Authorization Agreement For Nonparent Adult Caregiver (Authorization Agreement)

What is an Authorization Agreement for Voluntary Adult Caregiver?

It is a form that a parent or parents can sign authorizing an adult to provide temporary care for a minor and make decisions on their behalf. The form is signed by the parent(s) and the adult agreeing to care for the minor.[6]

Who is authorized to act?

Any adult person who the parent has authorized to provide temporary care for a minor, can be authorized by this agreement. The person authorized to care for the minor also must sign the form.[7]

What does an Authorization Agreement for Voluntary Adult Caregiver do?

The Authorization Agreement addresses eight actions the adult caregiver can do:

  1. Consent to medical treatment for the minor;
  2. Get insurance for the minor;
  3. Enroll the minor in school/daycare;
  4. Consent to extracurricular activities;
  5. Consent to the minor getting a driver’s license;
  6. Consent to the minor getting a job;
  7. Apply for and receive public benefits on behalf of the minor; and
  8. Obtain state or federal personal identification documents for the minor.[8]

What does an Authorized Agreement not do?

This agreement does not limit or terminate the parents’ rights to the child.[9] This agreement also does not address anything beyond the eight actions listed above.

Additionally, the adult caregiver cannot consent to abortions, emergency contraception, or immunizations if the parent specifically said no, and caregivers cannot apply for a passport on behalf of the minor.[10]

What information is needed?

The name, address, and telephone number of both parents and the adult caregiver are needed.[11] Only one parent is required to sign, but if only one parent signs the agreement, the signing parent must send a copy of the signed agreement to the non-signing parent within 10 days after the agreement was signed. The agreement must be sent by certified mail, return receipt requested, AND by regular first class mail. There are some exceptions to the mailing requirement that can be discussed with an attorney. [12]

How long does an Authorization Agreement last?

The agreement is valid for six-month terms that automatically renew, unless the agreement provides a specific expiration date before the six-month term is up or it is terminated before the term expires.[13] Termination occurs through written revocation of the agreement or if the court enters an order concerning the minor.[14]

Do I need to go to court?

Unless there is a court order or pending case involving custody, possession, visitation, child support, or placement involving the child, this is a document that can be signed outside of court between the parent and the adult caregiver.[15] If there has been a court order or pending case involving the child, the court with jurisdiction must give written approval.

The signed agreement must be notarized.[16]

[6] Tex. Fam. Code § 34.002 [7] Tex. Fam. Code § 34.0015 [8] Tex. Fam. Code § 34.002(a). [9] Tex. Fam. Code § 34.007(b) [10] Tex. Fam. Code § 34.002(c). [11] Tex. Fam. Code § 34.003(a) [12] Tex. Fam. Code § 34.005(a) [13] Tex. Fam. Code § 34.0075. [14] Tex. Fam. Code § 34.008. [15] Tex. Fam. Code § 34.0021 [16] Tex. Fam. Code §34.004