Missouri Caregiver Authorization Affidavit: RSMo 431.058 Explained

What the Relative Caregiver Affidavit Does

The Relative Caregiver Affidavit under RSMo 431.058 is Missouri's backup instrument for situations where a parent cannot sign a Power of Attorney. Enacted in 2014, it allows a competent adult relative — related by blood, marriage, or adoption — to consent to educational services and medical treatment for a child in their care.

Only the caregiver signs. No parental signature is required. The affidavit must be notarized.

When You Can Use It

RSMo 431.058 applies in two situations:

1. The parent has already delegated authority in writing — perhaps through a letter or informal note, but not a full POA
2. The caregiver cannot contact the parent after making reasonable efforts — phone calls, text messages, certified mail, visits to the last known address

If the parent is available and willing to sign, a Power of Attorney under RSMo 475.602 is the better instrument because it grants broader authority and is more widely recognized by institutions. The Caregiver Affidavit is specifically designed for when parent cooperation is not possible.

What It Authorizes

The affidavit covers two categories:

Educational services: Enrollment in school, participation in all school activities and extracurriculars, signing permission slips, and attending parent-teacher conferences.

Medical treatment: Under RSMo 431.061, the caregiver can consent to medical care, surgical procedures, immunizations, dental work, and routine healthcare. Healthcare providers acting in good faith may rely on the affidavit without investigating the caregiver's claims.

What It Does Not Do

The Caregiver Affidavit is not a custody order. It does not:

• Transfer legal custody from parent to caregiver
• Establish child support obligations
• Create public benefit entitlements automatically
• Override existing family court or juvenile court orders
• Grant authority for inpatient psychiatric admission (that requires a parent or court-appointed guardian under RSMo 632.110)

The Parent Override Rule

Under RSMo 431.058.3, if a parent surfaces and makes a decision that conflicts with the caregiver's, the parent's decision wins. The only exception: if following the parent's decision would pose an immediate threat to the child's life, health, or safety, the caregiver's decision stands.

This means a parent who was previously unreachable can reappear and override your medical or school decisions. The affidavit preserves parental rights — it does not diminish them.

CS-350 Is Not the Same Thing

Missouri's Children's Division issues Form CS-350, the "Adoption and Guardianship Subsidy Program Brochure." It concerns subsidy programs for children formally placed in state custody or through a licensed child-placing agency; it is not a general school or medical consent form for informal caregivers. If someone directs you to CS-350 when you are caring for a child privately, clarify whether they mean a subsidy program or a consent form.

Duration

The affidavit expires one year from the date it is first presented to a school or healthcare provider. Like the POA, there is no automatic renewal — you must execute a new affidavit before the original expires.

How to Complete It

1. Confirm you are related to the child by blood, marriage, or adoption
2. Document your reasonable efforts to contact the parent (dates, methods, outcomes)
3. Prepare the affidavit with the child's identifying information and your contact details
4. Visit a notary public to have the document notarized
5. Present the notarized original to the child's school and medical providers
6. Keep copies in your records and note the one-year expiration date

For free help, call MO KIN-4-KID at 1-833-546-4543. The Missouri school and medical consent guide covers both the Caregiver Affidavit and the Power of Attorney, with a decision map showing which instrument fits your situation.

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