Texas Minor Child Power of Attorney Form

The Texas Minor Child Power of Attorney is a legal form that parents and guardians are able to complete in advance so that it is ready for a time they require it. That is, this form allows parents and guardians to make adequate preparations for circumstances which may cause them to be absent from their child/ren. Such preparations are possible by way of providing them with a lawful means to authorize another individual, called the Agent, to take care of their child/ren in such circumstances. Via their authorization, the Agent will be granted certain decision making powers that they can make use of to guarantee the care and wellbeing of their child/ren.

Additional Considerations

If a parent or guardian only wants the Power of Attorney to come into effect upon their incapacitation, they should not use a Minor Child Power of Attorney form. Instead they should use a Declaration of Appointment of Guardian for Children form. Sec. 1104.153 of the Texas Estates Code offers parents and guardians a form they may use for this purpose.

State Laws & Signing Requirements

State Laws – Durable Powers of Attorney

Signing Requirements – The state has not provided any specific signing requirements regarding Minor Child Power of Attorney forms. It is strongly recommended that parents and guardians who wish to enact this form sign it before a Notary Public and/or two (2) witnesses.