Grandchild Living with Grandparent in NJ: What Paperwork Do You Need?

The Paperwork Problem

You took in your grandchild — maybe last week, maybe a few months ago — and now you are running into walls. The school wants proof you have authority to enroll them. The pediatrician wants a parent's signature for vaccinations. The insurance company wants to know your legal relationship. None of these organizations is trying to make your life harder, but none of them was designed for your situation either.

New Jersey does not have one universal form that covers everything. Instead, you need different documents for different purposes. Here is what you actually need, in the order most caregivers encounter the need.

Document 1: The School Enrollment Affidavit

If the child needs to start or continue school in your district, New Jersey law (N.J.S.A. 18A:38-1(b)(1)) allows you to enroll them without a custody order. You fill out a sworn affidavit — usually the district's own form — stating that the child lives with you, that you support them without payment from the parent, and that the arrangement exists because of a family or economic hardship. The parent does not need to sign this.

You will also need proof that you live in the school district (lease, deed, utility bills) and, eventually, the child's immunization records and proof of identity. A birth certificate or other proof of identity may be submitted within 30 days after enrollment.

The district must enroll the child provisionally while it reviews residency. If it denies enrollment, it must give you written notice; you have 21 calendar days from receiving the notice to appeal to the Commissioner of Education. If you appeal within that window, the child must remain enrolled tuition-free while the appeal is pending. Details on handling a refusal are in our school enrollment denial post.

Document 2: The Power of Attorney for a Minor Child

For medical appointments, dental visits, prescription pickups, and general daily care decisions, you need a Power of Attorney (POA) under N.J.S.A. 3B:12-39. This document is signed by the child's parent and delegates authority to you for up to one year.

The POA requires:

• The delegating parent's signature
• Consent from the second parent, unless that parent is deceased or incapacitated, or a certification that the parent meets the statute's definition of unavailable — not involved in the child's life for at least two years or one-third of the child's life (whichever is less), identity or whereabouts unknown, or unreachable after diligent efforts
• Two witnesses

If a parent who has authority to delegate cannot sign, the exception for a second parent's consent does not let you execute the POA in their place. That exception applies only to the required consent from the other parent. If no parent, custodian, or court-appointed guardian can delegate authority, the POA pathway does not work; the school affidavit may cover enrollment, while medical authority requires another legally recognized route.

A POA expires after one year and must be renewed. Our duration guide covers expiration, renewal, and the six-month emergency extension.

Document 3: Health Insurance

If the child does not have active health insurance, apply for NJ FamilyCare (the state Medicaid and CHIP program) through MyNJHelps, njfamilycare.org, or a county Board of Social Services. A caregiver can apply for child-only coverage without legal custody. Children's eligibility extends up to 355% of the Federal Poverty Level, and a child-only application is evaluated on the child's income, not the caregiver's adult household income. Insurance coverage does not itself give you authority to consent to treatment.

If the child is already covered under a parent's employer plan, you may be able to continue using that coverage — but you will need the insurance card and, for some claims, the parent or policyholder's authorization.

Document 4: The Emergency Contact and Consent Packet

Even with a POA and school enrollment in place, keep a packet in the car or your bag for unexpected situations — a sports injury at school, a dental emergency, an urgent care visit. The packet should include:

• A copy of the POA (if you have one)
• The child's insurance card
• A list of the child's medications and allergies
• The name and phone number of the child's pediatrician
• Your contact information as the primary caregiver
• Emergency contacts (a second trusted adult who can be contacted if you are unavailable)

When These Documents Are Not Enough

The POA and school affidavit cover everyday life for most kinship families. But there are situations where you will need a court order:

• The parent actively contests the arrangement and demands the child back
• A hospital refuses the POA for surgery or general anesthesia
• You need a passport or another major legal decision. For a U.S. passport application for a child under 16, federal rules require written consent from both legal parents. If a non-parent caregiver or one parent applies without both signatures, the application must include State Department Form DS-5525 explaining why consent cannot be obtained; an informal POA is generally insufficient without explicit court authorization. Ask legal aid what authority applies to other major decisions.
• The parent has been absent long-term and the POA can no longer be renewed
• You need financial support with separate eligibility rules; ask the NJ Kinship Navigator or DCP&P caseworker which programs apply

In those cases, Kinship Legal Guardianship (KLG) or a court-appointed guardianship may be among the formal options. Ask a legal aid attorney which process fits your circumstances. Our court order guide walks through the decision.

Getting Started

The New Jersey School and Medical Consent Guide puts all of these documents and decision points into one organized package — including a consent authority matrix that shows exactly which document you need for each situation (school, doctor, dentist, pharmacy, emergency room, insurance) and what to do when an institution refuses to accept it.

See more New Jersey guides →