California Family Preparedness Plan Act: What AB 495 Means for Caregivers in 2026

Your sister is caring for her niece while the child's parent is temporarily unavailable. The child needs to enroll in school and obtain school-related medical care, but the school and provider need evidence of the caregiver's authority. California's caregiver authorization affidavit is designed for this child-care situation.

The California Family Preparedness Plan Act of 2025 (Assembly Bill 495) was approved on October 12, 2025. Its caregiver-affidavit changes concern minors who live with the caregiver. They do not create authority to make decisions for an incapacitated adult or replace elder-care legal documents.

What the Act Changed

The core change: AB 495 expanded the definition of "relative" for the purposes of the Caregiver's Authorization Affidavit (Family Code Sections 6550 and 6552) to include an adult related to the minor by blood, adoption, or affinity within the fifth degree of kinship. The amended affidavit applies when the minor lives in the caregiver's home:

• An adult caregiver may use the affidavit to enroll the minor in school and consent to school-related medical care.
• A qualifying relative who completes the additional portions may authorize medical and dental care for the minor, including mental health treatment subject to statutory limits.
• The definition includes relatives by blood, adoption, or affinity within the fifth degree, including stepparents, stepsiblings, grandparents, great-relatives, and specified spouses.

This matters for children in temporary caregiving arrangements, including relatives and other adults caring for a minor during a family crisis. It is not an elder-care authorization.

How the Caregiver Authorization Affidavit Works

The affidavit (Family Code Sections 6550 and 6552) allows an adult caregiver to obtain limited authority for a minor who lives in the caregiver's home. Completing items 1 through 4 authorizes school enrollment and school-related medical care; a qualifying relative who completes items 5 through 8 may also authorize medical and dental care.

• Enrollment of the minor in school
• School-related medical care, including required examinations and immunizations
• Medical and dental care for the minor when the caregiver is a qualifying relative and completes the additional portions of the affidavit
• Providing the completed affidavit to the minor's school, health care provider, or health care service plan

The affidavit does not create authority over an incapacitated adult, financial transactions, property management, or an adult's Medi-Cal application. For an elder parent or grandparent, use an Advance Health Care Directive, a financial Power of Attorney, or a court-appointed conservatorship as appropriate.

No notarization required. The caregiver signs the affidavit under penalty of perjury. A court seal or signature is not required, and the statute provides good-faith reliance protections when the applicable portions are completed and the relying person lacks actual knowledge of contrary facts.

Connection to Paid Family Leave

The Family Preparedness Plan Act works alongside California's Paid Family Leave (PFL) program, which in 2026 provides wage replacement for workers who take time off to care for a seriously ill family member. The 2026 PFL rates are:

• Up to 90% of weekly wages for workers earning below one-third of the state average quarterly wage
• Up to 70% of weekly wages for higher earners
• Maximum weekly benefit of approximately $1,765

PFL is funded through employee payroll deductions (State Disability Insurance) and provides up to 8 weeks of benefits within a 12-month period. PFL is separate from the caregiver affidavit and does not give a worker authority to make decisions for an incapacitated adult.

Who Should Use This

The Family Preparedness Plan Act is most valuable for:

• Adults caring for a minor child who lives in their home and needs school enrollment or school-related medical care
• Qualifying relatives who need the affidavit's broader medical and dental authorization for a minor
• Families preparing for a child-care disruption where a parent or legal custodian may be temporarily unavailable

If your family has already executed a durable power of attorney and advance health care directive for an adult, the caregiver affidavit does not replace those documents. If the person needing care is an elder who lacks capacity and those documents do not exist, a court process may be necessary.

How to Complete a Caregiver Authorization Affidavit

Use the statutory Caregiver's Authorization Affidavit in Family Code Section 6552:

1. Fill in the minor's identifying information, the caregiver's information, and the caregiver's home address
2. Complete items 1 through 4 for school enrollment and school-related medical care
3. If the caregiver is a qualifying relative and needs broader medical or dental authority, complete items 5 through 8 and the required parent-contact statement
4. Sign under penalty of perjury (no court seal, signature, or notary is required)
5. Provide copies to the minor's school, health care provider, and health care service plan as needed

The affidavit remains valid while the minor lives with the caregiver. If the minor stops living with the caregiver, the caregiver must notify each school, health care provider, or health care service plan that received the affidavit; it becomes invalid after that notice.

Limitations to Keep in Mind

The caregiver affidavit is a useful interim tool, but it has hard limits:

• It applies to a minor who lives with the caregiver, not to an incapacitated adult
• It does not give the caregiver legal custody or eliminate the rights of the minor's parent or legal guardian
• It cannot authorize access to bank accounts, financial assets, or property transactions
• It does not replace an adult's Advance Health Care Directive, financial Power of Attorney, or conservatorship
• A person relying on it is protected only under the statute's good-faith reliance rules and applicable completed portions

For comprehensive elder-care authority — especially for financial management and major medical decisions — an Advance Health Care Directive, financial Power of Attorney, or conservatorship is the relevant path. A child-care affidavit does not bridge the legal gap for an incapacitated adult.

The California Home Care Navigation Guide covers the full legal authority checklist — including power of attorney, advance directives, caregiver affidavits, and conservatorship — alongside IHSS applications and Medi-Cal eligibility planning.

See more California guides →