Montana Grandparent Consent Form for School and Medical Care

Montana Doesn't Use a Single Consent Form

If you're searching for one universal Montana grandparent consent form, you won't find it — because Montana splits the authority across separate statutory instruments. Which ones you need depends on whether the parent can sign and what kind of decisions you're making.

There are three main forms:

1. Caretaker Relative Educational Authorization Affidavit (MCA 20-5-503) — for school enrollment and educational decisions when the parent is unavailable. You sign it yourself; the parent doesn't.
2. Caretaker Relative Medical Authorization Affidavit (MCA 40-6-502) — for routine medical, dental, and mental health care when the parent is unavailable. Same deal: you sign under oath, no parental signature needed.
3. Minor Power of Attorney (MCA 72-5-103) — for both school and medical authority when the parent is available and willing to sign. This one requires the parent's signature.

Which Form Do You Need?

When each affidavit's conditions are met: Use both statutory affidavits. Both require that a parent voluntarily left the child with no definite return date, the child lives with you full-time, and no adequate provision already covers the relevant decisions. For school enrollment, you must be unable to contact either parent or a parent you can contact must be unable or unwilling to regain custody. For medical care, you must be unable to locate or contact the parent to notify them of your intended authorization, or the parent must refuse to regain custody after you ask in writing. The educational affidavit handles school; the medical affidavit handles healthcare.

Parent is reachable and willing to cooperate: A Minor Power of Attorney is usually the cleaner path. The parent signs it, and it delegates both educational and medical authority in one document. It's valid for up to six months.

You're not related by blood, marriage, or adoption: The statutory affidavits are off limits — they're restricted to relatives. A family friend needs the parent to sign a Power of Attorney, or, if the parent is unavailable, a court-ordered guardianship.

Filling Out and Notarizing

Both affidavits must substantially follow the forms printed in the Montana Code and include their required bold-caps warnings about false swearing penalties. A generic form that fails those requirements is invalid under MCA 20-5-503(9) or MCA 40-6-502(9).

For each affidavit, you fill in names, dates of birth, your address, and the family relationship. The education form attests that a parent left the child with no definite return date, that the child lives with you full-time, and that no adequate educational provision exists. The medical form also attests that you cannot locate or contact the parent to give notice of the intended authorization, or the parent has refused to regain custody after your written request. Sign each affidavit before a Montana notary public.

The Power of Attorney follows a similar process, except the parent is the one who signs it. Notarization is not required for execution, but under MCA 72-31-305, acknowledging the signature before a notary makes it presumptively genuine.

Where to Present Them

• School affidavit: District admissions office, along with proof of your address, the child's birth certificate, and immunization records.
• Medical affidavit: Your pediatrician, dentist, pharmacy, and any specialist the child sees. Keep copies — each provider needs one.
• Power of Attorney: Both school and medical providers, since it covers both domains.

Keep the notarized originals safe and hand out copies. If you revoke the documents or the child moves out, Montana law requires you to send written notice to every person or institution that received a copy.

Duration and Renewal

The educational affidavit lasts until the earliest of the end of the first school year after delivery, revocation, or the child no longer living with you. The medical affidavit lasts until the earliest of six months after signing, revocation, or the child no longer living with you. The Power of Attorney has a six-month cap, except for active-duty U.S. military members, Montana National Guard members serving more than 180 continuous days on duty under Title 10 or Title 32 of the U.S. Code or on state military duty defined in MCA 10-1-1003, and federal reserve members serving more than 180 continuous days on duty under Title 10 of the U.S. Code.

Our Montana School and Medical Consent guide explains each form in detail, walks through the decision tree for your specific situation, and includes checklists for what to bring to the school district and doctor's office.

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