Elder Law Resource Center

» This Week's Column
» Search the Archive
» Submit a Question
» Probate Information
» FAQ's and Links

Virtual Online Law Office

» Document Preparation
» Legal Consultations

» About Paul Premack
» About Our Office
» Community Initiatives

Paul Premack, JD, CELA

Counselor at Law

8031 Broadway

San Antonio, TX 78209

210-617-3091 or

210-826-1122

Senior Texan Legal Guide

More information on a Parental Authorization relating to a minor child

This authorization may only be used between a parent of a minor child and a person who is the minor child’s grandparent, adult sibling, or adult aunt or uncle.

This agreement may be used for only ONE minor child. If you have other minor children for whom you desire similar authorizations, you must use a separately prepared and signed agreement relating to that child.

You can authorize your relative to have the following powers (or any subset of them):

• Authorize medical, dental, psychological, or surgical treatment and immunization of the child to whom this authorization applies, including executing any consents or authorizations for the release of information as required by law relating to the treatment or immunization;
• Obtain and maintain health insurance coverage for the child to whom this authorization applies and automobile insurance coverage for the child to whom this authorization applies, if appropriate;
• Enroll the child to whom this authorization applies in a day-care program or preschool or in a public or private primary or secondary school;
• Authorize the child to whom this authorization applies to participate in age-appropriate extracurricular, civic, social, or recreational activities, including athletic activities;
• Authorize the child to whom this authorization applies to obtain a learner’s permit, driver’s license, or state-issued identification card;
• Authorize employment of the child to whom this authorization applies;
• Apply for and receive public benefits on behalf of the child to whom this authorization applies.

There cannot be any other parent, guardian, custodian, licensed child-placing agency, or other authorized agency that asserts any claim or authority inconsistent with the authorization agreement with regard to actual physical possession or care, custody, or control the minor child.

If there IS a court proceeding already in place, the court must approve the Authorization Agreement before it is effective. If there is a court proceeding underway, DO NOT request this document from the Virtual Online Law Office unless you are prepared to seek that court authorization on your own.

If there is NO court proceeding already in place, you must certify in the Authorization Agreement that:

1.1. There is no court order or pending suit affecting the parent-child relationship; and

1.2. There is no pending litigation in any court concerning:

1.2.1. custody, possession, or placement of the child; or

1.2.2. access to or visitation with the child; and that there is not court with continuing jurisdiction over the child.

You and the Relative must be prepared to sign a statement agreeing that:

1. The parent and the relative have read all of the warnings and disclosures before signing the authorization agreement.

· The persons signing the authorization agreement are not required to consult an attorney but are advised to do so.

· The parent’s rights as a parent may be adversely affected by placing or leaving the parent’s child with another person.

· The authorization agreement does not confer on the relative the rights of a managing or possessory conservator or legal guardian.

· The parent who is a party to the authorization agreement may terminate the authorization agreement and resume custody, possession, care, and control of the child on demand. At any time the parent may request the return of the child.

· Failure by the relative to return the child to the parent immediately on request may have criminal and civil consequences.

· Under other applicable law, the relative may be liable for certain expenses relating to the child in the relative’s care, but the parent still retains the parental obligation to support the child.

· In certain circumstances, this authorization agreement may not be entered into without written permission of the court.

· The authorization agreement may be terminated by certain court orders affecting the child.

· The authorization agreement is void unless the parties mail a copy of the authorization agreement to a parent who was not a party to the authorization agreement, if that parent is living and that parent’s parental rights have not been terminated, not later than the 10th day after the date the authorization agreement is signed.

· The authorization agreement does not confer on a relative of the child the right to authorize the performance of an abortion on the child or the administration of emergency contraception to the child.