Massachusetts Caregiver Authorization Affidavit: What It Is and How It Works

What the Caregiver Authorization Affidavit Does

If you are a grandparent, aunt, uncle, or family friend raising a child in Massachusetts without a court order, the Caregiver Authorization Affidavit is the document that gives you legal standing to make school and medical decisions. It exists under Massachusetts General Laws Chapter 201F (M.G.L. c. 201F), enacted in 2008 specifically for situations like yours.

The affidavit lets you enroll the child in public school, sign permission slips, consent to medical and dental treatment, access health and education records, and apply for MassHealth on the child's behalf. You do not need to go to court, hire a lawyer, or pay any filing fee.

A parent, legal guardian, or legal custodian signs the affidavit to designate you as the caregiver. Once properly executed, it is valid for up to two years and can be renewed indefinitely.

Who Qualifies as a Caregiver

Under M.G.L. c. 201F, Section 1, a "caregiver" is any adult aged 18 or older with whom the child actually lives. The law does not require a blood relationship. Grandparents, aunts, uncles, adult siblings, cousins, and close family friends all qualify, as long as the child physically resides with them.

The person signing the authorization — the "authorizing party" — must be the child's parent, legal guardian, or legal custodian. They cannot be someone else acting on the parent's behalf.

What the Affidavit Does Not Do

The affidavit does not transfer legal custody. The parent keeps their full legal rights over the child. If the parent and the caregiver disagree about a school or medical decision, the parent's decision wins — that is written into the statute.

The affidavit also does not change child support orders, alter tax dependency status, or establish eligibility for federal benefits that require a court decree. It is a practical tool for daily life, not a custody arrangement.

How to Get the Form

The official form is a two-page document sometimes called "Appendix E." It is available as a free PDF from mass.gov. Search for "caregiver authorization affidavit" on the mass.gov site, or ask at any Probate and Family Court service center.

The form has four sections: the parent's authorization, two witness signatures, notarization, and the caregiver's acknowledgment. Each section must be completed correctly for schools and doctors to accept it. The execution requirements are specific — two adult witnesses who are not the caregiver, plus a notary public — and skipping any step can lead to the form being rejected.

How Long It Lasts

A properly executed affidavit is valid for the period written on the form, up to a maximum of two years. If no end date is listed, or if the date written is more than two years out, it automatically expires two years from the date of signing. There is no limit on how many times you can renew it — you simply execute a new affidavit when the current one expires.

When the Affidavit Is Not Enough

The affidavit requires a signature from a parent, legal guardian, or legal custodian with authority. If no eligible authorizing person is available or willing to sign — for example, if the child's only authorizing parent has died or cannot be located — you cannot use this form. In those situations, you may need to look into McKinney-Vento protections for immediate school enrollment, or petition the Probate and Family Court for guardianship under M.G.L. c. 190B.

The Massachusetts School and Medical Consent Guide for Kinship Caregivers walks through every step of executing the affidavit, the documents you need for school enrollment, how to handle medical consent, and what to do when the affidavit is not enough — including the escalation scripts and distribution logs that mass.gov does not provide.

See more Massachusetts guides →