Short answer: yes. And you don't need to be your grandchild's legal guardian to do it — a common claim online gets this wrong.
You're representing, under penalty of perjury, that no legal guardian or parent is available to make the election. That doesn't require a court document proving it — but it does mean this option is really meant for situations where a parent or guardian genuinely isn't in the picture: raising a grandchild full-time, a parent who's passed away or is otherwise unavailable, and similar circumstances. If a parent or guardian is available and simply hasn't gotten around to it, they're the one who should file — not the grandparent.
This priority-order rule only applies if you're just opening the account, with no pilot contribution request. If you also want to request the $1,000, the rule changes: you have to be someone who expects to claim the child as your tax dependent that year. For most grandparents raising a grandchild full-time and claiming them on taxes, that's not a problem — but a grandparent who isn't the one claiming the child as a dependent can open the account, just not request the $1,000 alongside it.
Whether you're a parent, a grandparent, or another eligible filer, form4547assistant.com walks you through the same eligibility check and field-by-field worksheet — accurate to the actual IRS instructions, not to whatever's circulating online.
Check your eligibility and get your worksheet for $7 — no ID.me, no account, no selfie.
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