What Is a Texas Minor Power of Attorney?
A Texas minor (child) power of attorney (POA) is a legal document that gives a designated caregiver temporary authority over a minor’s education, medical care, and daily needs. It does not terminate parental rights but gives a trusted adult the ability to make decisions when a parent is not available.
When to Use a Texas Child Power of Attorney
Parents and guardians use this child power of attorney form when:
- traveling for an extended period and need a temporary caregiver
- deployed for military service and want to ensure care is seamless
- facing medical treatment or recovery that limits their ability to care
- giving a grandparent or close relative authority to make decisions
How to Get a Power of Attorney for a Child in Texas
Follow these steps to create a legally binding power of attorney:
- Choose a trusted caregiver: Select a responsible adult to act in the child’s best interest
- Fill out the form: Include the child’s details, parent’s contact information, caregiver’s name, granted powers, and duration
- Notarize the document: Texas law (§ 34.004) requires notarization for validity
- Distribute copies: Provide to schools, doctors, and relevant institutions for proof of authority
Legal Requirements and Considerations
Before filling out your form review the legal requirements under Texas law.
| Requirement | Details |
|---|---|
| Statute | Texas Family Code §§ 34.001-34.009 |
| Signing | Must be notarized |
| Duration | 6 months (renews unless revoked) |
| Where to File | Filing is not required |
| Revocation | Parents can revoke anytime |
What a Texas Minor POA Can and Cannot Do
A Texas minor power of attorney provides temporary authority but does not replace parental rights. Here’s what this document allows and what it cannot do.
What It Can Do
A Texas child POA can:
- authorize medical decisions, including emergency treatment
- manage school enrollment and education-related matters
- provide temporary caregiving authority without court involvement
What It Cannot Do
A Texas child POA cannot:
- terminate or modify parental rights
- override custody agreements set by a court
- establish a permanent guardianship arrangement
Create Your Texas Child Power of Attorney Today
Legal Templates simplifies the process of creating a legally binding Texas minor power of attorney. Our platform ensures that your document is accurate, compliant, and easy to use. With Legal Templates, you get a professional-quality form without unnecessary hassle.
Frequently Asked Questions
How long is a minor power of attorney valid in Texas?
In Texas, a minor power of attorney is valid for six months unless a different expiration date is specified in the document. It does not renew automatically, so a new form must be created if extended authority is needed.
Can I revoke a Texas minor power of attorney?
Yes, a Texas minor power of attorney can be revoked at any time if the parent or guardian is mentally competent. To revoke it, a written revocation should be signed and notarized, then delivered to the caregiver and any institutions relying on the document.
How much does a child power of attorney cost in Texas?
The cost of a child power of attorney in Texas varies depending on whether you use a DIY template or hire a lawyer. Legal fees typically range from $291 to $592, including attorney fees and notarization costs. Using an online service like Legal Templates is a more affordable option.
