Texas Minor Child Power of Attorney Form

A Texas Minor Child Power of Attorney lawfully establishes a caretaking transfer from a parent to a designated person, usually understood as an attorney-in-fact or a temporary guardian. Unexpected circumstances may demand parents’ absence and, as a result, the inability to provide their children with immediate caretaking. Therefore, the parents may support their minor child (or children) by asking a dependable friend or family member to accept responsibility and paternalize the minor child.

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texas minor child poa

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As a rule, parents empower another person to provide the child with:

  • health care, surgical, and dental treatment
  • traveling
  • education matters, like enrollment in school and other situations when a child might need an adult representative
  • lodging
  • food and clothing provision
  • financial supervision
  • everyday life maintenance

In Texas, a POA for a minor child and correlating issues are regulated by the Senate Bill 1598. To generate a template lawfully, one must observe the following conditions:

  • Only a person at least 18 years old of sound mind can become an attorney-in-fact.
  • To withdraw the document, the parent should express his or her wish in writing in the presence of two adult witnesses different from the designated agent.
  • To verify the document, the parents should sign the completed form in the presence of a notary public.
  • Some templates require two witnesses’ signatures. It happens when only one parent is issuing the minor child POA.
  • A certified Texas minor child power of attorney is operative for12 months. After the period has elapsed, the document requires renewal.
  • Parents do not give up their parental rights by proceeding with this form.

The parents can grant additional instructions to the preferred caregiver or restrict the powers to several matters. To ensure success, the parents can write the directions in a free format and attach the supplement.

Texas offers a specific form used when the parent(s) become incapacitated and cannot provide the child (children) with proper care due to severe mental or physical condition. However, they can designate a reliable individual to whom they entrust the child. The form is recognized as a Designation of Guardian in Advance of Need and is regulated by §676-677 of the state’s Probate Code.

Texas Minor Child Power of Attorney Form Details

Document Name Texas Minor Child Power of Attorney Form
Other Name Texas Temporary Guardianship Form
Relevant Laws Texas Senate Bill 1598
Duration Not specified
Avg. Time to Fill Out 10 minutes
# of Fillable Fields 44
Available Formats Adobe PDF

Filling Out Texas Minor Child POA Form

Once you have compiled the necessary documentation to prove your identity, you can generate a Texas minor child POA template. To ensure successful realization, we encourage the declarants to use our latest software—download the fillable power of attorney form and start filling it out immediately.

Texas grants various forms of this document that may differ in structure, but they all contain the same requirements.

1. Introduce the Parent(s)

Enter the legal name(s) of the parent(s) or the court-appointed guardian on the opening line. The following blank slot should be filled out with the address of the above-mentioned persons. If applicable, please include the contact phone number.

Some state forms may require the parent’s driver’s license and state ID number. If appropriate, please make sure to submit all necessary data.
Step 1 to filling out a texas child power of attorney - parents

2. Introduce the Child (Children)

Complete the section with the child’s name and date of birth. Indicate the child’s current residency (if applicable).
Step 2 to filling out a texas child power of attorney template - child

3. Appoint an Agent

Write down the legal name of the appointed attorney-in-fact and their relationship to the minor child (children). Specify the agent’s physical address and a contact phone number.
Step 3 to filling out a texas child poa sample - agent

4. Delegate Authorities to the Attorney-in-Fact

This section is devoted to the specification of responsibilities and rights the appointed person obtains to supervise the child. Most forms offer caretaking alternatives. The parent(s) should choose the preferred one, tick the box or place their initials next to their choice.

You are to choose between unlimited authorities and restricted powers. If the parent decides to introduce some limitations, list them on the spare lines in a free format.
Step 4 to filling out a texas child power of attorney form - authorities

5. Appoint a Successor Attorney-in-Fact

The parents are offered to choose a successor who will fulfill the caregiver’s responsibilities should the first agent fail or refuse. Enter the alternative representative’s name and address.
Step 5 to filling out a texas minor power of attorney template - successor

6. Define the Effective Period of the POA

Express your wish about the preferred effective period and insert the dates. The maximum period cannot exceed 12 months.
Step 6 to filling out a texas child poa sample - effective period

7. Collect the Parent’s Signatures

Authorize the Template by placing the date of completion and each parent’s print name and signature.

Make sure to collect all signatures in the presence of a notary public. Two witnesses’ signatures will be demanded if only one parent is creating the document.
Step 7 to filling out a texas minor blank power of attorney - parents signatures

8. Acquire Notarization

To complete the procedure and provide legal verification, the parties notarize the paperwork. A notary public acknowledges the identities of the participants and affixes their seal, signature, and date.
Step 8 to filling out a texas child power of attorney form - notarization

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Published: Jun 11, 2021