The Texas Child Power of Attorney form is a legal document that grants an adult the authority to make decisions for a minor child in the absence of the child's parents. It's essential for parents who might be unavailable due to travel, illness, or other circumstances, ensuring that their child's welfare and decisions regarding their education, health care, and other responsibilities can be managed by a trusted individual. For those looking to ensure their child's needs are met no matter the situation, filling out this form is a crucial step.
Navigating the guardianship terrain in Texas requires a thorough understanding of its legal instruments, one of which is the Texas Child Power of Attorney form. This pivotal document serves as a beacon for parents and guardians embarking on a journey to ensure the welfare of a child in their absence. It provides a legally binding framework that authorizes a trusted individual to make decisions and act on behalf of the child. Covering a broad spectrum of areas, including healthcare, education, and everyday welfare, the Texas Child Power of Attorney form demands careful consideration. Its significance is magnified in situations where parents or legal guardians anticipate their unavailability due to various reasons such as travel, illness, or military service. By completing this form, parents place their trust in a designated agent, empowering them to make critical decisions that reflect the child's best interests. However, the nuances of this legal document and its proper execution require a deep dive into its structure, the scope of authority granted, and the legal obligations it entails for all parties involved.
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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Filling out the Texas Child Power of Attorney form is a significant step towards ensuring the well-being of a child under circumstances where the primary caregiver is unavailable. This document grants a trusted individual the authority to make decisions on behalf of a child, including those related to education, health care, and everyday needs. The process requires attention to detail to ensure that the authority is clearly defined and legally binding. Here are the steps to properly fill out this form, keeping the child's best interests at the forefront.
Once the Texas Child Power of Attorney form is filled out and properly executed, it acts as a legal safeguard, ensuring that the child's needs can be met even in the parent's or legal guardian's absence. It's advisable to regularly review and, if necessary, update the document to reflect any changes in the family's situation or in the child's needs. Always consider consulting with a legal professional to ensure that all legal requirements are met and that the document fully protects the child's interests.
The Texas Child Power of Attorney form is a legal document that allows a parent or guardian to grant another individual, known as the agent, the authority to make certain decisions and carry out specific responsibilities related to the care of a child. This can include decisions about education, healthcare, and general welfare. It's a way for parents to ensure their child is cared for when they're unable to do so themselves due to temporary circumstances.
An agent designated in a Texas Child Power of Attorney form can be any trustworthy adult the parent or guardian chooses. This is often a close family member such as a grandparent, aunt, or uncle, but it can also be a family friend. The key requirement is the parent's trust in the individual's ability to act in the best interest of the child.
The Texas Child Power of Attorney form can be set to last for a specific period, not to exceed one year, according to Texas law. To extend this period, a new document must be executed once the original one expires.
The agent can make various decisions on behalf of the child, including but not limited to:
Yes, parents retain their rights after signing a Texas Child Power of Attorney. This document does not terminate parental rights; it merely delegates certain responsibilities and authority to another individual temporarily. Parents can revoke the power of attorney at any time.
While the Texas Child Power of Attorney form is designed to comply with Texas law, its validity in other states depends on the specific laws of that state. It's recommended to consult with a legal professional if the child will be living or spending a significant amount of time in another state.
To revoke a Texas Child Power of Attorney, the parent or guardian must create a written document that explicitly states their intention to revoke the power of attorney. This document should be notarized and distributed to any individuals or institutions that were aware of the original power of attorney, including the agent.
To execute a Texas Child Power of Attorney, certain requirements must be met, including:
Yes, a Texas Child Power of Attorney can be used to enroll a child in school. It grants the agent the authority to make educational decisions, including enrollment and participation in school activities, on behalf of the child.
While a Texas Child Power of Attorney grants significant authority to the agent, there are limitations. For instance, the agent cannot change the child's legal standing, such as adoption or name changes. Additionally, this document cannot be used to circumvent laws or court orders, and it does not provide the agent with the ability to make decisions against the parent's wishes as long as the parent is capable and available to make those decisions themselves.
Not Specifying the Powers Granted Clearly: One of the fundamental mistakes is the failure to clearly specify the powers being granted to the attorney-in-fact. This form allows you to grant someone legal authority to make decisions on behalf of your child, but if the powers aren't detailed enough, it may lead to confusion or misuse.
Ignoring the Execution Requirements: Texas law has specific requirements for the execution of a Power of Attorney form. This includes the need for witnesses or a notary public to validate the signature. Overlooking these requirements could lead to the document being considered invalid.
Omitting the Duration: Another common mistake is not specifying the duration for which the Power of Attorney is valid. Without a clear end date or conditions for termination, you could unintentionally grant enduring powers that extend beyond your intended timeframe.
Forgetting to Revoke Previous Powers of Attorney: If a previous Child Power of Attorney form was executed, failing to revoke it before or at the time of executing a new one can lead to legal ambiguities about which form should be followed, potentially complicating care or decision-making for the child.
Using a Generic Form Without Tailoring: Relying on a generic form without ensuring it complies with Texas-specific laws and requirements can be risky. Each state has its own legal nuances, and what works in one state may not be appropriate in another, potentially rendering the document ineffective in Texas.
Tackling legal forms with caution and thoroughness can prevent these and other potential pitfalls. When in doubt, seeking guidance from a legal professional can provide clarity and ensure that the best interests of the child are being prioritized and protected.
When preparing a Texas Child Power of Attorney form, there are additional documents and forms that may be necessary to ensure the comprehensive management of a child's needs and legal affairs. These documents can help in situations ranging from medical emergencies to educational decisions, making it important for guardians and parents to consider them. Below is a list of other forms and documents often used alongside the Texas Child Power of Attorney form.
Ensuring that these forms and documents are properly prepared and accessible can provide peace of mind for parents and guardians. They serve as important legal tools that can effectively manage the care and safety of a child, especially in the absence or incapacity of the parents. Understanding each document’s purpose and requirements is key in building a comprehensive legal safety net for the child’s wellbeing.
The Texas Child Power of Attorney form shares similarities with the Durable Power of Attorney, primarily focusing on the versatility of decision-making rights granted to the agent. Like the Child Power of Attorney, the Durable Power of Attorney permits an individual to make important decisions on another's behalf. However, it uniquely extends its coverage to include a wide range of decisions beyond care and custody, often encompassing financial and medical decisions, and remains in effect even if the principal becomes incapacitated.
Similar to the Medical Power of Attorney, the Texas Child Power of Attorney focuses on allowing an agent to make critical decisions during a specific period. The Medical Power of Attorney allows an individual to appoint someone to make healthcare decisions for them when they are unable to do so themselves. Both documents operate under the premise that the appointed agent will act in the best interest of the principal or child, focusing on health and welfare decisions.
The Limited Power of Attorney also bears resemblance to the Texas Child Power of Attorney by giving the agent restricted powers to act on behalf of the principal. However, the Limited Power of Attorney is unique in its narrow focus, usually confined to a single transaction or specific type of decision. This contrasts with the broader care and welfare authority granted under the Child Power of Attorney.
The Guardian of Minor Agreement is closely related to the Texas Child Power of Attorney, with both documents focusing on the welfare of a child. The Guardian of Minor Agreement typically designates a person to care for a child in the event of the parents' decease or incapacity, offering a more permanent arrangement. The Child Power of Attorney, on the other hand, generally addresses temporary caregiving arrangements without terminating parental rights.
The Educational Power of Attorney is another similar document, granting an agent the authority to make educational decisions on behalf of a minor. Like the Child Power of Attorney, it focuses on a child's welfare but is specifically limited to educational contexts, including the choice of school, accessing educational records, and making decisions regarding special education services.
Lastly, the Springing Power of Attorney shares a similarity with the Texas Child Power of Attorney through its conditional activation. It only becomes effective under certain circumstances, such as the incapacity of the principal. The Child Power of Attorney might also contain conditions for its activation, focused specifically on the child's needs and circumstances requiring the delegation of parental authority.
When filling out the Texas Child Power of Attorney form, it’s important to be meticulous and informed. This form legally authorizes another person to make decisions about a child's welfare on behalf of the parent or guardian. To ensure the process is handled correctly, here’s a list of dos and don'ts to consider:
Understanding the nuances of legal documents is crucial, especially when it concerns the welfare of children. Among these critical legal devices, the Texas Child Power of Attorney (POA) form is commonly misunderstood. This misinformation can lead to missteps in its application, which in turn, could affect the well-being of the child in question. Here, we address four common misconceptions about the Texas Child Power of Attorney form to provide clarity.
Clearing up these misconceptions is vital for the proper use and understanding of the Texas Child Power of Attorney form. Families should approach this document with a full comprehension of its implications, ensuring that the welfare of the child is always the priority. Seeking legal advice or assistance can provide further guidance tailored to an individual's specific situation, ensuring that the use of such forms is both appropriate and effective.
The Texas Child Power of Attorney (POA) form is a crucial document that allows parents or guardians to grant temporary decision-making authority over their child to another adult. Understanding how to properly fill out and utilize this document is important for ensuring the safety and well-being of the child. Below are key takeaways regarding this form.
Utilizing the Texas Child Power of Attorney form properly ensures that a trusted adult has the authority to make necessary decisions for a child when the parent or guardian cannot. It provides peace of mind and a safety net for unforeseen circumstances.
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