The Texas Minor Child Power of Attorney (Form 2638) is a document used by parents to convey concurrent authority to an agent that allows the third party to manage any of their child’s needs concerning schooling, medical/dental treatment, insurance, etc. The official document most commonly used for this conveyance in the state of Texas is actually called the “Authorization Agreement for Voluntary Adult Caregiver” which is provided by the Department of Family and Protective Services (DFPS). To successfully exercise this instrument, the parent(s)/guardian(s) must supply the form with personal information regarding themselves, the child, and the caregiver. Afterwhich, the parties are compelled to endorse the document in the presence of a notary public who may then attest to each individual’s signature.
Laws
Statutes – Title 2, Chapter 34: Authorization Agreement for Nonparent Adult Caregiver
Definition – “Adult caregiver” means an adult person whom a parent has authorized to provide temporary care for a child under this chapter (§ 34.0015(1)).
Signing Requirements – Acknowledgment of Notary Public (§ 34.004)
Termination – Users of this form may include an expiration date for the arranged terms, otherwise, the document will last a period of six (6) months and automatically renew until terminated in accordance with § 34.008.
Other Versions (4)
Texas Minor Child Power of Attorney – Version 1
Download: Adobe PDF
Texas Minor Child Power of Attorney – Version 2
Download: Adobe PDF, MS Word (.docx)
Texas Minor Child Power of Attorney – Version 3
Download: Adobe PDF, MS Word (.docx)
Download: Adobe PDF
Additional Resources
- DFPS – Instructions for Authorization Agreement for Voluntary Adult Caregiver
- DFPS – Voluntary Caregiver Manual
- Texas Association of School Boards – Family Law Basics
Related Forms
Authorization Agreement for Non-Parent Relative (Broad Authority Granted by Both Parents)
Download: Adobe PDF, MS Word (.docx)
Declaration of Appointment of Guardian for Children (§ 1104.153)
Download: Adobe PDF, MS Word (.docx)
Information: Adobe PDF
Revocation of Power of Attorney
Download: Adobe PDF