Texas Minor Child Power of Attorney Form

The Texas Minor Child Power of Attorney is a legal form that parents and guardians can complete to appoint a legal guardian over their children for a length of time up to their choosing. The person chosen to take care of the parent’s child(ren) is typically family or a very close, trustworthy friend. Parents often choose to use the form when they know they will need to leave their children for a considerable length of time, such as leaving for active duty, serving a prison sentence, or entering into in-patient medical care.

Parents can choose to complete the form in advance so that it is ready for a time when they require it. Once completed, the agent will have the power to make any and all decisions regarding the minor child for up to one (1) year. If the parent wishes to state powers that are or are not to be granted to the agent, said permissions and/or restrictions should be attached to the POA before having it notarized.


Additional Considerations

If a parent or guardian wants the POA to come into effect upon their incapacitation, they should not use a Minor Child POA. Instead, they should use a Declaration of Appointment of Guardian for Children form, which is the official state-provided form to be used in such situations, according to § 1104.153 of the Texas Estates Code.

State Laws & Signing Requirements

State Laws: Durable Power of Attorney Act (§§ 751.001 to 751.251)

Signing Requirements (§ 751.0021): The POA needs to be signed by the parent or guardian who completed the form as well as notarized by a state officer who is permitted to either 1) take acknowledgments to deeds of conveyance or 2) administer oaths.