The Texas temporary guardianship form most parents actually need is a PDF called the Authorization Agreement for Voluntary Adult Caregiver, known as DFPS Form 2638. It is a free download from the Texas Department of Family and Protective Services, and it lets a parent authorize a trusted adult to make medical decisions, enroll the child in school, and handle other day-to-day matters without going to court.1Texas Department of Family and Protective Services. Authorization Agreement for Voluntary Adult Caregiver The agreement runs in automatic six-month terms, and a parent can end it at any time.
Make Sure This Is the Right Form
People searching for a “temporary guardianship form” in Texas usually want one of two very different things, and grabbing the wrong document either wastes time or leaves the caregiver without real authority.
The authorization agreement under Texas Family Code Chapter 34 is the simpler route: no court filing, no attorney, no hearing. A parent and the caregiver sign the form before a notary, and it takes effect immediately. The tradeoff is that the agreement expressly does not make the caregiver a managing conservator, possessory conservator, or legal guardian.1Texas Department of Family and Protective Services. Authorization Agreement for Voluntary Adult Caregiver Banks, government agencies, or insurers may refuse it for higher-stakes decisions.
A court-ordered temporary guardianship under the Texas Estates Code is the heavier tool. A judge may appoint a temporary guardian when a guardianship application is contested and the court finds appointment necessary to protect the child or the child’s property.2State of Texas. Texas Code Estates – 1251.051 Appointment of Temporary Guardian That path means filing a petition and appearing in court. If both parents are alive, cooperating, and simply need someone to handle care while they are unavailable, the Chapter 34 authorization agreement is almost always the right choice. If parental rights are in dispute, a parent is incapacitated, or no parent is available to sign, you likely need the court route instead.
Who Can Sign and Who Can Be Named
Any Texas parent can use the form. Under current Chapter 34, the term “adult caregiver” means any adult a parent has authorized to provide temporary care.3Justia Law. Texas Code Family – Chapter 34 Authorization Agreement Earlier versions of the law limited this to grandparents, adult siblings, and adult aunts or uncles. The statute has since been broadened, so a close family friend or a stepparent without legal parental rights can now serve.
One parent can sign alone. If only one parent signs, notice must be sent to the other parent within ten days. Both parents may also sign together, which removes the notice requirement.
What the Form Asks For
The PDF is short but has a few sections that stall people if left blank. Have this ready before you sit down with it:
- The child’s full legal name and date of birth.
- The signing parent’s full name, physical address, phone number, and other contact information.
- The same contact information for the non-signing parent, if there is one.
- The caregiver’s full name, relationship to the child, physical address, phone number, and other contact information.
Beyond the basics, the form contains sworn statements. The parent and caregiver must affirm that no other person or agency is asserting a claim to custody or control of the child that conflicts with the agreement. You must also state either that there is no pending court case or existing court order involving the child, or that the court with jurisdiction has given written approval, including the county, court number, and cause number.4texas.public” law. Texas Code Family – 34.003 Contents of Authorization Agreement If a case is already pending, you cannot skip that approval. Without it, the agreement has no legal weight in that situation.
The form also asks whether another valid authorization agreement already exists for the same child. Only one can be active at a time, so any earlier arrangement has to be terminated first.
Signing Before a Notary
Texas Family Code Section 34.004 requires both the parent and the caregiver to sign and swear to the agreement before a notary public. This is not optional. An unnotarized form will be rejected by schools, doctors’ offices, and any other institution that checks. Many banks, shipping stores, and courthouse annexes offer notary services. After notarization, the caregiver should keep the original and make several copies, because schools and medical providers will usually want one on file before recognizing the caregiver’s authority.
Notifying the Other Parent
When only one parent signs, this is where most families make the mistake that voids the entire agreement. Within ten days of signing, two separate copies of the executed agreement must be mailed to the non-signing parent at that parent’s last known address:
- One copy by certified mail, return receipt requested (or international registered mail if the parent is overseas).
- One copy by regular first-class mail (or international first-class mail if applicable).
Both mailings are required. Sending only the certified copy is not enough. Miss the ten-day window or skip one mailing method, and the agreement is void.5State of Texas. Texas Code Family – 34.005 Notice to Nonsigning Parent Keep the certified mail receipt and the returned green card as proof.
There is one exception. The notice requirement does not apply if the non-signing parent has no court-ordered possession of or access to the child and has a documented history of family violence or assault against the signing parent or the child. Documentation means a protective order or a criminal conviction for a violent or sexual offense.5State of Texas. Texas Code Family – 34.005 Notice to Nonsigning Parent Without that documentation, the general rule still applies regardless of the circumstances.
What the Caregiver Can Actually Do
Once the form is signed and, where required, mailed, the caregiver gains a specific set of powers under Texas Family Code Section 34.002. The caregiver may:
- Consent to medical, dental, psychological, and surgical treatment, along with immunizations and the release of related health information.
- Obtain and maintain health insurance and, where appropriate, automobile insurance for the child.
- Enroll the child in daycare, preschool, or a public or private school from elementary through high school.
- Authorize participation in extracurricular, civic, social, recreational, and athletic activities.
- Authorize the child to get a learner’s permit, driver’s license, or state ID, and authorize the child’s employment.
- Apply for and receive public benefits on the child’s behalf.
- Obtain copies or originals of state-issued documents like the child’s birth certificate, and, to the extent federal law allows, federally issued documents like a Social Security card.3Justia Law. Texas Code Family – Chapter 34 Authorization Agreement
The agreement does not authorize the caregiver to consent to abortion or emergency contraception for the child. And despite the broad list above, the agreement expressly states it does not make the caregiver a managing conservator, possessory conservator, or legal guardian.1Texas Department of Family and Protective Services. Authorization Agreement for Voluntary Adult Caregiver The signing parent keeps every fundamental parental right the whole time.
How Long the Agreement Lasts and How to End It
The authorization agreement does not run forever. Under Section 34.003, the parent picks one of two options on the form:
- A six-month term that automatically renews for additional six-month periods unless someone terminates it.
- A shorter fixed term that expires on a date the parent selects, which must be earlier than six months from signing.4texas.public” law. Texas Code Family – 34.003 Contents of Authorization Agreement
A parent who signed can end the agreement at any time by demanding the return of the child. The caregiver must comply immediately, and no court hearing is needed.1Texas Department of Family and Protective Services. Authorization Agreement for Voluntary Adult Caregiver Notify any schools, doctors, or other institutions that had the agreement on file so they stop recognizing the caregiver’s authority.
The agreement also ends automatically if a court enters an order affecting the parent-child relationship, addressing custody or placement, or appointing a guardian for the child. Once a judge steps in, the private agreement gives way to the court’s authority.
If You Are in the Military
Military families are among the most common users of this form and have an extra requirement. Department of Defense Instruction 1342.19 requires single parents, dual-military couples with dependents, and service members with sole custody of a child under 19 to develop and submit a formal family care plan. Failing to complete the plan can lead to disciplinary action or separation from the military.6Department of Defense. Family Care Plans The Texas authorization agreement can serve as the civilian side of that plan, naming who will care for the child during deployment. The DoD also encourages service members to execute a will designating a preferred guardian for longer-term contingencies.
Federal Benefits Are Not Covered
If the child receives Social Security benefits, Supplemental Security Income, or other federal payments, the authorization agreement alone does not give the caregiver authority over those funds. The Social Security Administration requires a separate process: the caregiver must visit a local Social Security office, complete Form SSA-11, prove their identity, and be formally appointed as a representative payee.7Social Security Administration. Frequently Asked Questions for Representative Payees Neither a power of attorney, the authorization agreement, nor a joint bank account substitutes for this appointment.
Penalties for False Statements
Because the agreement is signed under oath before a notary, it qualifies as a governmental record under Texas law. Knowingly providing false information can result in charges for tampering with a governmental record under Texas Penal Code Section 37.10. The baseline offense is a Class A misdemeanor carrying up to one year in county jail. If the false information was provided with intent to defraud or harm someone, the charge escalates to a state jail felony.8State of Texas. Texas Code Penal – 37.10 Tampering With Governmental Record The risk is real, especially on the sworn statements about pending court orders and custody disputes. If you are unsure whether a case is pending, check before you sign.
Where to Get the PDF
Form 2638 is a free PDF download from the Texas Department of Family and Protective Services website.1Texas Department of Family and Protective Services. Authorization Agreement for Voluntary Adult Caregiver It is not limited to DFPS cases. Any Texas family can use it, whether or not child protective services has ever been involved. Print it, complete it, take it to a notary with the caregiver, keep the original, make copies for schools and medical providers, and, if only one parent signed, mail the two required copies to the other parent within ten days.