A Caregiver's Authorization Affidavit is an official form based on California's recognition that adults who have minors living with them are “caregivers” who often want and need to take some responsibility for the minor's education and other care.
In order to protect seniors from undue influence by their caregivers, California enacted the Care Custodian Statute under California Probate Code section 21350. This statute is designed to prevent financial elder abuse by making testamentary gifts to care custodians presumptively invalid.
The form is also called a "Caregiver Authorization Affidavit." The form says you are sharing medical and educational decision-making power with the caregiver you name. You can find instructions from the Massachusetts Probate Court on how to fill out the form.
The Family & Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) both can provide protections to caregivers, such as leave of absence and claims for interference with these rights, as well as claims for retaliation against exercising rights to FMLA and CFRA leaves.
A guardian is different from a caregiver because when a child has a caregiver, either the caregiver or the parent can make decisions for the child. When a child has a guardian, only the guardian, not the parent, can make decisions.
A Caregiver's Affidavit will allow you to 1) enroll the child in school and 2) if you are a relative, consent to medical care on behalf of the child. If you are not a relative, you may consent to school-related medical care only and it is recommended that you obtain legal guardianship.
A guardian is different from a caregiver because when a child has a caregiver, either the caregiver or the parent can make decisions for the child. When a child has a guardian, only the guardian, not the parent, can make decisions.
IHSS program at-a-glance A Provider can be a family member, a friend or anyone who has completed the enrollment process through the Public Authority. You are blind, live with a disability or are 65 years of age or older. You must live at home in Santa Clara County. You must have Medi-Cal.
Caregiver Consent Form. A Caregiver Consent Form, prepared in advance, assures that the caregiver will be able to make medical decisions guided by health care professionals in your absence.