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Texas Minor (Child) Power of Attorney Form

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Texas Minor (Child) Power of Attorney Form is a legal document that allows the parent(s) or legal guardian(s) of one or more children to grant temporary guardian powers to a trusted relative or friend. Generally speaking, this is considered a necessary precaution by many since minors/children cannot (and should not) represent themselves before certain institutions without an adult present. Obviously, when a hospital needs to determine a child’s treatment or a school needs to arrange an event off school property, the parent or legal guardian of the child will be called upon. If this entity is not available (i.e. travel, military deployment, long-term jury duty) to care for the child, this paperwork will allow an appointed agent to engage in the same decision-making tasks or even take actions that usually only the child’s parent or legal guardian is responsible for. This type of delegation of power may be active for a period up to one year. If the agent must act for a longer period of time, the parent(s) who issued this document must issue an updated version of this paperwork at the time it terminates. If any section of this document requires added space, continue on an added sheet and attach it to the document, This document may be revoked at any time in writing to the Attorney in Fact/Principal

Senate Bill – SB 1598

Designation of Guardian for Incapacitation – Unlike the Guardian Power of Attorney (mentioned above), this designation only goes into effect if the parent becomes incapacitated (dementia, Alzheimer’s, etc.).

How to Write

1 – The Paperwork On This Page Supplies The Framework To Designate An Agent With Guardian Powers

Download this document so that Guardian Powers over a Child’s welfare may be delivered to a Guardian Attorney-in-Fact. Use the buttons on this page (below the picture) to gain a copy for your use.

2 – Produce The Name Of Each Parent Intending To Delegate Authority

The first section “1. Parent Information” is the area where we will state several facts regarding each Parent involved with the Child. Both Parents of the child must have the requested information supplied where appropriate.

Record the Legal Name of the Parent issuing this document in the first empty space Use the blank space after the label “My Address” to document the issuing Parent’s Residential Building Number, Street Name, applicable Apartment Number, City, and State. Next, the issuing Parent’s Telephone Number should be reported after the words “…Best Way To Contact.” Finally, enter the issuing Parent’s Driver’s License (or similar State/Federal I.D. Number) just under the words “Driver’s License Number…” The next three blank lines, “Name Of Other Parent,” “Address,” and “Telephone Number” will need the second Parent’s Name, Residential Address, and current Telephone Number The Parent issuing this delegation will need to indicate the status of the other Parent in relation to this paperwork. If the other Parent will sign this document, the issuing Parent must initial the first blank space. If the other Parent will not sign this paperwork, the issuing Parent must initial the second statement then disclose why the other Parent will not sign this document.

3 – The Parent(s) Should Acknowledge This Paperwork’s Disclosures

The second section, “2. Acknowledgment Of Disclosure Statement,” will provide an Acknowledgment Statement that each Parent should initial. The issuing Parent should read then initial the first statement while the other Parent must read and initial the second statement. 

4 – Indicate The Status Of Any Existing Court Orders

The issuing Parent will need to address the question of a possible court order that may be applied to who has Authority over the child’s welfare. This document will not have any power to interfere with a custody order issued by the courts. The issuing Parent should initial the blank space that precedes the statement that best applies to the current situation.

If no court orders have been issued regarding the child, the issuing Principal should initial the first statement. If there has been a court order issued regarding this child, the issuing Parent must initial the second blank line. In addition, the Case Number and County must be recorded (in that order) on the two blank spaces after the words “…Case Number”If a court order that delegates the right to decide where the child lives to the issuing Parent has been issued, the Parent should initial the third statement. If the issuing Parent has given a copy of all current court orders regarding the child to the Guardian Attorney-in-Fact then, the Parent must initial the last statement.

5 – Formally Designate The Agent As A Guardian Of The Child

It is imperative for this appointment that each Agent being designated with Principal Power be reported in “4. Designation Of Agent.” First, locate the blank space after the parentheses label “(Print Name Of Agent)” to enter the Full Legal Name of the Agent being given Guardian Powers over the concerned Child. Now, furnish the Address of the Guardian Attorney-in-Fact using the blank space labeled “Agent’s Address.”

This should be followed by the Agent’s State Identification Number (i.e. Driver’s License) and the issuing state. Document the Guardian Attorney-in-Fact’s I.D. Number using the first blank space following the statement “Driver’s License Number And Issuing State” The last blank line requires the Contact Telephone Number where the Agent may be contacted immediately.

6 – State The Name Of Each Child That Will Be Under The Agent’s Care

The next section “5. Children Covered By This Power Of Attorney” seeks to clearly present the Child who the Guardian Attorney-in-Fact will take care of in the name of the Parent. Only two pieces of information are required here. Use the first line to enter the Child’s First, Middle, and Last Name. The Birthday of the Child must be documented on the blank line labeled “Date Of Birth.”

7 – The Guardian Powers Must Be Approved By The Principal

The Parental Powers that will be delivered to the Guardian Attorney-in-Fact will have to be approved by the issuing Parent. A list for this purpose has been supplied in “6. Powers (Areas Of Authority)” The Parent will need to initial each Power Statement defining a type of Authority that will be granted to the Guardian Agent.

If the Guardian should have the Principal Power to “Maintain Physical Possession Of The Child” then the Principal should initial the blank line that is attached to the first statement. The second statement will supply language to allow the Guardian Agent to determine where the Child will live (unless there is a court order involved). If the Agent should be able to make this decision, then he or she should initial the second statement. If the Parent wishes to grant the Agent the Authority required to supply the Child with the Authority to supply “Care, Protections and Reasonable Discipline” necessary for the Child’s welfare to the Guardian Attorney-in-Fact then, the issuing Parent must initial the third statement.    If the Guardian Attorney-in-Fact can oversee the Child’s “Moral And Religious Training” then the principal must initial the fourth statement The Parent can give the Guardian Attorney-in-Fact the Authority to (if appropriate) arrange Pre-school or Child Care for the Child. If the Guardian should have this Power, then the Parent must initial the fifth statement. The sixth statement contains the language required to give the Guardian Agent the Parental Authority to decide where the Child goes to school and to access the School Records of the Child. To give the Guardian Attorney-in-Fact the ability to Register the child for school activities (and give authorization), the Parent must initial the line just before the words “To Register The Child For…” The Guardian Attorney-in-Fact can be given the Authority to make arrange, give consents, and generally approve or deny the child’s participation/enrollment with extracurricular activities (i.e. social activities, sports, etc.) if the Parent initials the seventh statement in this list. The issuing Parent can deliver the Principal Powers required to arrange for the Child’s Provisions (i.e. clothing, food, shelter, health care, mental health care, etc.) to the Guardian Agent by initialing the eighth statement.  The Guardian Agent can be appointed with the Parental Powers required to handle the child’s insurance policies. The ninth statement can deliver this Power when it is initialed by the Parent. It should be noted this statement will also grant to Authority to determine which insurance policies the Child should have. If the Principal initials the tenth statement, the Guardian Attorney-in-Fact will be designated with the ability to obtain Physical, Dental, and Mental Health Care for the Child as the ability to access the Child’s records relating to any such service as well as give consent to these services. The eleventh statement shall define the Guardian Attorney-in-Fact as being the Child’s Designated Agent for the purposes listed in the Health Insurance Portability And Accountability Act Of 1996 (HIPAA). If the Parent wishes to grant this designation to the Agent, then he or she should initial the blank space that precedes this statement. The Parental Ability to open and manage Bank Accounts or accounts with Financial Institutions (in the Child’s Name) can be delivered to the Guardian Attorney-in-Fact when the thirteenth statement in this list is initialed by the issuing Parent.   The Guardian Agent can arrange for licenses and/or registrations for motor vehicles, boats, etc. with Parental Powers once, the issuing Parent initial the fourteenth statement here. The wording in the fifteenth statement shall give the Guardian Attorney-in-Fact the Power to co-sign/guarantee loans for the child regarding Education, Goods/Services, or other areas where it is appropriate when the Parent initials the blank line presented before it The next statement in this list will allow the Guardian Attorney-in-Fact to collect/pay debts concerning the Child (from the Child’s capital) and “…Defend Suits Against The Child” as well as “…Pursue Suits To Benefit The Child” when the Principal initials the corresponding blank space.  If the Guardian Attorney-in-Fact should have the Principal Power to give consent for appropriate and lawful employment of the Child, then the Parent must initial the seventeenth statement. The Parent can authorize the Guardian Attorney-in-Fact to arrange and carry out travel plans for the Child both in and out of the Country. This means any paperwork that must be submitted on the Child’s behalf for Travel may be executed by the Guardian Attorney-in-Fact as he or she sees fit. To grant this Power, the Parent must initial the eighteenth item on this list.

8 – Identify The Child’s Special Needs

Many children may be allergic to certain things (i.e. Medication, Bees, Peanuts, etc.) and/or may have specific Health or Dietary Needs. To safely and responsibly appoint a Guardian Attorney-in-Fact with these Powers a full report on such Health Concerns particular to the concerned Child should be documented in “7. Allergies And Special Health Needs.” A blank space has been supplied here for this purpose however an attachment with this information may be included with this paperwork if more room is required. If you are working with an editing program you may simply insert more lines as necessary.

9 – Provide Documentation For Any Limits Or Restrictions Of Guardian Powers

The Parent of the Child may decide that some limitations and restrictions should apply to the Guardian Attorney-in-Fact’s Principal Powers. If so, they must be determined and presented as clearly as possible in the area supplied in “8. Limitations On Agent.” If there is not enough room, you may add more lines to this section or supply the balance of these Limitations/Restrictions in an attachment

10 – Any Alternate Agent Able To Assume Guardian Powers Must Be Declared

Oftentimes, it may be in both the Parent and the Child’s best interests to assign an individual as a Reserve Agent. That is an Alternate Agent who can assume the Principal Authority to care for the Child as per this document if the Guardian Attorney-in-Fact cannot or will not act as the Child’s Caregiver. To declare an entity with this Authority, several pieces of information must be delivered to this page in section “9. Designation Of Alternate Agent.” Use the blank lines labeled “Name,” “Address,” and “Telephone Number” to provide the Alternate Agent’s Identity and Contact Information

11 – The Lifespan Of The Guardian’s Principal Powers Must Be Addressed

The next section, “10. Duration,” will require a Calendar Date assigned to the Termination Date. The Termination Date, when these Powers naturally expire, should be listed on the blank space in the statement “The Expiration Date Of This Power Of Attorney Is.” Once this has been reported, the issuing Parent must initial the blank line that precedes the statement in this section.

12 – Describe How These Guardian Powers Will be Affected If the Parent Is Rendered Disabled

Two statements have been supplied to “11. Effect Of Subsequent Disability” so the Parent can easily define how his or her incapacity affects this document’s designation. If the Powers delivered here should not be affected by the Disability of the Parent, the first statement must be initialed by the Principal. However, if the Principal prefers these Powers to automatically terminate on the Date the courts determine he or she is incapacitated, the Parent will need to initial the second sentence.

13 – The Storage Of This Paperwork Must Be Described

Section “12. Revocation Provisions” should be read carefully by each Parent. This disclosure will inform the Parent of how this paperwork may be revoked and rendered ineffectual. The next section requiring direct attention is “13. Original And Copies.” Here, a report on where the Child and this paperwork are located must be disclosed. Use the first blank space to report the Name and the Address of the person the Child currently lives with on the first blank line. The second blank line requires the exact Physical Address where each copy of this paperwork will be stored and reliably accessed at any time by entities with the right to.

14 – Each Parent Must Sign This Paperwork Before Two Witnesses

Both Parents should sign this document, so it may be executed correctly. If one Parent will not or cannot sign this paperwork, make sure a report explaining why has been supplied to section “1. Parent Information.” At least one Parent must sign this document for it be put in effect. The Parent Signatures will need to be supplied in “15. Signatures” before two Witnesses. To begin the Signature Date of the first issuing Parent should be entered as a Calendar Day, Month Name, and Calendar Year on the blank spaces preceding the terms “Signed On This,” “Day Of,” and “20” Once the Signature Date has been supplied, the issuing Parent will need to sign and print his or her Name on the blank lines designated as “Parent’s Signature” and “Printed Name.” The second Parent must also sign this document if he or she is available to do so. As with the first Parent, the second Parent must supply the Date he or she signs this document in the appropriate area. The second Parent must sign his or her Name on the “Other Parent’s Signature” then, print his or her Name on the “Printed Name” line. The next part of this document, “16. Witnesses,” gives each of the Witnesses a specific area where he or she may furnish his or her “Signature,” “Printed Name,” “Date,” and “Address.”


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