Why opponents are alarmed
Self-attested authority with thin guardrails. The affidavit offers two checkboxes for the caregiver: “I have advised the parent(s)… and have received no objection” or “I am unable to contact the parent(s)… at this time.” The form also tells schools and providers that “a parent’s signature or a seal or signature from a court is not required.” To critics, that combination invites misuse: a motivated adult could act first and inform later, while institutions are told to accept the completed form at face value. LegiScan
Overbroad eligibility. Because the bill recognizes mentors and community figures (e.g., teachers, clergy, neighbors) as eligible nonrelatives, advocacy groups warn that AB 495 “expands who can fill out a Caregiver’s Authorization Affidavit,” widening authority over schooling and health-care decisions beyond the immediate family. California Family Council
Sealed guardianship files. Although framed as privacy, the bill’s confidentiality provisions reduce public oversight in cases where a nonparent gains legal authority during a parent’s temporary unavailability. Skeptics argue that such secrecy, combined with broadened affidavit power, shifts the balance away from parental primacy.
