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Bill to create caregiver authorization affidavit draws support from immigrant and service organizations
Summary
HB1377 would allow parents to use an out-of-court caregiver authorization affidavit or similar form as an alternative to guardianship for temporary caregiving needs; supporters said it would ease burdens for families fearing detention or deportation and for service members, while committee members discussed notary and vetting concerns.
Representative Long introduced HB1377 to establish a simple, out-of-court caregiver authorization affidavit (sometimes called a caregiver authorization or temporary power form) so parents who temporarily cannot care for children can authorize a trusted caregiver without seeking a full guardianship order.
Committee members asked technical questions about the form: whether notarization should be required for common short-term uses (grandparents taking children to urgent care or camps), whether the statute would create new vetting obligations for caregivers, and whether the affidavit could be used to bypass DCYF investigations. Representative Long said the intent was to provide a non-court alternative for families who agree on a caregiver and that notarization was not intended to become a barrier; he said he would accept amendments preventing notary requirements from being necessary for short-term caregiving.
Public testimony came from Richard Menard (Building Community in New Hampshire), who said the bill would greatly help refugee families and others who fear detention or deportation by making caregiver authorization simpler and less costly than a court guardianship. Other witnesses spoke about common uses for service members and parents who need a temporary delegate for medical or educational decisions.
What's next: Sponsor indicated willingness to amend language concerning notarization and to engage committee staff on drafting; committee recessed the hearing for lunch and will reconvene to consider amendments and questions about implementation.
