calling it a "guardianship agreement" confused people into thinking they had formal legal guardianship when they didn't.

Existing arrangements documented with the old Guardianship Agreement are still accepted by EIA. But any new arrangement initiated after Directive #2017-20 needs to use the In Loco Parentis form.

Where to Get the Form

Contact Legal Aid Manitoba. The form is available through their offices in Winnipeg, Brandon, Thompson, The Pas, and Dauphin. Phone: 1-800-261-2960.

Legal Aid staff can help the parent and caregiver understand what they're signing. The form requires signatures from both parties — the legal parent acknowledging the transfer of day-to-day care, and the caregiver accepting that responsibility.

What If the Parent Won't Sign

This is the most common obstacle. If the legal parent can't be located, refuses to cooperate, or is incapacitated, the In Loco Parentis form can't be completed as designed.

Alternative paths:

• Child and Family Services written confirmation — if a CFS agency is aware of and approves the informal care arrangement, EIA accepts their written confirmation in place of the Legal Aid Manitoba form
• Court order — a guardianship or parenting order from the Court of King's Bench (Family Division) using Form 70F definitively establishes the care arrangement
• Statutory declaration — in some cases, EIA may accept a sworn statement explaining why parental cooperation isn't possible, combined with other evidence of care

The key principle is that EIA needs some documentation showing the arrangement is real and the child genuinely lives with the caregiver. The In Loco Parentis form is the smoothest path, but it's not the only one.

What the Form Unlocks

With a signed In Loco Parentis agreement, the caregiver can:

• Apply for EIA Section 5(1)(f) child-only financial assistance — monthly basic needs, shelter adjustment, health coverage, and school allowances for the child
• Submit Form RC66 to the CRA to claim the Canada Child Benefit — the agreement serves as third-party proof of care
• Register the child for school and consent to medical care in most practical situations, though some institutions may still request additional documentation

What It Doesn't Do

The form is revocable by the parent at any time. It doesn't prevent a parent from returning and resuming care. It doesn't give the caregiver authority to make major legal decisions about the child's life — decisions like consenting to surgery, changing the child's legal name, or relocating with the child out of province.

Not all third parties recognize it equally. Some school divisions accept it without question; others want a court order for enrollment. Medical providers vary in their requirements. If institutions push back, a formal guardianship order through the court removes ambiguity.

The Manitoba Kinship Financial Help Guide covers the full process of completing the In Loco Parentis form and what to do at each step — including how to handle refusals from parents or pushback from institutions.

See more Manitoba guides →