Fact check: What is the affidavit attached to AB 495

1. Summary of the results

The affidavit attached to AB 495 is the Caregiver's Authorization Affidavit, which serves as a legal document allowing designated caregivers to make important decisions for minors in their care ^{[1] [2]}. This affidavit specifically authorizes a caregiver to enroll a minor in school and consent to school-related medical care on behalf of the minor ^[1].

The affidavit becomes valid when completed and signed by the caregiver and confers the same rights to authorize medical and dental care for the minor that are typically given to legal guardians under existing law ^[1]. According to Section 6552 of the Family Code, the caregiver's authorization affidavit must be in a substantially specific form that includes warning statements and a declaration under penalty of perjury ^[1].

AB 495, known as the Family Preparedness Plan Act of 2025, significantly expands who can execute this affidavit by including "nonrelative extended family members" - defined as any adult caregiver who has an established familial or mentoring relationship with the child or an established familial relationship with a relative of the child ^{[3] [4]}. The bill also clarifies that the medical care authorized may include mental health treatment ^[5].

2. Missing context/alternative viewpoints

The original question lacks crucial context about the significant controversy surrounding AB 495. Critics argue that this legislation fundamentally redefines guardianship and strips away parental rights ^[6]. The California Family Council specifically criticizes the bill for creating "legal loopholes that make kidnapping children easy" and argues that the affidavit can be used for "any child for any reason, regardless of immigration status" ^[6].

The controversy centers on the fact that this one-page document can be signed without court review, notarization, or parental consent, allowing nonrelative extended family members to assume control over a child's schooling and medical care ^[6]. Critics view this as a mechanism that grants temporary legal rights to individuals with no blood relation to the child ^[6].

Conversely, supporters frame the affidavit as "a critical tool for ensuring stability when a parent is temporarily unavailable" ^[3], suggesting it serves families in crisis situations or when parents cannot be present to make necessary decisions for their children.

3. Potential misinformation/bias in the original statement

The original question itself is neutral and factual, simply asking for information about the affidavit. However, there appears to be some confusion in the source materials regarding what AB 495 actually addresses. One source incorrectly identifies AB 495 as being related to the "Toxic Free Cosmetics Act" rather than the Family Preparedness Plan Act ^[7], indicating potential confusion between different legislative bills with the same number.

The question lacks context about the highly polarized nature of this legislation, which has generated significant opposition from parental rights advocates who view it as government overreach, while supporters see it as necessary family support legislation. This omission could lead to an incomplete understanding of the affidavit's controversial implications and the broader political debate surrounding parental rights in California.