The Texas Child Power of Attorney form allows a parent or guardian to designate another individual to make decisions on behalf of their child. This legal document provides a way for caregivers to manage a child's needs during temporary absences. If you need to fill out this form, click the button below.
When filling out the Texas Child Power of Attorney form, it is important to follow specific guidelines to ensure the document is valid and effective. Here are four things to consider:
Following these guidelines will help ensure that the Power of Attorney is effective and meets legal requirements in Texas.
81R3257 JSC-F
By: Villarreal
H.B. No. 804
A BILL TO BE ENTITLED
AN ACT
relating to authorizing a power of attorney for the medical care and education of a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 151, Family Code, is amended by
designating Sections 151.001, 151.002, and 151.003 as Subchapter A and adding a heading to Subchapter A to read as follows:
SUBCHAPTER A. RIGHTS AND DUTIES IN GENERAL
SECTION 2. Chapter 151, Family Code, is amended by adding Subchapter B to read as follows:
SUBCHAPTER B. POWER OF ATTORNEY FOR MEDICAL CARE AND EDUCATION
OF CHILD
Sec. 151.051. EFFECT OF POWER OF ATTORNEY. A power of attorney under this subchapter is effective only if:
(1)at least one parent of a child has executed a power of attorney for the medical care and education of the child; and
(2)neither parent is able to make decisions regarding the care of the parent's child, including a situation in which neither parent can be reached.
Sec. 151.052. AUTHORIZATION FOR POWER OF ATTORNEY FOR MEDICAL CARE AND EDUCATION OF CHILD. A person may execute a power of
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H.B. No. 804 attorney appointing another person as the person's agent to make
decisions regarding the medical care and education of the person's child.
Sec. 151.053. FORM. (a) A power of attorney for the medical care and education of a child must be in substantially the following form:
POWER OF ATTORNEY FOR THE MEDICAL CARE AND EDUCATION OF A CHILD
Part I: To be filled out and/or initialed by parent(s). Minor Child's Name_________________________________
Mother/Legal Guardian's Name & Address
______________________________
Father/Legal Guardian's Name & Address
Caregiver's Name & Address
(check one of the following)
(____) Both parents are living and have signed this
document;
(____) One parent is deceased;
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H.B. No. 804 (____) The parent-child relationship has been terminated
for one of the parents;
(____) The decision-making authority of one parent has
been limited by a court order;
(____) One parent is the sole managing conservator of the
minor child and has sent a copy of this document, by certified mail, return receipt requested, to the other parent at that
parent's last known address; or
(____) The other parent has not consented to the
appointment or consent cannot be obtained because
______________________________.
Temporary care-giving authority regarding the minor child will be given to the caregiver during the period of the following type(s) of hardship (check at least one):
(____) the serious illness or incarceration of a parent
or legal guardian;
(____) the physical or mental condition of the parent or
legal guardian or the child is such that care and supervision of
the child cannot be provided;
(____) the need for medical or mental health treatment
(including substance abuse treatment) by
the parent or legal
guardian;
(____) the military deployment of the parent or legal
guardian; or
(____) other
(please
describe)
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__________________________________________________, at a time when
the other parent or legal guardian, if applicable, is unable to care for the child.
(____) I/We the undersigned, authorize the named caregiver to
do one or more of the following (check as appropriate):
(_____) enroll the child in school and extracurricular
activities;
(_____) obtain medical, dental, and mental health
treatment for the child; and
(_____) provide for the child's food, lodging, housing,
recreation, and travel.
(____) I/We grant the following additional powers to the named
caregiver:___________________________________________.
(____) I/We understand that this document does not provide
legal custody to the caregiver. If at any time I/we disagree with a decision of the named caregiver or choose to make any health care or educational decisions for my/our child, I/we must revoke the power of attorney, in writing, and provide written documentation to the health care provider and the local education agency (i.e., school).
(____) I/We understand that this document may be terminated by
another written document signed by either parent with legal authority or by any order of a court with competent jurisdiction.
Part II: To be initialed by caregiver as applicable.
(____) I understand that this document, properly executed,
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H.B. No. 804 gives me the right to enroll the minor child in the local education
agency serving the area where I reside.
(____) I understand that this document does not provide me
with legal custody of the minor child.
(____) I understand that, prior to enrollment, the local
education agency may require documentation of the minor child's residence with a caregiver and/or documentation or other verification of the validity of the stated hardship.
(____) I understand that, except to the extent limited by
federal law, I shall be assigned the rights, duties, and responsibilities that would otherwise be assigned to the parent, legal guardian, or legal custodian of the minor child.
(____) I understand that if the minor child ceases to reside
with me, I am required by law to notify any person, school, or health care provider to whom I have given this document.
I/We declare under penalty of perjury under the laws of the State of Texas that the foregoing is true and correct.
Signed this ___ day of __________, 20__.
Mother/Legal Guardian
The Mother/Legal Guardian, ______________________, personally
appeared before me this _____ day of ____________, 20__.
Notary Public in and for the State of Texas
My commission expires: ___________________
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Father/Legal Guardian
The Father/Legal Guardian, ______________________, personally
Caregiver
The Caregiver, ______________________, personally appeared
before me this _____ day of ____________, 20__.
NOTICE TO THE LOCAL EDUCATION AGENCY AND/OR HEALTH CARE PROVIDER: No person, school official, or health care provider who acts in good faith reliance on a power of attorney for care of a minor child to enroll the child in school or to provide medical, dental, or mental health care, without actual knowledge of facts contrary to those authorized, is subject to criminal or civil liability to any person, or is subject to professional disciplinary action for such reliance. This immunity applies even if medical, dental, or mental health care is provided to a minor child or the
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H.B. No. 804 child is enrolled in a school in contravention of the wishes of the
child's parent, if the person, school official, or health care provider has been provided a copy of an appropriately executed power of attorney for care of the minor child and has not been provided written documentation that the parent has revoked the power of attorney for care of the minor child. Nothing in this document relieves any individual from liability for a violation of any other law.
(b)A power of attorney for the medical care and education of a child is legally sufficient under this chapter if the wording of the form complies substantially with Subsection (a), the form is properly completed, and the signatures of the parent or parents, as applicable, and the caregiver are acknowledged.
Sec. 151.054. TERMINATION OF AGENT'S AUTHORITY. (a) The authority of an agent appointed in a power of attorney for the medical care and education of a child executed by the child's parent or parents terminates:
(1)on the appointment and qualification of a guardian of the person appointed for the child under Chapter XIII, Texas Probate Code; or
(2)on revocation of the power of attorney by either parent who executed the power of attorney.
(b)An agent's authority with regard to a child under a power of attorney is terminated if a parent of the child who did not execute the power of attorney presents to the court evidence that
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H.B. No. 804 the parent is able to make decisions regarding the care of the
child.
Sec. 151.055. USE OF POWER OF ATTORNEY IN APPOINTING GUARDIAN OF THE PERSON FOR CHILD. (a) A power of attorney for the medical care and education of a child executed under this subchapter is not considered a written declaration of appointment of a guardian authorized by Section 676(d), Texas Probate Code.
(b)If a person who executes a power of attorney for the medical care and education of a child under this subchapter does not execute a written declaration of appointment of a guardian authorized by Section 676(d), Texas Probate Code, and an application for the appointment of a guardian of the person for the child is pending under Chapter XIII, Texas Probate Code, the court may consider the person appointed as the agent under the power of attorney for the medical care and education of a child in appointing a qualified person to serve as guardian of the person for the child under Section 676(c), Texas Probate Code.
SECTION 3. This Act takes effect September 1, 2009.
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The Texas Child Power of Attorney form is a useful document that allows a parent or legal guardian to designate another adult to make decisions on behalf of their child. However, there are other forms and documents that often accompany it to ensure comprehensive legal coverage. Below is a list of these documents, each serving a specific purpose.
These documents work together with the Texas Child Power of Attorney form to provide clarity and security for both the child and the caregiver. It is essential to ensure that all forms are completed accurately and kept accessible for any future needs.
Filling out the Texas Child Power of Attorney form is a crucial step for parents or guardians who wish to grant temporary authority over their child to another individual. However, many people make common mistakes that can lead to complications. Understanding these pitfalls can help ensure that the form is completed correctly and serves its intended purpose.
One frequent error is failing to provide complete information. When filling out the form, it is essential to include accurate details about both the child and the agent. Omitting critical information, such as the full names, addresses, or dates of birth, can render the document ineffective. Always double-check that all fields are filled in completely.
Another mistake involves not specifying the duration of the authority granted. The form allows parents to set a specific timeframe during which the power of attorney is valid. Leaving this section blank can lead to confusion about how long the agent has authority over the child. It is advisable to clearly state the start and end dates to avoid any misunderstandings.
Many individuals also overlook the importance of notarization. In Texas, a power of attorney must be notarized to be legally binding. Failing to have the document notarized can invalidate the entire process. It is crucial to ensure that a notary public witnesses the signing of the form to meet legal requirements.
People sometimes make the mistake of choosing an inappropriate agent. The agent should be someone who is trustworthy and capable of making decisions in the best interest of the child. Selecting someone without considering their ability to handle such responsibilities can lead to conflicts or issues down the line.
Another common error is not reviewing the form after completion. After filling out the form, it is important to review it for any mistakes or omissions. Errors can lead to legal complications, so taking the time to carefully read through the document can save time and trouble later.
Some individuals also fail to discuss the arrangement with the agent before completing the form. It is essential that the chosen agent understands their responsibilities and is willing to accept them. Without this prior discussion, the agent may be unprepared for the role they are expected to play.
Additionally, people sometimes neglect to keep copies of the signed document. After the form is completed and notarized, it is wise to make several copies for personal records and for the agent. This ensures that everyone involved has access to the document, which can be vital in emergency situations.
Finally, individuals often forget to update the form when circumstances change. Life is dynamic, and changes such as relocation, changes in the relationship with the agent, or changes in the child’s needs may necessitate an update to the power of attorney. Keeping the document current is essential for it to remain effective and relevant.
The Texas Child Power of Attorney form is a valuable legal document, but there are several misconceptions surrounding its use and implications. Understanding these can help parents and guardians make informed decisions. Here are six common misconceptions:
By clarifying these misconceptions, parents and guardians can better navigate the complexities of the Texas Child Power of Attorney form, ensuring they use it effectively and responsibly.
When considering the Texas Child Power of Attorney form, there are several important points to keep in mind. This document allows a parent or guardian to designate another individual to make decisions on behalf of their child. Here are some key takeaways:
Filling out the Texas Child Power of Attorney form is an important step in ensuring that your child's needs are met when you are unable to be present. This document allows you to designate someone to make decisions on behalf of your child. Follow these steps carefully to complete the form accurately.