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Bill

S 1133

An Act relative to caregiver authorization affidavits

194th Legislature (2025-2026) Introduced by Jamie Eldridge and 1 co-sponsor

S 1133 creates a simplified affidavit process allowing individuals to authorize caregivers for decision-making without formal guardianship proceedings.

Hearing scheduled for 04/22/2025 from 01:00 PM-05:00 PM in A-2
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Bill Summary · S 1133

Legislative bill overview

S 1133 establishes a legal mechanism allowing individuals to authorize caregivers through a standardized affidavit process, without requiring court involvement or guardianship proceedings. The bill creates a simplified documentation process that grants designated caregivers authority to make decisions for minors or incapacitated adults in medical, educational, and related matters.

Why is this important

This bill addresses a practical gap for families who need temporary or informal caregiving arrangements—such as grandparents raising grandchildren, relatives caring for sick family members, or guardians in non-traditional custody situations. The affidavit approach offers a faster, less costly alternative to formal guardianship while providing legal clarity and protections for both caregivers and care recipients.

Potential points of contention

  • Scope of authority: Questions about what specific decisions caregivers can make (medical consent, school enrollment, financial management) and whether limits are sufficiently clear to prevent misuse
  • Verification and oversight: Concerns that affidavit-based systems lack court review, potentially allowing authorization without adequate safeguards or verification of the principal's mental capacity
  • Interaction with existing law: How this mechanism coordinates with existing guardianship, power of attorney, and custody laws, and whether it could undermine protections in those systems

Compiled from official sources — confirm details with the bill’s official record.

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