Kentucky Grandparent Consent for Medical Treatment: What the Affidavit Covers

The child living with you has a toothache, needs a check-up, or is due for school immunizations — and the receptionist wants to know who has medical decision-making authority. If you're a grandparent or relative raising a child in Kentucky without a court order, the Caregiver Authorization Affidavit under KRS 405.024 is what makes these appointments possible.

What Medical Care You Can Authorize

KRS 405.024 defines "health care treatment" broadly. With a valid, notarized affidavit, you can consent to:

• Physical examinations and diagnostic testing
• Dental exams and routine dental treatment
• Hospitalization and outpatient procedures
• Developmental and mental health screenings
• CDC-recommended immunizations
• Well-child pediatric visits and routine blood work
• Occupational, physical, and speech-language therapy

This covers the vast majority of what a child needs day to day. You can schedule annual physicals, get cavities filled, keep immunizations current, and authorize therapy sessions.

What You Cannot Authorize

The statute draws clear lines. A caregiver affidavit explicitly cannot be used to consent to:

• A procedure to terminate a pregnancy
• Pregnancy testing
• HIV or AIDS testing
• Controlled substance testing
• Any other testing for which a separate court order or informed consent is required under other applicable law

The caregiver affidavit does not authorize you to consent to these matters. Ask the provider what consent rule applies, because other laws may give a minor independent consent rights.

Emergencies Don't Wait for Paperwork

Under KRS 214.185(5), a healthcare professional can treat a minor without parental or caregiver consent when, in the professional's judgment, the risk to the child's life or health is such that treatment should be given without delay and requiring consent would delay or deny treatment. If a child in your care needs emergency medical attention, get them to the hospital. Paperwork is secondary to saving a life.

When Teenagers Can Consent for Themselves

Kentucky law gives minors independent consent rights in specific situations. This matters because it means the teenager doesn't need your signature — or anyone else's:

• STI testing and treatment: any age
• Contraception and pregnancy care: any age (excluding abortion and sterilization)
• Substance use disorder treatment: any age
• Outpatient mental health counseling: a physician may provide it to a child age 16 or older on request; a qualified mental health professional may do so if the child is an unaccompanied youth
• Voluntary psychiatric admission: age 16 and older

When a minor consents to care under these provisions, record-access rules depend on the service and applicable law. A provider may inform a parent or legal guardian about treatment given or needed if, in the provider's judgment, doing so would benefit the minor's health. Ask the provider about confidentiality before the visit.

What to Bring to the Doctor's Office

When you take the child to an appointment, have these documents ready:

1. Your original notarized caregiver authorization affidavit
2. Your government-issued photo ID
3. The child's medical history, current medications, and allergy information
4. Active health insurance cards — Medicaid, KCHIP, or commercial coverage

Front-desk staff at clinics and hospitals sometimes hesitate when they see an affidavit instead of a custody order. KRS 405.024(8)-(9) protects good-faith reliance: a provider has no duty to investigate further and is not subject to civil or criminal liability or professional discipline because of that reliance. The statute does not remove liability for negligent treatment.

Getting the Child Insured

If the child doesn't have health coverage, you can apply for Kentucky's Children's Health Insurance Program (KCHIP) or Medicaid through the kynect benefit portal at kynect.ky.gov. Kentucky permits relative caregivers to sign applications on behalf of a child living in their home without requiring court custody. Medicaid and KCHIP use program-specific eligibility rules, so the affidavit does not determine financial eligibility.

For a complete walkthrough of the medical consent process — including what to do when a provider refuses the affidavit and how to navigate KCHIP enrollment — our Kentucky school and medical consent guide covers every step.

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