What Is a Texas Minor Power of Attorney (POA)?
A Texas minor (child) power of attorney is a legal document that gives a designated individual temporary authority over a minor’s education, medical care, and daily needs. It does not terminate parental rights or give custody of the minor child, but it gives a trusted adult the ability to make decisions when a parent is unavailable. Parents who are traveling, deployed, or facing a medical issue can use a TX minor POA to ensure someone can handle their child’s needs.
Under TX Fam Code § 34.002, a minor POA (also called an authorization agreement) can grant permission to an adult caregiver to perform the following acts for the child:
- Authorize medical care
- Authorize the release of medical information
- Obtain healthcare and automobile insurance
- Enroll the child in daycare or school
- Authorize participation in extracurricular activities
- Authorize the procurement of a learner’s permit, driver’s license, or state ID card
- Authorize employment
- Apply for and receive public benefits
- Obtain personal ID documents, like a birth certificate or Social Security card
Requirements for a Texas Minor (Child) POA
The main requirement for a Texas minor power of attorney is that it must be signed by the parent and the caregiver before a notary public (TX Fam Code § 34.004). Other requirements include the following:
- Clear start and end dates (minor POAs in Texas are easier to enforce if they’re clearly temporary)
- The parents’ understanding that the grant of power is temporary
- The agent must be at least 18 and be mentally competent
Unlike other POAs in Texas, a child POA does not need to be recorded anywhere. The parents may revoke it at any time using a Texas revocation of power of attorney.
Sample Texas Minor (Child) Power of Attorney
View an example of a Texas minor (child) power of attorney form to see how to structure yours. Create a customized document using Legal Templates’s guided form. Then, download the final printable version in PDF or Word format.
