Using the New Mexico Caregiver Affidavit at the Dentist and Doctor

The Affidavit Works at Both the Doctor and the Dentist

When you walk into a pediatrician's office or a dental clinic with a child who is not legally yours, the front desk asks the same question: "Are you the parent or legal guardian?" If the answer is no, many offices freeze — they do not know what to do next.

The New Mexico Caregiver's Authorization Affidavit under NMSA § 40-10B-15 is the answer. If you are a relative under § 40-10B-3 and complete the additional medical-care fields on the affidavit, the notarized form gives you the same authority to authorize medical, dental, and mental health care as a court-appointed kinship guardian.

What to Bring to the Appointment

Before the first visit to any provider, assemble a small folder:

1. A copy of the notarized affidavit. The provider keeps this on file. Bring at least two copies — one for the doctor, one for the dentist.
2. The child's insurance card (Turquoise Care/Medicaid, private insurance, or CHIP). If the child has no insurance, the provider can still see them — and you can apply for Turquoise Care through YES New Mexico (yes.nm.gov).
3. Any medical records you have. Previous immunization records, allergy lists, medication lists. If you have nothing, say so — the provider will start a fresh chart.
4. Your photo ID. Some offices verify your identity against the affidavit.

At the Front Desk

Hand the intake clerk the affidavit and say: "I am this child's caregiver. This is a notarized Caregiver's Authorization Affidavit under New Mexico statute § 40-10B-15. It gives me authority to consent to medical [or dental] care for this child."

Most offices in Albuquerque, Las Cruces, and Santa Fe see the affidavit regularly and will process it without questions. Smaller clinics in rural areas may be less familiar. If the clerk looks confused, ask to speak with the office manager.

Dental Care Specifics

Dental offices sometimes hesitate more than medical offices, especially for procedures beyond a cleaning. The affidavit covers all outpatient dental care: cleanings, fillings, extractions, X-rays, fluoride treatments, and orthodontic consultations.

If the child needs dental work under sedation (nitrous oxide, oral sedation), most dental offices treat that as outpatient care covered by the affidavit. Full general anesthesia in an operating room is a different situation — that may require a court order or direct parental consent depending on the facility's policies.

For children enrolled in Blue Cross and Blue Shield of New Mexico's Turquoise Care plan, dental benefits are administered by DentaQuest. Check the child's plan card or provider directory for other managed-care plans.

When a Provider Refuses

A medical or dental office may be unfamiliar with the affidavit. It gives a relative authority to consent to medical, dental, and mental health care when the required portions are completed. Here is how to respond:

Cite the immunity clause. NMSA § 40-10B-15(E) protects a person who relies in good faith on a compliant affidavit, without actual knowledge of contrary facts, from criminal culpability, civil liability, and professional discipline for that reliance.

Ask for the reason in writing. If they still refuse, ask the office to put the reason in writing so you have it for any follow-up with the practice.

Escalate within the practice. Ask for the supervising physician or practice owner. Front-desk staff make gatekeeping decisions that the doctors themselves would not support.

Find another provider. If the office will not budge, move on. There are plenty of pediatricians and dentists in New Mexico who accept the affidavit without issue.

Document the refusal. Write down the date, the name of the person who refused, and the reason given. This record matters if you need to file a complaint or if the refusal pattern affects the child's care.

Emergency Care Does Not Need the Affidavit

Under NMSA § 24-10-2, a person standing in loco parentis to a minor may consent to emergency medical attention when the child's parents cannot be located after reasonable efforts. If the child has a medical emergency, seek emergency care immediately.

An adult acting in loco parentis may be able to provide that consent. The statute does not make the affidavit a prerequisite when the parent cannot be located after reasonable efforts.

Our New Mexico School and Medical Consent Guide includes a medical provider intake prep sheet and a refusal log so you can walk into every appointment prepared — and document what happens if anything goes wrong.

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