Legal authority can affect nearly every practical part of caregiving.

Information reviewed September 2026. Program rules can change, so use the linked official source for eligibility and current requirements.

Living with a child and having legal authority are not the same thing

Kinship caregiving can begin informally, sometimes overnight. But schools, health providers, benefit programs, passport authorities and courts may need proof of who has authority to make decisions for the child.

Questions to clarify early

• Who currently has legal custody or guardianship?
• Can I consent to medical and mental health treatment?
• Can I enrol the child in school and receive school records?
• Can I apply for government benefits for the child?
• Who can authorize travel or apply for travel documents?
• What contact or decision-making rights does a parent still have?
• What happens if the parent asks for the child to return?
• Is the current arrangement temporary or intended to be permanent?

What document actually proves your legal authority?

There is no single “grandparent form.” The document that proves authority depends on how the caregiving arrangement was created and what authority was transferred.

Government of PEI: Children's Law Act

A note from a parent is not the same as clear permanent legal authority

A handwritten or typed note can show what a parent intended, but a caregiver should not assume that it permanently transfers custody or guardianship, gives authority for every school or health decision, or prevents a later dispute if the parent changes their mind. PEI law does recognize formal agreements, but the legal requirements and the wording of the agreement matter.

If the arrangement is intended to be long term, get legal information about putting it on a proper legal footing before a crisis occurs. Ask specifically what document will prove authority to schools, health providers, government programs and passport or travel authorities.

If the child is involved with Child Protection

The Child, Youth and Family Services Act provides mechanisms for children who require out-of-home care, including temporary and permanent arrangements with grandparents and other alternative caregivers. PEI's permanent GACP policy says a permanent transfer can be made by agreement or court order. If GACP is involved, ask the worker exactly which agreement or order applies and what it authorizes you to do.

Government of PEI: GACP program

Where to get help in PEI

Keep an authority folder

Keep the current signed or court-issued documents together and carry a copy when necessary. Do not rely on a photo buried in a text-message thread. Keep the original secure, and note the date any order or agreement expires or is scheduled for review.

Do not sign away rights you do not understand

If you are asked to sign a custody, guardianship, consent, financial or child-protection document and do not understand the effect, get legal information before signing where time and safety allow. Permanent arrangements can affect both caregiver responsibilities and parental rights.

Trusted external resources

• Community Legal Information PEI
• PEI Legal Aid
• PEI Child, Youth and Family Services Act overview