New Mexico Caregiver Authorization Affidavit

What the Caregiver's Authorization Affidavit Actually Is

If you are raising a child in New Mexico without a court order — as a grandparent, aunt, uncle, older sibling, or family friend — the Caregiver's Authorization Affidavit is the document that lets you handle school enrollment and medical care. It is a sworn statement you sign before a notary, and it does not require a parent's signature.

The form is created by NMSA 1978, § 40-10B-15, part of the Kinship Guardianship Act. The New Mexico Courts Self-Help Center hosts the official version as form S.F. 40-10B-15. It is free to download.

The affidavit is not a court order. It does not change custody, terminate anyone's parental rights, or create a legal guardianship. What it does is give schools and doctors a legally recognized basis to work with you instead of turning you away.

The Two-Track Structure: Items 1–4 and Additional Medical-Care Fields

The form has a built-in split that trips up many caregivers.

Items 1–4: Any caregiver who is at least 18 and lives with the child can complete these items. They authorize enrollment in K–12 school, Head Start, preschool, child-development, and early-intervention programs; school-contact duties; and the medical care listed in the statute, including school-related care, immunizations, sports physical examinations, dental care, and mental health care.

Additional medical-care fields: Under NMSA § 40-10B-15(B), a caregiver who is a relative under § 40-10B-3 and completes the additional fields has the same authority to authorize any other medical, dental, and mental health care as a kinship guardian. The statute's model form has seven numbered items. The courts currently post a three-page PDF labeled 2001 with eight items: Item 5 identifies a "qualified relative," Item 6 addresses parent notification, Item 7 is the caregiver's date of birth, and Item 8 is identification.

A family friend who is not a relative can still complete Items 1–4 for enrollment and the medical care listed above. Broader medical-care authority requires a relative to complete the additional fields, a parent- or guardian-signed Power of Attorney, or a court order.

Who Counts as a Relative for the Added Medical Authority

For the added authority under § 40-10B-15(B), you must be a relative under the current definition in § 40-10B-3. It includes the child's:

• Grandparent, great-grandparent, or any "grand" or "great" relative
• Aunt, uncle, niece, or nephew
• Sibling, half-sibling, stepsibling
• Stepparent
• First cousin
• Spouse or former spouse of any person listed above

The court-posted 2001 form's broader "qualified relative" definition also lists godparents, members of the child's tribe or clan, and adults with a significant bond. The current statute lists those as kinship relationships, not as relatives for the added medical authority. If you do not meet the § 40-10B-3 relative definition, you can still complete Items 1–4 for enrollment and the medical care listed in the statute.

How to Fill Out the Form

The court-posted PDF is three pages. Its numbered items ask for:

• Item 1: The child's full legal name.
• Item 2: The child's date of birth.
• Item 3: Your full legal name.
• Item 4: Your home address (where the child lives with you).
• Item 5: Whether you are a qualified relative.
• Item 6: A checkbox about parental notification. You check one of two options: that you told the parent and received no objection, or that you cannot contact the parent.
• Item 7: Your date of birth.
• Item 8: Your New Mexico driver's license or other identification number. If you do not have it, the instructions say you can provide an alternative such as a Social Security number or Medicaid number.

After completing all applicable items, you sign the form under penalty of perjury before a notary public. The notary adds their seal and signature.

What About the Parent?

You do not need a parent's signature on this form. That is the whole point — it exists for situations where the parent is unavailable, incarcerated, in treatment, or otherwise unable to sign. On the court-posted PDF, Item 6 asks whether you notified the parent or are unable to contact them.

However, a parent's explicit decision about the child's health care overrides yours under NMSA § 40-10B-15(D). The one exception: if the parent's choice jeopardizes the child's life, health, or safety.

If a parent actively objects to you caring for the child, the affidavit cannot resolve that dispute. You would need to pursue kinship guardianship through the district court.

How Long It Lasts

The affidavit is valid for no more than one year from the date it is executed. After that, you execute a new one if the child is still in your care. There is no formal "renewal" process — you simply complete a fresh form and have it notarized again.

If the child moves out of your home before the year is up, you are required to notify every school, doctor, insurer, and agency that received a copy.

Where to Get It Notarized

Most banks (Wells Fargo, Bank of America, credit unions) offer free notary services to account holders. UPS Store notary service is available at participating locations; New Mexico caps an acknowledgment or jurat at $5 per notarial act. FedEx Office's notary service is online, not in-store, and starts at $25 for one document; you can print the notarized document at a FedEx Office location. Some public libraries in Albuquerque and Las Cruces offer free notary days. The CYFD Kinship Navigator helpline (855-546-1212) can help you find a free or low-cost notary in your area.

What the Affidavit Gets You

With a properly completed and notarized affidavit, you can:

• Enroll the child in a New Mexico public school, charter school, Head Start, or preschool
• Consent to the medical care listed in the statute, including school-related care, immunizations, sports physical examinations, dental care, and mental health care
• Act as the school's primary contact person
• Consent to any other medical, dental, and mental health care (if you are a relative and complete the additional fields)
• Request medical and educational records; whether a provider or school may release particular records depends on your authority under HIPAA, FERPA, and state law
• Pick up prescriptions

The form does not cover elective surgery under general anesthesia, inpatient psychiatric admission, or experimental treatments. Those typically require a court order or direct parental consent.

Our New Mexico School and Medical Consent Guide walks through every section of the affidavit with worked examples, plain-English explanations of Items 1–4 and the additional medical-care fields, and a refusal protocol for when a school or clinic pushes back.

If you are trying to sort out the paperwork for a child who just arrived in your home, the complete guide gives you the full picture — forms, checklists, and step-by-step instructions for every situation you are likely to face.

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