The answer is yes. I recently researched this issue when a friend that is a single parent of two teenagers whose job requires her to be out-of-state often had to scramble to get someone to physically get her children from the hospital. One child was injured and needed to go to the emergency department. The other child was able to take the injured child, but they were not allowed to leave the hospital until an adult was present. This happened in the middle of the night and luckily the friend was able to get another friend to go to the hospital for her and consent to the two minors leaving.
In my research, I found three options, but only one of them worked for my friend. The first option is to have a guardian of the person appointed. This did not make sense because my friend, as the parent, is able to perform all the duties that a guardian of the person performs and she only needs someone occasionally when she is out of town. Plus, there is no reason to go to the expense of a court process to appoint a guardian of the person for only a periodic need.
The second option is a Caregiver’s Affidavit. I discuss these Affidavits in my June 28, 2023 blog post. A Caregiver’s Affidavit is a great alternative to a guardianship because it gives a caregiver the authority to enroll a minor in school and to consent to medical treatment. However, there are limitations such that the caregiver has to be a family member, and the minor has to reside with the caregiver. My friend did not have a family member near her and her children reside with her.
What worked for my client’s situation is an Authorization for Care Provider to Consent to Medical or Dental Treatment of Minor discussed in Family Code Section 6910. That code section provides that “The parent, guardian, or caregiver of a minor who is a relative of the minor and who may authorize medical care and dental care under Section 6550, may authorize in writing an adult into whose care a minor has been entrusted to consent to medical care or dental care, or both, for the minor.” Family Code Section 6550 is the Caregiver’s Affidavit provision discussed above. What this provides is that a parent, a legal guardian, or a caregiver can execute a document authorizing another adult to consent to medical or dental treatment.
There is no statutory form for this document like there is for the Caregiver’s Affidavit, but the requirements are straightforward. The document should identify the minor including their birth date and the adult that the parent, legal guardian or caregiver is authorizing. There is language that can be included about the type of care that is being authorized and whether the minor can be released to someone other than the parent, legal guardian, or caregiver. The document can also limit the timeframe for the authorization.
The signature of the parent, legal guardian, or caregiver can be notarized or witnessed. However, it is suggested that the document be notarized as medical professionals are more likely to honor a notarized document rather than a witnessed document.
This ends up being a great option for my friend as she can execute an authorization specific to a period of time that she is going to be out of town. The only inconvenience to her is getting her signature notarized each time.
If you need any assistance with a guardianship, caregiver’s affidavit or authorization, please contact my office to discuss.