California Temporary Guardianship Form: Parent Authorization, Caregiver's Affidavit and Guardian Nomination

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Temporary Guardianship Agreement (California)

Parent’s Authorization for the Care of a Minor, with Medical Consent (Family Code § 6910) and Nomination of Guardian (Probate Code § 1502)

This agreement is made on [Date] in [County] County, California. It lets the parent(s) named below entrust the day-to-day care of their child to a trusted adult while the parent(s) are temporarily unavailable. It is not a court order and does not appoint a guardian under the Probate Code. Section 5 authorizes the caregiver to consent to medical and dental care under section 6910 of the Family Code. Section 10 is an optional nomination of guardian under sections 1500 to 1502 of the Probate Code.

1. Parties

Parent 1: [Full Legal Name]
Address: [Street, City, California ZIP] · Phone: [Phone] · Email: [Email]

Parent 2: [Full Legal Name, or “Not applicable” with the reason, for example sole legal custody under court order dated [Date]]
Address: [Address] · Phone: [Phone]

Caregiver: [Full Legal Name]
Relationship to child: [Grandparent / aunt / uncle / adult sibling / stepparent / cousin / family friend]
☐ The caregiver is a relative of the child (related by blood, adoption or marriage within the fifth degree of kinship, including stepparents and stepsiblings)
☐ The caregiver is not a relative of the child
Address: [Street, City, State ZIP] · Phone: [Phone] · Date of birth: [Date]

Alternate caregiver (optional): [Full Legal Name, Relationship, Phone]

2. Child or Children

Full legal nameDate of birthSchool and gradeAllergies or medical conditions
[Name][Date][School, grade][List, or “None”]
[Name][Date][School, grade][List, or “None”]

3. Period of Care

This agreement begins on [Start Date] and ends on [End Date], or earlier when a parent returns and resumes care or revokes it in writing. The reason for the arrangement is: [work travel / military service / medical treatment / immigration proceedings / other].

4. Authority Delegated to the Caregiver

During the period of care, the caregiver may (check all that apply):

☐ Provide daily care, supervision, food and shelter
☐ Deal with the child’s school: attendance, pick-up and drop-off, parent-teacher conferences, field trip and activity permission slips
☐ Enroll the child in a school where the caregiver lives, using a Caregiver’s Authorization Affidavit (Section 6)
☐ Transport the child and arrange child care
☐ Consent to extracurricular activities, sports and camps
☐ Travel with the child within California ☐ within the United States (a separate travel consent letter is attached for air travel)
☐ Other: [Describe]

The caregiver may not: consent to the child’s marriage, adoption or enlistment; change the child’s legal name or move the child’s residence outside California without the parents’ written consent; or [other limits].

I/We, [Name(s)], the parent(s) of the minor(s) named in Section 2, authorize [Caregiver], an adult into whose care the minor(s) have been entrusted, to consent to ☐ medical care ☐ dental care for the minor(s) during the period of care in Section 3. ☐ The alternate caregiver has the same authority while the minor(s) are in the alternate caregiver’s care.

Except in an emergency, the caregiver will contact us before consenting to: [for example non-emergency surgery, new prescription medication, mental health treatment].

Health insurance: [Insurer, member ID, group number] · Pediatrician: [Name, Phone] · Dentist: [Name, Phone] · Current medications: [List]

6. School Enrollment and the Caregiver’s Authorization Affidavit

If the child will attend school in the district where the caregiver lives, the caregiver may complete and sign a Caregiver’s Authorization Affidavit in the form set out in section 6552 of the Family Code. We have been advised that the caregiver intends to authorize medical care for the child, and we do not object.

[The affidavit is a separate form signed by the caregiver alone, under penalty of perjury, and it needs no notary. A caregiver who completes items 1 to 4 may enroll the child and consent to school-related medical care; a relative who also completes items 5 to 8 may authorize medical and dental care. Its warnings must appear in at least 10-point bold type inside a box (Family Code § 6550(g)), so use a copy that reproduces the statutory form.]

7. Costs

The parent(s) will ☐ pay directly ☐ reimburse the caregiver within [Number] days for the child’s reasonable expenses, including [food, school costs, medical co-pays]. Estimated weekly support: $[Amount].

8. Communication and Emergencies

The caregiver will update the parent(s) [daily / weekly / as needed] by [phone / text / email] and immediately in any emergency. If the parent(s) cannot be reached, contact: [Name, Relationship, Phone].

9. Revocation and End of Agreement

A parent may revoke this agreement at any time by written notice to the caregiver, effective on delivery. The caregiver will return the child to the parent(s) on request. If the caregiver gave a Caregiver’s Authorization Affidavit to a school, health care provider or health plan, the caregiver will notify each of them when the child stops living with the caregiver (Family Code § 6550(f)). When the agreement ends, the caregiver will return all school, medical and identity documents.

10. Nomination of Guardian (Optional; Probate Code §§ 1500–1502)

If a court ever needs to appoint a guardian of the person of our child, we nominate [Caregiver] as guardian, and [Name] as alternate. This nomination takes effect ☐ now ☐ only if [we become absent / legally incapacitated / die / are unavailable because of ___]. Unless we revoke it in writing, it remains effective notwithstanding our subsequent absence, legal incapacity or death.

[A parent may nominate a guardian if the other parent nominates or consents in writing to the same guardian, or if, when the petition is filed, the other parent is dead or lacks legal capacity to consent, or that parent’s consent would not be required for an adoption of the child (Probate Code § 1500). The court gives the nomination due weight when it decides custody (Family Code § 3043).]

11. Signatures

Parent 1: _________________________ Date: __________
Parent 2: _________________________ Date: __________
Caregiver (accepting): _________________________ Date: __________
Alternate caregiver (accepting): _________________________ Date: __________

Notary acknowledgment (recommended; California form under Civil Code § 1189)

[Boxed notice:] A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California, County of [County]

On [date] before me, [name and title of the officer], personally appeared [name(s) of signer(s)], who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _________________________ (Seal)

Before You Sign (Delete This Section)

  • Keep it short. A private agreement works best for absences of weeks or a few months. For a longer stay, or when a parent expects to be unavailable for a long time, ask the court: a guardianship petition, or a joint guardianship with the parent under Probate Code § 2105(g).

  • Give copies. One to the caregiver, one to the school, one to the pediatrician. Keep the original.

  • Caregivers who are not relatives. If the child will live with a caregiver who is not a relative, the law may require that caregiver to obtain resource family approval; the county department of social services can say whether it applies.

  • Travel. For flights, especially international ones, add a separate child travel consent letter signed by both parents.

  • Custody orders. If a custody order or parenting plan governs the child, check it first: this agreement cannot give the caregiver more authority than the signing parent has.

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California Temporary Guardianship Form: Parent Authorization, Caregiver's Affidavit and Guardian Nomination

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Frequently asked · California temporary guardianship

Temporary Guardianship (California) · what parents can sign themselves, the caregiver's affidavit, medical consent, joint guardianship

Eight questions to settle before a relative or friend takes over a child's care in California. Parents cannot appoint a legal guardian by private agreement, but California gives families three written tools that cover most absences, and since January 2026 a new court option for parents who expect to be unavailable for a while.

01 Basics

Can parents set up a temporary guardianship in California without going to court?

Not a legal guardianship: in California a guardian of a minor is appointed only by the superior court. What parents can do on their own is put three things in writing: an authorization for the caregiver to consent to medical and dental care (Fam. Code § 6910), a Caregiver's Authorization Affidavit that the caregiver signs to enroll the child in school, and a nomination of the person they want as guardian if a court is ever involved.

Together these cover most absences of weeks or months. None of them transfers custody: the parents keep their rights and can take the child back at any time.

This template puts the parents' part in one document. It carries the name families search for, temporary guardianship, but it says plainly that it is a parental authorization, not a court appointment.

02 Affidavit

What is the California Caregiver's Authorization Affidavit?

A one-page statutory form in Family Code § 6552, signed under penalty of perjury by an adult aged 18 or older who has the child living in their home. No court seal and no notary are needed, and the parents do not sign it.

  • Any caregiver (items 1–4). Enroll the child in school and consent to school-related medical care, meaning immunizations and examinations required for enrollment or school extracurricular activities (§ 6550(a), (h)(3)).
  • Relatives (items 1–8). The same rights to authorize medical and dental care that a guardian has under Probate Code § 2353, which may include mental health treatment within the limits of Probate Code § 2356. Since 1 January 2026 (AB 495), a relative means anyone related to the child by blood, adoption or marriage within the fifth degree of kinship, including stepparents and stepsiblings.
  • Identification. Item 8 asks for a California driver's license, state ID or government-issued consular card number; a caregiver who has none of these may give another identifier, such as a Social Security or Medi-Cal number.
  • Format. The affidavit is invalid unless it substantially contains the statutory warnings in at least 10-point bold type inside a box (§ 6550(g)).
03 Medical

Who can consent to a child's medical care in California when the parents are away?

An adult the parents authorize in writing: Family Code § 6910 lets a parent authorize an adult into whose care the child has been entrusted to consent to medical care, dental care, or both. A relative caregiver who signs the full Caregiver's Authorization Affidavit also has that authority on their own.

The parents stay in charge. A parent's decision to consent to or refuse care overrides the caregiver's, as long as it does not jeopardize the child's life, health or safety (§ 6550(b)). Because a relative caregiver's authority equals a guardian's under Probate Code § 2353, non-emergency surgery on a child aged 14 or older also needs the child's consent or a court order.

Doctors and clinics that rely in good faith on a properly completed affidavit, without knowing of contrary facts, are protected from liability and need not investigate further (§ 6550(c), (d)). Section 5 of the template is the parents' § 6910 authorization.

04 School

Can the caregiver enroll the child in a California school?

Yes, with the Caregiver's Authorization Affidavit. Under Education Code § 48204 the affidavit is a sufficient basis for determining the child's residency without a guardianship or custody order, unless the district determines from actual facts that the child does not live with the caregiver.

The district may ask for reasonable evidence that the caregiver lives at the address on the form. If the child moves out, the caregiver must tell the school, and the affidavit stops being valid once the school has that notice (§ 6550(f)). The same applies to doctors and health plans that received a copy.

05 Planning

How do California parents nominate a guardian in writing?

In a signed writing, before or after a guardianship petition is filed (Prob. Code § 1502). The nomination can take effect immediately or only on a condition the parent names, such as the parent's later absence, legal incapacity or death, and unless it says otherwise it stays effective after any of those events.

A parent's nomination counts only if the other parent nominates or consents in writing to the same person, or if, when the petition is filed, the other parent has died, lacks legal capacity to consent, or would not have to consent to an adoption (§ 1500). The nomination does not appoint anyone by itself; it tells the court whom the parents want, and the court must give it due weight when it decides custody (Family Code § 3043). Section 10 of the template is an optional nomination.

06 Court

What is joint guardianship under California's AB 495?

Since 1 January 2026, if a custodial parent is temporarily unavailable because of circumstances named in the parent's nomination, such as a serious medical condition or disability, military service, incarceration or an immigration-related administrative action, the court may appoint the parent and the nominee as joint guardians (Prob. Code § 2105(g)).

  • Parent stays a guardian. When the parent is available again and asks to end the joint guardianship, termination is presumed to be in the child's best interest.
  • Confidential. The court records are available only to the people served and their attorneys, and may not be disclosed to law enforcement or immigration enforcement without a court order.
  • Other parent. It cannot be granted over a noncustodial parent's objection unless the court finds that parent's custody would be detrimental to the child.
  • Terminal illness. A separate, older rule allows the same joint appointment for a custodial parent with a terminal condition (§ 2105(f)).
07 Court

How does a court-appointed temporary guardianship work in California?

After a petition for guardianship is filed (form GC-210(P)), a petition for a temporary guardian of the person (GC-110(P)) asks the court to appoint someone right away. The court may appoint a temporary guardian for good cause, to serve until it decides the main petition (Prob. Code § 2250).

Unless the court orders otherwise for good cause, the parents, the child if 12 or older, and anyone with a visitation order must be personally given notice at least five court days before the hearing. If the court grants a temporary guardianship without notice and the main hearing is more than 30 days away, it must set a hearing within 30 days to reconsider. Parents who agree can sign form GC-211 to nominate the guardian and consent.

08 Signing

Does it need a notary, how long can it last, and how is it revoked?

No California statute requires a notary for a parent's authorization or for the Caregiver's Authorization Affidavit, and neither has a fixed maximum length. Notarize the parents' signatures anyway, give the arrangement a clear end date, and revoke it in writing if plans change.

California notaries must use the acknowledgment wording of Civil Code § 1189, with a boxed notice that the notary verifies only the signer's identity; the template reproduces it. A parent may revoke the agreement at any time, and the caregiver's affidavit ends on its own when the child stops living with the caregiver.

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