West Virginia Caregiver Consent Affidavit Under Code §49-2-703

What the Caregiver Consent Affidavit Actually Does

If you are raising a relative's child in West Virginia without a court order, the Caregiver Consent Affidavit for Health Care under W. Va. Code §49-2-703 is the statutory tool that lets you authorize medical treatment for a minor not placed in the custody of the Department of Human Services under Chapter 49 proceedings. It covers routine pediatric visits, dental exams, vaccinations, prescription medications, diagnostic imaging, and emergency care. It does not give you legal custody, and it does not authorize school enrollment on its own — its scope is healthcare.

The affidavit originally lived under the Caregiver Consent Act at §49-11-1 before West Virginia recodified Chapter 49. If you see older references to Article 11, they point to the same law now housed at §49-2-703.

Who Qualifies to Sign

Two categories of caregivers can execute this affidavit. First, a relative by blood, marriage, or adoption who is at least 18 years old — regardless of how long the child has lived with them. Second, a non-relative adult (18 or older) with whom the child has resided continuously for at least six months. In either case, the person cannot already be the child's legal custodian or guardian. That definition comes from W. Va. Code §49-1-204.

The affidavit also ordinarily requires the parent's, guardian's, or legal custodian's signature. There is a limited exception: if you have tried to obtain that signature but could not, the parent has not refused consent, and you describe your contact attempts in detail on the form, you can proceed without it. All three conditions must be met. If a parent has explicitly refused, you cannot use this affidavit — your path forward is a court petition for guardianship.

What It Covers and What It Does Not

Once properly executed and notarized, the affidavit authorizes:

• Routine and urgent medical care, including sick visits and well-child checkups
• Dental exams, cleanings, fillings, and extractions
• Immunizations and seasonal vaccines
• Prescription medications and pharmacy fulfillment
• Diagnostic lab work, blood panels, x-rays, and outpatient imaging
• Emergency room treatment and outpatient surgical procedures

Under §49-2-702, healthcare providers must honor a notarized caregiver affidavit unless they have actual knowledge that a parent, guardian, or legal custodian has made a contrary healthcare decision. Providers who rely on the affidavit in good faith receive civil, criminal, and professional immunity under §49-2-705.

The affidavit does not cover school enrollment, custody decisions, passport applications, or financial matters involving the child. It does not override an explicit parental prohibition on treatment.

Execution and Notarization

You must sign the affidavit under oath before a licensed notary public. West Virginia does not mandate a single standardized layout, but the former Department of Health and Human Resources (DHHR) published an official model form. Forms from Legal Aid of West Virginia or other advocacy organizations are legally valid as long as they contain every element required by §49-2-703.

Common places to find free or low-cost notary services include county clerk offices, local banks where you hold an account, public library branches, and Legal Aid of West Virginia field offices.

Validity and Renewal

The affidavit is valid for up to one year from the date of notarization. It expires automatically if the child stops living in your home. A parent, guardian, or legal custodian can revoke it at any time by providing written notice to the healthcare providers serving the child. If the affidavit is revoked, you must notify any provider or health plan involved in the child's care.

Because the one-year clock is strict, mark the expiration date somewhere you will see it. If you still have the child in your care at that point, execute a fresh affidavit. Letting it lapse means providers lose their statutory protection for honoring your consent, and some will decline to treat.

Filing a knowingly false statement on the affidavit is a criminal misdemeanor punishable by a fine of up to $1,000.

When the Affidavit Is Not Enough

The caregiver consent affidavit handles most day-to-day healthcare situations, but certain circumstances push beyond its reach. The affidavit ends if the child no longer resides in your home or if a parent, guardian, or legal custodian revokes approval by written notice to the health care professionals providing services. If the child needs voluntary inpatient psychiatric admission, an application must be made by the minor's parent or parents, the sole surviving parent, the custodial parent when the parents live apart, or a guardian with legal custody; if the minor is emancipated, the minor's own consent is also required under §27-4-1. And if institutional staff refuse the affidavit despite the statute, you have escalation options — ask for a written refusal, request an administrative review through the facility's risk management or patient advocate, and contact Legal Aid of West Virginia's kinship hotline at 304-414-5449 (Mondays 2–4 PM, except holidays) for direct intervention.

If you are navigating the full picture of school enrollment, medical consent, and everyday authority for a child in your care, our West Virginia school and medical consent guide walks through every instrument, from the affidavit to powers of attorney to guardianship, with tracking worksheets and step-by-step checklists.

See more West Virginia guides →