Pros And Cons

In this section, you can find out answers to the following questions:

1. Is guardianship always necessary?
2. Can I still act as the child’s caretaker without being the legal guardian?
3. Will the Guardianship Authorization, Affidavit of Caregiver or a notarized letter from the parents allow me to meet all the child’s needs?

For more information on guardianships, see more Self-Help pages about Guardianship.

1. Is guardianship always necessary?

   No. In fact many adults who have physical custody of a child avoid becoming a legal guardian because:

   • The caretaker believes the child's parents will not consent to a legal Guardianship.
   • Filing for a Guardianship would cause more problems among family members.
   • The caretaker doesn't want the Court to monitor his or her personal life.
   • The caretaker will only act as guardian for a short period of time and the parents are willing to sign a form called a Caregiver's Authorization Affidavit .
2. Can I still act as the child’s caretaker without being the legal guardian?

   Yes. In California, parents can sign a Guardianship Authorization Affidavit. This form gives a relative permission to make decisions about the child’s education and medical care, or a non-relative permission to make decisions about education and school-related medical care. The form says the child’s parents give you informal "custody" of the child.
   If you are a non-relative, it’s also a good idea to get a medical release from the parents. This will allow you to make medical decisions beyond school-related health care needs For more information, read Family Code section 6550 . You can get a copy of this form from a legal forms book at a bookstore or stationery store, from a lawyer, or from the Self-Help Center.

3. Will the Guardianship Authorization, Affidavit of Caregiver or a notarized letter from the parents allow me to meet all the child’s needs?

   Maybe not. Here’s why:

   • Not all schools or medical facilities accept these forms.
   • The parents can cancel the forms at any time.
   • If the parents changed their minds and wanted the child back, it might not be safe for the child.
   • It may be hard for you to get medical insurance for the child unless you are the legal guardian.

   If you think you need to set up a legal guardianship for the child, read the Becoming a Guardian page on this website.