Texas Minor Child Power of Attorney Form

Updated: Oct 29, 2026

Texas Minor Child Power of Attorney Laws and Requirements

The Texas Family Code calls this kind of document an authorization agreement. A parent or both parents may enter into one with an adult caregiver. The agreement is for a term of six months from the date the parties enter into it and renews automatically for six-month terms.^[1.1][1.2] The sections below cover the term, the caregiver and the details of this form.

Term of the agreement

The six-month term counts from the date the parties enter into the agreement. After that, it renews automatically for six-month terms unless one of these applies:^[1.2]

• an earlier expiration date is stated in the authorization agreement
• the authorization agreement is terminated as provided by Section 34.008
• a court authorizes the continuation of the agreement as provided by Section 34.008(b)

Form 2638 has a TERM OF AUTHORIZATION AGREEMENT part on page 4. It has a line for an expiration date earlier than six months and a line for circumstances that end the agreement before that date.^[2] Step 10 below covers it.

Under Tex. Fam. Code § 34.008(c), the agreement terminates on written revocation by a party if the party gives each party written notice of the revocation, files the written revocation with the clerk of the county in which the child resides, the child resided when the agreement was executed, or the adult caregiver resides, and also files it with the clerk of each court the statute lists.^[1.6]

The adult caregiver as agent

The statute names the other party to the agreement an adult caregiver.^[1.1] Under Tex. Fam. Code § 34.0015, an adult caregiver is an adult person whom a parent has authorized to provide temporary care for a child.^[1.3] Form 2638 calls the same person the voluntary adult caregiver.^[2] It has no part for a successor or alternate caregiver. This page does not list who counts as an adult caregiver, so read the statute before you choose one.

Texas Minor Child Power of Attorney Form Details

What the Agent Can Do for the Child

Form 2638 lists eight acts the voluntary adult caregiver may perform for the child. The parent strikes through any that do not apply, and the caregiver assumes the responsibility of performing the rest.^[2]

• authorize medical, dental, psychological and surgical treatment and immunization of the child
• obtain and maintain health insurance coverage, and automobile insurance coverage if appropriate
• enroll the child in a day-care program or a preschool, primary or secondary school
• authorize the child to take part in age-appropriate extracurricular, civic, social or recreational activities, including athletic activities
• authorize the child to obtain a learner's permit, driver's license or state-issued identification card
• authorize employment of the child
• apply for and receive public benefits on behalf of the child
• obtain copies or originals of the child's state-issued identification documents, including the birth certificate, and, to the extent federal law allows, federally issued ones such as the social security card

The form has no lines for writing in other powers.

If you need a different kind of authority, see the Texas medical power of attorney, limited power of attorney or general power of attorney forms.

What You Need Before You Start

Gather the details below before you open the form. Form 2638 asks mostly for names, addresses, phone numbers and a few check boxes, so it takes about ten minutes once you have them in front of you.

• the child's full name and date of birth
• your full name, physical address, telephone number and another way to contact you
• the same details for the child's other parent
• the caregiver's name, relationship to the child, physical address, telephone number and other contact information
• whether a court is involved with the child, and if so a copy of the court's written approval
• an expiration date, only if the agreement should end earlier than six months
• a notary public for page 5, where you and the caregiver sign

Filling Out Texas Minor Child POA Form

The steps below follow Form 2638, the Authorization Agreement for Voluntary Adult Caregiver that the Texas Department of Family and Protective Services publishes (Revised October 2017). It is the PDF this page hands out.^[2] The form runs six pages and has 34 fillable fields, and the 13 steps keep its order and its own labels. Type your entries in the PDF before you print it, or print it and write by hand. You can also fill out Form 2638 online.

The screenshots under each step show Texas DFPS Form 2638, the official Texas form, filled with sample entries in blue, so you can see where each answer goes. The names, addresses, phone numbers and dates are examples only.

1. Child's Full Name and Date of Birth (page 1). The form opens with the statement that the agreement is made in conformance with Chapter 34 of the Texas Family Code concerning the following child. Enter the child's full name and date of birth.

   

2. Parent completing this form (page 1). Enter your full name, physical address and telephone number. Under Other contact information, add another way to reach you, such as an email address.

   

3. Child's other parent (page 1). Enter the other parent's full name, physical address, telephone number and other contact information.

   

4. The caregiver: Name and Relationship to Child (page 1). Enter the caregiver's name. Under Relationship to Child (check one), check Adult Caregiver, or check Parental Child Safety Placement Voluntary Caregiver if the requirements of Texas Family Code, Subchapter L are met. Then enter the caregiver's physical address, telephone number and other contact information. The notice under the box says the parent and the voluntary adult caregiver are required by law to immediately provide each other with information about any change in address or contact information.^[2]

   

5. Acts the caregiver may perform (page 2). The form lists the eight acts described above. Strike through any that do not apply. The sample strikes through act (6), employment of the child.

   

6. No current authorization agreement (check if applicable) (page 2). Check the box if, to the best of the parent's and the caregiver's knowledge, the child is not the subject of a current valid authorization agreement, and no parent, guardian, custodian, licensed child-placing agency or other agency makes a claim to the child that is inconsistent with this agreement.

   

7. Court involvement (choose one) (page 2). Check THERE IS NO COURT INVOLVEMENT WITH THIS CHILD only if all three statements under it apply. Otherwise check THIS CHILD HAS BEEN THE SUBJECT OF A COURT ACTION. That box states that the court with continuing jurisdiction has given written approval for the agreement, with the county where the court is located, the number of the court and the cause number. Staple a copy of the court's order to the agreement, as the form asks.^[2]

   

8. WARNINGS AND DISCLOSURES (page 3). There is nothing to fill in, but the parent and the voluntary adult caregiver must read all of the warnings and disclosures before signing. They include that a parent's rights as a parent may be adversely affected by placing or leaving the child with another person, that the agreement does not confer on the caregiver the rights of a managing or possessory conservator or legal guardian, and that a parent who is a party may terminate the agreement and resume custody, possession, care and control of the child on demand.^[2] Tex. Fam. Code § 34.003(b) requires these warnings and disclosures in an authorization agreement.^[1.4]

   

9. MAILING REQUIREMENTS (page 4). There is nothing to fill in. When both parents do not sign, a copy of the agreement must be mailed to the non-signing parent at that parent's last known address, unless that parent has died or that parent's parental rights have been terminated. The form says the agreement is void unless, not later than the 10th day after it is signed, the parties mail one copy by certified mail, return receipt requested, and one copy by first class mail (or the international versions of both). The form also lists the exceptions, such as a protective order against the non-signing parent.^[2]

   

10. TERM OF AUTHORIZATION AGREEMENT (page 4). The agreement is for a term of six months from the date the parties enter into it and renews automatically for six-month terms.^[1.2] Write a date on the expiration line only if the agreement should expire earlier than six months after you enter into it. On the last line, you may state circumstances that end the agreement before the expiration date.

    

11. PARENT (page 5). Read the statement at the top of the page: by signing, the parent and the voluntary adult caregiver acknowledge that they have each read the agreement carefully, are entering into it voluntarily, and have read and understand all of the Warnings and Disclosures.^[2] Sign on the line above PARENT before a notary public and print your name on the Printed name line.^[1.5] The notary completes the SUBSCRIBED AND ACKNOWLEDGED BEFORE ME line and signs as Notary Public in and for the State of TEXAS.

    

12. PARENT** (page 5). If both parents sign the agreement, the child's other parent signs here before a notary public and prints their name. This block has its own notary lines. If only one parent signs, see the mailing requirements in step 9.

    

13. VOLUNTARY ADULT CAREGIVER (page 5). The caregiver signs on the line above VOLUNTARY ADULT CAREGIVER before a notary public and prints their name.^[1.5] A notary completes the third notary block.

    

Page 6 prints the Texas Family Code sections on the term of the agreement (Section 34.0075) and on ending or revoking it (Section 34.008). It has nothing to fill in.^[2]

How Form 2638 is signed. Page 5 has three signature blocks: PARENT, PARENT** and VOLUNTARY ADULT CAREGIVER. Each has a signature line, a Printed name line and a notary section that reads "SUBSCRIBED AND ACKNOWLEDGED BEFORE ME on this ____ day of ____, 20__", with a line for a Notary Public in and for the State of TEXAS.^[2] The form has no witness lines.

The FormsPal template from Create My Document. The template is a separate document, not Form 2638. A Texas authorization agreement must contain the statements and information listed in Tex. Fam. Code § 34.003.^[1.4] It must also be signed and sworn to before a notary public by the parent and the adult caregiver.^[1.5] Form 2638 is the DFPS form made for this: it states that it is made in conformance with Chapter 34 of the Texas Family Code.^[2]

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Frequently Asked Questions

These answers come from the Texas Family Code sections cited on this page. They cover the term of the agreement, who can be the agent and the limit of one agreement per child. Ask a notary or the county clerk about anything that is not covered here.

How long does a Texas minor child power of attorney last?

The agreement is for a term of six months from the date the parties enter into it. It then renews automatically for six-month terms unless one of these applies:^[1.2]

• an earlier expiration date is stated in the agreement
• the agreement is terminated as provided by Section 34.008
• a court authorizes the continuation as provided by Section 34.008(b)

Who can be the agent on a Texas minor child power of attorney?

The agent must be an adult caregiver. A parent or both parents of a child may enter into an authorization agreement with an adult caregiver.^[1.1]

Can a child have two power of attorney agreements at the same time in Texas?

No. Only one authorization agreement may be in effect for a child at any time. An authorization agreement is void if it is executed while a prior authorization agreement remains in effect.^[1.1]

General information, not legal or tax advice.

Sources

The numbered markers in the text point to the sources below. Each marker from [1.1] to [1.6] names the section of the Texas Family Code that supports the sentence before it, so you can read the statute itself. Marker [2] points to DFPS Form 2638, the form this page hands out.

1. Texas Legislature Online. Texas Family Code §§ 34.002 to 34.0075.
   • 1.1 Tex. Fam. Code § 34.002
   • 1.2 Tex. Fam. Code § 34.0075
   • 1.3 Tex. Fam. Code § 34.0015
   • 1.4 Tex. Fam. Code § 34.003
   • 1.5 Tex. Fam. Code § 34.004
   • 1.6 Tex. Fam. Code § 34.008
2. Texas Department of Family and Protective Services. Authorization Agreement for Voluntary Adult Caregiver (Form 2638), Revised October 2017. Accessed October 16, 2026.

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.