New Mexico Medical Consent for a Grandchild Without Custody

The Form That Gives You Medical Authority

New Mexico does not make grandparents jump through court hoops to get a child to the doctor. Under NMSA § 40-10B-15, a relative as defined in § 40-10B-3 who completes the additional medical-care fields of the Caregiver's Authorization Affidavit can authorize medical, dental, and mental health care for a child living in their home. The statute's model form numbers these added fields 5–7; the 2001 PDF currently posted by the courts numbers them 5–8.

The key word for the added medical authority is "relative" under § 40-10B-3. It includes a spouse, parent, stepparent, sibling, stepsibling, half-sibling, aunt, uncle, niece, nephew, first cousin, anyone denoted by the prefix "grand" or "great," or a spouse or former spouse of someone in those categories. The court-posted 2001 form also lists godparents, tribal or clan members, and adults with a significant bond under its older "qualified relative" definition; the current statute lists those as kinship relationships, not as relatives for this added medical authority.

What Medical Care the Affidavit Covers

With the additional medical-care fields completed (Items 5–8 in the court-posted PDF), you can consent to:

• Routine pediatric checkups and well-child visits
• Urgent care and walk-in clinic visits
• Dental cleanings, fillings, extractions, and orthodontic consults
• Childhood immunizations
• Mental health counseling and behavioral therapy
• Prescription medications, including picking them up from the pharmacy
• Diagnostic imaging (X-rays, ultrasounds)
• Lab work and blood tests

The affidavit is designed for standard outpatient care. It generally does not cover elective surgeries requiring general anesthesia, inpatient psychiatric admissions, or experimental clinical trials. Those situations typically require a court order or direct parental consent.

The Items 1–4 and Additional Medical-Care Fields

This catches many caregivers off guard. Items 1–4 of the affidavit cover enrollment and authorize the caregiver to consent to the medical care listed in the statute, including school-related care, immunizations, sports physical examinations, dental care, and mental health care. Any adult caregiver who is at least 18 and lives with the child can complete these, even a family friend who is not related to the child.

The additional fields authorize any other medical care, but only for a relative. On the court-posted 2001 PDF, Item 5 identifies you as a qualified relative, Item 6 addresses parent notification, Item 7 is your date of birth, and Item 8 is your New Mexico driver's license or other identification number. The amended statutory model form labels the corresponding information Items 5–7.

If you need care beyond the medical care authorized by Items 1–4, complete the additional medical-care fields before the appointment.

Getting the Child on Insurance: Turquoise Care

The affidavit gives you consent authority, but it does not make the child your dependent for insurance purposes. If the child does not have health insurance, they may qualify for Turquoise Care (New Mexico's Medicaid managed-care program). For most children, Medicaid uses income rules that consider taxable income and tax-filing relationships, so the child's low or zero income alone does not establish eligibility.

Apply through the Income Support Division (ISD) or online at YES New Mexico (yes.nm.gov). You do not need a court order to apply on the child's behalf. Bring the affidavit and the child's Social Security number.

What About Dental Care?

Dental consent works the same way as general medical consent. With the additional medical-care fields completed (Items 5–8 on the court-posted PDF), you can take the child to the dentist, authorize cleanings, fillings, and extractions, and sign treatment plans. Many New Mexico dental offices are less familiar with the affidavit than pediatricians are, so bring a copy of the notarized form and be prepared to explain it.

If the dental office hesitates, point them to NMSA § 40-10B-15(E). It 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.

When a Provider Refuses

It happens. An intake clerk who has never seen the affidavit may insist on a custody order. Here is what to do:

1. Show them the notarized affidavit and point to the notary seal.
2. Reference NMSA § 40-10B-15(E) — the provider protection for good-faith reliance on a compliant affidavit without actual knowledge of contrary facts.
3. Ask to speak with the office manager or supervising physician.
4. If the office still refuses, note the date, the staff member's name, and the reason given. Then find another provider. Most clinics in New Mexico will accept the affidavit.

For recurring refusals, the CYFD Kinship Navigator at 855-546-1212 can help advocate on your behalf.

HIPAA and Medical Records Access

Under HIPAA, a covered entity treats a person authorized under state law to make a minor's health-care decisions as a personal representative for information relevant to that authority, subject to exceptions. A relative who completes the additional fields can authorize other medical care under NMSA § 40-10B-15(B), but the affidavit does not make the caregiver a legal guardian. For an NMSIIS record, state rules say a parent or guardian may request a copy; ask the child's provider or public health office what documentation it accepts from a caregiver.

One exception: a teenager aged 14 or older with capacity can consent to disclosure of mental health or habilitation records under NMSA § 32A-6A-24(C), subject to the statute's limited treatment-related disclosures.

Our New Mexico School and Medical Consent Guide covers the full medical consent framework — from that first pediatrician visit to tracking immunizations, handling provider refusals, and understanding what happens when a teenager can consent on their own.

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