California AB 495 Immigration Lawyer

Maison Law Immigration Lawyers can guide you and your family through immigration questions in California. There’s a lot of different laws and policies in place, and they always seem to shift constantly. This, as you probably already know, is pretty destabilizing for your family. But a new California law–Assembly Bill 495–is designed to give you and your family some stability. If you have questions or just want guidance, set up a one-on-one consultation with our team today.

Do I Need a Lawyer?

Legally, you don’t need a lawyer to use AB 495. The law was written to give parents simple tools, not to create hurdles. The basic forms—especially the Caregiver Authorization Affidavit—are designed for regular families to complete on their own. That being said, you want to be sure everything is done correctly when it comes to your children. That’s where our team can help you by:

• Explaining how the law works
• Outlining your options for naming a caregiver
• Looking over your forms and documentation to make sure it’s done correctly
• Guiding you through the whole process from start to finish

Think of it like doing your taxes. You can do them on your own, but there are times when having someone who does this every day makes the whole process less stressful.

Are There Requirements for AB 495?

Once it goes into effect on January 1, 2026, AB 495 is going to give you and your family a few ways to prepare for unexpected separation. That’s why it’s officially titled the “Family Preparedness Act of 2025.” But there’s a few requirements that have to be met first:

• Choosing a caregiver. The framework for choosing a caregiver that makes decisions about your child was in place prior to AB 495. Before, it had to be a close relative, usually the other parent. But with its passage, the list is expanded to:
  • Grandparents
  • Aunts and uncles
  • Adult siblings
  • Adult cousins
  • Adult nieces or nephews
  • Great-grandparents
  • Trusted non-relatives—like a godparent, mentor, or close family friend

This is one of the biggest changes AB 495 brings: you have more freedom in choosing who can care for your child.

• Completing the Caregiver Authorization Affidavit. In order to actually take advantage of AB 495, you’re going to have to complete the Caregiver Authorization Affidavit. This is a formal legal document that gives:
  • The person you choose to sign your child up for school without any confusion or delays.
  • The person the ability to take your child to the doctor and make basic medical decisions if you’re not available.
  • The person the authority to handle the everyday tasks—meals, routines, getting to and from activities.

• The affidavit also has to be accepted by schools and licensed childcare programs, so staff know this is someone you’ve trusted to care for your child. They also can’t ask questions about your immigration status.
• They also can’t ask you or the caregiver about immigration status. That’s built into the protection.

If you want broader authority, temporary joint guardianship is an option—but it requires a court process. An affidavit is flexible, and usually enough.

• Your child has to be living with the caregiver during your absence. This law is meant for real-life caregiving, not hypothetical planning. The caregiver must actually be responsible for your child during the time you’re away.
• You keep all parental rights. You’re not surrendering your child. You’re giving someone temporary permission to step in. Your rights stay intact the whole time.

Obviously, legal protections provided by AB 495 and similar laws are important. It gives you and your children some stability in an uncertain time. But in order to fully grasp how it protects your family, it takes a closer look.

How Does AB 495 Protect My Family?

Imagine a situation where your child gets sick at school while you’re at work–and they can’t get in touch with you. Their school calls the person you named under AB 495. They’re able to pick up your child right away, take them to the doctor, sign the necessary forms, and get them home to rest. No delays. No questions. No agencies getting involved. That’s the everyday protection AB 495 offers. But it also covers the bigger moments—the ones you hope never happen:

• If there’s a sudden separation due to a deportation or simply an emergency, the affidavit you created under AB 495 tells authorities exactly who should take your kids. It’s a way of keeping your family together even when you physically can’t.

It’s true that this is one of the strongest protections you can have for your family. And while it’s fairly straightforward, there’s still a process in place. So the more information and documentation you can provide, the stronger your position will be.

Do I Need Any Documentation for AB 495?

AB 495 isn’t meant to create a maze of forms; it’s meant to give you an easier way to name a trusted caregiver for your child. Still, you’ll want to have a few things ready so everything works the way it’s supposed to:

• Basic information about your child. Things like their full name, birthday, and school or doctor’s information. Nothing complicated—just the details that identify them.
• Your own identification. This can be a passport, driver’s license, state ID, or anything that confirms you’re the parent or legal guardian. You do not need legal immigration status to use AB 495.
• The caregiver’s information. Name, address, contact number, and any other details needed for the form. They don’t need citizenship or legal status either.
• The completed AB 495 form. Depending on what you’re setting up (a Caregiver Authorization Affidavit or temporary joint guardianship), you’ll fill out the appropriate document. Some may need to be signed in front of a notary—others won’t.
• Supporting documents. These aren’t required, but helpful:
  • A copy of your child’s birth certificate
  • Your child’s medical card
  • Emergency contacts
  • A short note explaining any important routines or health needs

Remember, you’re not building a legal case—just creating a clear plan so your child is protected if you can’t be there. And if you want help making sure everything is filled out correctly, that’s where our lawyers can step in and make the process easier.

Guidance and Support From Maison Law Immigration Lawyers

If you’re thinking about using AB 495 but aren’t sure where to start, our California immigration lawyers at Maison Law Immigration Lawyers can walk you through the process and help you put a safe, simple plan in place for your children. Reach out for a one-on-one, confidential consultation when you’re ready. We’ll talk through your options together, and give you guidance and support.