The Texas child power of attorney form provides parents or court-appointed guardians with a legal framework for delegating their parental or guardianship authority to decide. They can use it to delegate parental ability to decide for their children to trusted family members or friends. This delegation enables the appointed agent to decide for the young ones in their parents’ absence.
For example, they can consent or object to specific medical procedures that require a parental decision. They may also do the same when a school needs consent to include a child in a distant trip.
The POA document may be in force for one year. If the parents want the POA to exceed the one-year limit, they need to complete updated paperwork when it expires.
Texas power of attorney templates – learn more about powers of attorney that can be used for other property types in the State of Texas.
Legal Requirements for Texas Child Power of Attorney
All child POAs in Texas must abide by the state legislation—Title 2, Chapter 751 (Durable Powers of Attorney). Some of the legal requirements a child power of attorney must abide by are:
- The parent/s or guardian/s initiating the POA must be sane when they sign the child or minor POA form;
- The agent/s receiving the authority to oversee the minor’s affairs must also be sane when accepting this responsibility;
- The POA must be in writing in the declarant’s handwriting;
- Two witnesses should witness the signing process to make it legally binding.
Filling out the Texas Child Power of Attorney Form
Now, the most critical part of the process is filling the child power of attorney form. You should fill this form carefully, or else it will lose its legal force.
You should gather all the paperwork and details about this critical trust before filling the forms. Consult your attorney before moving forward because of the POA’s grave implications.
- Download the form on this website in the most appropriate format to fill it conveniently. It can be Word, ODT, or PDF but only ensure that your computer has a program that can open and read the form.
- Fill the first section of the form with the names of the child’s parents. You must provide their physical address, telephone number or the best way of contacting them, and any state-issued identification document, like a driving license. Make sure you include the state, city, street number, building/apartment number. You should also indicate if the other parent has signed the POA or not.
- The parent/s should acknowledge the disclosures in this power of attorney. They must initial their names to prove that they read and understood the POA disclosure details.
- The issuing parent must show if any court order exists to apply to those with authority over the child. If there’s none, the parent needs to initial their name to show that. If a court order exists, the parent should initial the second option in this section.
- The delegating parent/s should officially designate their chosen agent as the child’s custodian. Report the agent’s full legal name, state-issued identification documents, like a driving license, and the best way to contact them by phone or otherwise. They must also give their full physical address by state, city, street number, and building/apartment number.
- Name the child/ren whom the POA will affect by their full legal name/s and date/s of birth.
- Designate the powers you want your agent to have. You will need to initial those you want them to have with your name. For example, indicate if you want them to maintain the child’s physical possession or direct their moral and religious training.
- Identify the child’s special needs (if they have any). You must clarify if they are allergic to anything or have special dietary needs. If they have more special needs, you can edit your program to add more rows to include the details.
- Restrict or limit your agent’s delegated powers. The limitations need to specify what the agent can and can’t do. If the restrictions exceed the provided space, you may edit the document to add more rows.
- Name any substitute agent to stand in for your primary agent if they are unable or unwilling to dispense their duties. Provide their full contact details the way you provided for the primary agent.
- Clarify how long you want the POA to remain in force.
- Describe how your incapacitation will affect the child power of attorney.
- Describe how this POA will be revoked. Specify the conditions that necessitate the POA’s revocation.
- The two parents or one of them must sign the document before two witnesses. The signing must be dated with the day, month, and year.