Special Power Of Attorney for a Nonparent Caregiver (SPOA)

What is a power of attorney?

A power of attorney is a written document allowing someone else to make decisions or take actions on another’s behalf. A sample SPOA can be found here.

What is a special power of attorney for a non parent caregiver?

A special power of attorney is created for a specific purpose, so the SPOA for a nonparent caregiver is created for the caregiving of a child. This is a private agreement between the parent(s) of a minor and a nonparent caregiver, giving the nonparent authorization to make decisions for the minor. While both parents can sign the SPOA, it is only necessary for one to sign if the other is not readily available.

What can be addressed in an SPOA?

Any right that a parent has regarding their children can be given through an SPOA, making this option more expansive than an authorization agreement, which specifies eight acts that a nonparent caregiver can perform on behalf of a minor.

Is an SPOA a custody document?

An SPOA is not a custody document or order. Parents and nonparents cannot establish custody through a power of attorney. Parental rights and duties are also not impacted by an SPOA.

How long does an SPOA last?

SPOAs are valid until they are revoked or expire based on the contents of the agreement. They also expire upon the death of the parent giving the powers or if those powers are removed or changed by a court order.

Do I need to go to court?

No, this document can be signed outside of court between the parent and the adult caregiver. It can be signed even if there is a court order regarding custody, possession, visitation, child support, or placement of the child. The SPOA must be notarized.

SPOA vs. Authorization Agreement for Voluntary Adult Caregiver

Because there is a Texas law[17] providing for the Authorization Agreement for Voluntary Adult Caregiver, third parties, such as schools and medical providers, are more likely to accept it as proof of authority to make decisions and act on behalf of a child. An SPOA is a valid document but is sometimes rejected because there is not a specific law authorizing it.

If there is a court order addressing custody, possession, visitation, child support, or placement involving the child, or a pending court case addressing those issues, an SPOA is likely the better option because you do not have to go to court to get approval of the Authorization Agreement for Voluntary Adult Caregiver.

An SPOA is an easier option if only one parent is signing because the Authorization Agreement for Voluntary Adult Caregiver has complicated requirements for mailing the other parent copies of the notice.

Both SPOAs and Authorization Agreements for Voluntary Adult Caregiver may be rejected arbitrarily because they were signed a long time ago, so it is best to maintain contact with the parent so new documents can be signed as needed.

[17] Tex. Fam. Code § 34.0015-34.009

Is this the right fit?

  • Do the actions laid out in an authorization agreement address what is needed? If not, an SPOA may be a better option.
  • An SPOA requires the consent of the parents, as it is between the parents of the minor and the adult caregiver. If a parent will not consent, an SPOA will not be an option.
  • This is a longer-term option, but it is not a permanent option because there is no defined expiration date and it can be revoked at any time by the minor’s parents.