The Texas educational guardianship form most families are looking for is the Authorization Agreement for Nonparent Adult Caregiver, a free document published by the Texas Department of Family and Protective Services under Chapter 34 of the Family Code.1Texas Department of Family and Protective Services. DFPS Forms It is not a true guardianship, which only a court can create. It is a notarized agreement a parent signs to give a trusted adult temporary authority over a child’s schooling, medical care, and other everyday decisions. To be valid, it has to be signed before a notary, and in most situations a copy must be mailed to the other parent within ten days.
What the Form Lets a Caregiver Do
Under Texas Family Code Section 34.002, the agreement can authorize the caregiver to enroll the child in day care, preschool, or any public or private K–12 school; consent to medical, dental, psychological, and surgical treatment, including immunizations; obtain and maintain the child’s health insurance; permit extracurricular, civic, and athletic activities; authorize a learner’s permit, driver’s license, state ID, or employment; and apply for public benefits or request copies of the child’s birth certificate, Social Security card, and other identity documents.2State of Texas. Texas Family Code 34.002 – Authorization Agreement The DFPS form states one express limit: the caregiver cannot consent to an abortion or emergency contraception for the child.
The caregiver does not have to be a relative. The statute defines an adult caregiver as any adult a parent has authorized to provide temporary care under Chapter 34. The relationship (grandparent, aunt, family friend) is recorded on the form but does not restrict who can serve.
When You Cannot Sign Without a Court Order
Before you fill anything out, check whether your family’s situation requires written court approval. Under Section 34.004, a parent cannot enter into the agreement without a written order from the court if any of the following is true:
- A court order or pending lawsuit affects the parent-child relationship.
- Litigation over custody, possession, placement, access, or visitation is pending in any court.
- A court has continuing, exclusive jurisdiction over the child.
An agreement signed in violation of this rule is void from the start.3State of Texas. Texas Family Code 34.004 If a court does have jurisdiction and has given written approval, you can still proceed, but the form must list the county where the court sits, the court number, and the cause number.4State of Texas. Texas Family Code 34.003 – Contents of Authorization Agreement
Filling Out the Form, Section by Section
The DFPS form follows the required contents listed in Section 34.003. Gather the information below before you sit down with it.
Caregiver Information
Enter the caregiver’s full legal name, their relationship to the child, a current physical address (not a P.O. box), and a phone number or the best way to reach them. The caregiver signs the form.
Parent Information
The signing parent enters their name, signature, current address, and phone number or best contact method. If both parents are signing, the second parent fills in the same fields. If only one parent is signing, leave the second parent’s section blank; you will handle the other parent through the mailing step described below rather than on the form itself.4State of Texas. Texas Family Code 34.003 – Contents of Authorization Agreement
Required Statements to Verify
The form carries a block of pre-printed statements that both parties affirm by signing. You do not draft them, but false statements can void the agreement or create liability, so confirm each one is accurate before you sign:
- The caregiver’s authority comes from the parent’s voluntary decision, and the caregiver has voluntarily accepted the responsibility.
- Neither party knows of any other person or agency claiming authority over the child that conflicts with the agreement.
- Either there is no court order, pending suit, or continuing court jurisdiction involving the child, or the court with jurisdiction has given written approval (with the county, court number, and cause number filled in).
- No other current, valid authorization agreement exists for the child.
- Both parties understand they must immediately notify each other of any change in address or contact information.
Choosing the Duration
The form asks you to pick one of two options. The default is a six-month term that automatically renews for additional six-month periods until someone ends it. The alternative is a custom shorter term with a specific expiration date you write in, which does not auto-renew.4State of Texas. Texas Family Code 34.003 – Contents of Authorization Agreement Choose the one that matches your situation. If the arrangement is open-ended, the six-month renewing term saves you from redoing paperwork; if you know the end date (a semester abroad, a medical treatment window), write that date in.
Getting It Notarized
The agreement has no legal force until a notary public witnesses the signing. Section 34.004 requires the parent and the adult caregiver to sign and swear to the agreement before a notary, and the form includes the notary block the Family Code requires.3State of Texas. Texas Family Code 34.004
Texas notaries verify identity through personal knowledge of the signer, a government-issued photo ID or U.S. passport, or introduction by a credible witness who gives the notary their own name and address. If the notary doesn’t know you and no one can introduce you, bring a government-issued ID.5Texas Secretary of State. Notary Public Educational Information Texas also allows online notarization through two-way audio-video conferencing, which helps when a parent is overseas or in another state. Notary fees are modest, and banks, UPS stores, shipping centers, and some public libraries offer the service.
Mailing a Copy to the Other Parent
This is the step that voids more agreements than any other. If both parents did not sign, the signing parent and the caregiver must mail a copy to the non-signing parent within ten days of the signing date. The statute requires two separate mailings to the parent’s last known address:
- One copy by certified mail with return receipt requested (international registered mail if the parent is abroad).
- One copy by regular first-class mail (international first-class if abroad).
If both mailings aren’t out the door within ten days, the agreement is void.6State of Texas. Texas Family Code 34.005 – Duties of Parties to Authorization Agreement Keep the certified-mail receipt in your records; it is your proof of compliance if the agreement is ever challenged.
There is one narrow exception. The mailing requirement does not apply if the non-signing parent both lacks any court-ordered possession of or access to the child and has a documented history of family violence against the signing parent or the child, supported by a protective order or a criminal conviction for a violent or sexual offense.6State of Texas. Texas Family Code 34.005 – Duties of Parties to Authorization Agreement
Giving the Form to the School
Once the agreement is notarized and the mailing step is done, deliver a copy to the school’s registrar or enrollment office for the child’s file. It authorizes the caregiver to sign permission slips, access grades, attend parent-teacher conferences, and make ongoing educational decisions. Under the federal Family Educational Rights and Privacy Act, an individual acting as a parent in the absence of a parent qualifies as a “parent” for purposes of student records access.7Protecting Student Privacy. Who Is a Parent?
One thing worth knowing before you worry about delays: the Texas Education Agency has stated that this authorization agreement is not a prerequisite for enrollment. A student who qualifies to attend under Texas Education Code Section 25.001, including a student who has established a separate residence apart from a parent, cannot be turned away for lacking the agreement, a power of attorney, or any similar document.8Texas Education Agency. Authorization for Nonparent Relative The form still matters because it gives the caregiver clear ongoing authority, but a district cannot refuse to let the child start classes while you get it notarized.
Duration, Changes, and Early Revocation
If you selected the six-month option, the agreement renews automatically every six months until someone ends it. If you chose a custom term, it ends on the date you wrote in. Both parties have an ongoing duty to notify each other immediately of any change in address or contact information, and failure to do so gives the other party the right to void the agreement.6State of Texas. Texas Family Code 34.005 – Duties of Parties to Authorization Agreement
A parent or the caregiver can end the agreement early by completing, signing, and filing a written revocation. The revocation does not have to be notarized to take effect, but deliver a copy to the child’s school right away so staff stop acting on the caregiver’s authority, and send written notice to the other party.9Texas Law Help. Revoking an Authorization Agreement for Voluntary Nonparent Adult Caregiver If the child has changed campuses since the agreement was filed, send the revocation to every school that still has a copy on record.