Texas does not use a traditional power of attorney to give a grandparent authority over a grandchild. The equivalent tool for grandparents in Texas is the Authorization Agreement for Nonparent Adult Caregiver under Chapter 34 of the Texas Family Code. A parent and grandparent fill out a state-approved form, sign it in front of a notary, and the grandparent gains a specific list of caregiving powers without going to court.1State of Texas. Texas Family Code 34.002 – Authorization Agreement
When the Authorization Agreement Fits
This is a private arrangement between a parent and an adult caregiver. The parent keeps full parental rights the whole time, and no custody change or court proceeding is involved.1State of Texas. Texas Family Code 34.002 – Authorization Agreement
It’s built for situations where a grandparent is providing day-to-day care but the parent is still available: military deployment, work in another city, medical treatment, or an arrangement where the child lives with a grandparent during the school year. If a parent is deceased, incapacitated, or has had parental rights terminated, this document won’t work. In that case, guardianship is the route.
What a Grandparent Can Do With It
Chapter 34 lists the powers the agreement transfers. With a properly executed agreement, a grandparent can:
- Consent to medical, dental, psychological, and surgical treatment, including immunizations, and sign the required releases.
- Obtain and maintain health insurance and, where appropriate, auto insurance for the child.
- Enroll the child in daycare, preschool, or a public or private K–12 school.
- Authorize participation in extracurricular, civic, social, or recreational activities, including sports.
- Authorize the child to get a learner’s permit, driver’s license, or state ID.
- Authorize the child to work.
- Apply for and receive government benefits on the child’s behalf.
- Obtain copies or originals of the child’s birth certificate and, to the extent federal law allows, the child’s Social Security card.1State of Texas. Texas Family Code 34.002 – Authorization Agreement
What It Does Not Cover
The agreement grants only the powers on that list. It does not let a grandparent consent to the child’s marriage or enlist the child in the armed forces. The statute also explicitly prohibits the caregiver from authorizing an abortion or the administration of emergency contraception.1State of Texas. Texas Family Code 34.002 – Authorization Agreement
The agreement also cannot override other laws. If a school district’s residency requirements aren’t met, the authorization alone won’t fix that, and if another law imposes eligibility conditions beyond parental consent, that other law still controls.1State of Texas. Texas Family Code 34.002 – Authorization Agreement
Filling Out and Signing the Form
Texas requires a state-approved form. The Texas Department of Family and Protective Services publishes it as Form 2638. The form must include the grandparent’s name, relationship to the child, current physical address, and contact information; the same information for the signing parent and for the other parent, if applicable; a statement that the parent’s delegation is voluntary and the grandparent voluntarily accepts responsibility; statements confirming no court order or custody suit currently affects the child (or, if one does, that the court has approved the agreement in writing); a statement that no other valid authorization agreement for the child is in effect; and the agreement’s duration.2State of Texas. Texas Family Code 34.003 – Contents of Authorization Agreement
Both the parent and the grandparent must sign in front of a notary public and swear to the contents under oath. The notary verifies each signer’s identity and administers the oath, so this is more than routine witnessing.3State of Texas. Texas Family Code FAM 34.004 – Execution of Authorization Agreement
One hard restriction: if a court order, pending custody suit, or continuing court jurisdiction already affects the child, a parent cannot sign the agreement without written permission from that court. An agreement signed in violation of this rule is void, treated as if it never existed.3State of Texas. Texas Family Code FAM 34.004 – Execution of Authorization Agreement
After signing, give copies to the child’s school, doctors, dentist, and anywhere else that may need to verify the grandparent’s authority. Keep the original somewhere safe.
When Only One Parent Signs
Only one parent needs to execute the agreement, but a strict notice requirement kicks in when the other parent doesn’t sign. Within 10 days of execution, the signing parties must mail a copy of the agreement to the non-signing parent at their last known address, two ways: one copy by certified mail with return receipt requested, and a second copy by regular first-class mail. If that notice isn’t sent, the agreement is void.4State of Texas. Texas Family Code FAM 34.005 – Duties of Parties to Authorization Agreement
There’s one exception. If the non-signing parent has no court-ordered access to the child and has previously committed family violence or assault against the signing parent or the child, as documented by a protective order or a criminal conviction, notice isn’t required.4State of Texas. Texas Family Code FAM 34.005 – Duties of Parties to Authorization Agreement The documentation threshold is specific: a protective order or a conviction, not just a history the family knows about.
How Long It Lasts and How to End It
The default term is six months from execution, and the agreement renews automatically for another six months unless someone terminates it. A parent can also set a shorter, specific expiration date on the form.2State of Texas. Texas Family Code 34.003 – Contents of Authorization Agreement
Ending it takes more than a conversation. A parent or grandparent who wants to revoke must give written notice to every other party, file the written revocation with the county clerk where the child lives (or lived when the agreement was signed, or where the grandparent lives), and file it with any court that has jurisdiction over the child. If both parents signed, either one can revoke without the other’s consent.5State of Texas. Texas Family Code 34.008 – Termination of Authorization Agreement
The agreement also terminates on its own if a court enters an order affecting the parent-child relationship, custody, visitation, or guardianship of the child, unless the court gives written permission for the agreement to continue.5State of Texas. Texas Family Code 34.008 – Termination of Authorization Agreement
School, Doctors, and Records
The agreement lets a grandparent enroll a child in school, but it doesn’t rewrite residency rules. If the child is living with the grandparent, that generally satisfies the local district’s residency requirement. Texas also has a separate provision that allows a child to attend school where the grandparent lives, even without formal residency there, if the grandparent provides a substantial amount of after-school care as determined by the school board.6State of Texas. Texas Education Code EDUC 25.001 – Admission
Federal privacy laws generally line up with the agreement. FERPA’s definition of “parent” reaches an individual acting as a parent when a biological parent or guardian is not available, which normally covers a grandparent providing day-to-day care under an authorization agreement.7eCFR. 34 CFR 99.3 – Definitions For medical care, HIPAA treats someone with state-law authority to make healthcare decisions for a minor as the personal representative, and the Texas agreement grants that authority directly.
Traveling With a Grandchild
Medical and school decisions are covered. Travel is a separate question.
For international trips, federal guidance recommends that a child traveling with someone other than a parent carry a notarized letter of consent signed by both parents, stating: “I acknowledge that my child is traveling outside the country with [name of adult] with my permission.” Border officials in the U.S., Canada, and Mexico may ask for it, and not having it can cause delays or denial of entry.8USAGov. International Travel Documents for Children
For passports, federal rules require both parents or guardians to appear in person and consent when applying for a child under 16. A grandparent cannot substitute for that parental appearance using the authorization agreement.9Travel.State.Gov. Apply for a Child’s Passport Under 16 Passports need to be handled by the parents before the grandparent takes over care.
For domestic flights, the TSA does not require proof of the relationship between an adult and a child, but individual airlines may impose their own rules for minors. Call the airline before booking.
When Guardianship Is the Better Option
The authorization agreement only works when at least one parent is available, willing, and legally able to sign. A deceased, incapacitated, incarcerated, or terminated parent takes it off the table, and guardianship through the courts becomes the path.
Guardianship is also the better choice when the arrangement needs to be permanent, or when the grandparent needs broader authority than Chapter 34 provides, such as managing significant financial decisions or an inheritance for the child. The tradeoff is real: guardianship requires a petition, a hearing, and ongoing court oversight, so it costs more and takes longer than the authorization agreement.
The practical test is whether a parent can and will cooperate. If yes, an authorization agreement handles most caregiving needs quickly and cheaply. If no, court involvement is unavoidable.