A Texas authorization agreement for a nonparent caregiver is a notarized document, created under Chapter 34 of the Texas Family Code, that lets a parent give another adult temporary authority to handle specific parts of a child’s life — medical care, school enrollment, insurance, benefits, and more — without going to court or giving up custody.1State of Texas. Texas Family Code Section 34.002 – Authorization Agreement The parent signs, a notary witnesses it, copies go to the people who need them, and the caregiver can start acting on the authority the parent chose to grant.
Who Can Be the Caregiver
Chapter 34 defines an “adult caregiver” as any adult a parent has authorized to provide temporary care for the child.2State of Texas. Texas Family Code Section 34.0015 – Definitions A grandparent, adult sibling, aunt, uncle, cousin, family friend, or neighbor can all serve. There is no legal requirement that the caregiver be related to the child.
In practice, schools, clinics, and benefit agencies tend to ask fewer questions when the caregiver is a relative with a clear family tie. That’s a social reality, not a legal one.
What the Caregiver Can Decide
Section 34.002 sets out eight categories of authority a parent can delegate. The caregiver only gets the ones the parent checks off in the agreement.
- Authorizing medical, dental, psychological, and surgical treatment, including immunizations and the related consent and records-release forms.
- Obtaining and maintaining health insurance and, where appropriate, auto insurance for the child.
- Enrolling the child in daycare, preschool, or a public or private elementary or secondary school.
- Authorizing participation in sports, civic, social, or recreational activities.
- Authorizing the child to obtain a learner’s permit, driver’s license, or state ID card.
- Authorizing the child to work.
- Applying for and receiving public benefits such as Medicaid or SNAP on the child’s behalf.
- Obtaining copies or originals of the child’s birth certificate, Social Security card, and similar documents.
One hard limit: the caregiver cannot authorize an abortion or the administration of emergency contraception to the child.1State of Texas. Texas Family Code Section 34.002 – Authorization Agreement
Just as important is what the agreement doesn’t do. It doesn’t transfer custody. The parent keeps full rights to care, custody, and control of the child, and the caregiver has no standing to intervene in any family-law case about the child.3State of Texas. Texas Family Code Section 34.007 – Effect of Authorization Agreement Only one authorization agreement can be in effect for a child at a time; signing a new one while an earlier one is still active makes the new one void.1State of Texas. Texas Family Code Section 34.002 – Authorization Agreement
What Has to Be in the Agreement
Section 34.003 lays out specific content the document must contain to be valid:4State of Texas. Texas Family Code Section 34.003 – Contents of Authorization Agreement
- The caregiver’s full name, signature, relationship to the child, and current address and phone number.
- The signing parent’s name, signature, address, and phone number, plus the same information for the other parent if applicable.
- A statement that the parent voluntarily grants the authority and the caregiver voluntarily accepts it.
- A statement that neither party knows of any other person or agency claiming custody or control inconsistent with the agreement.
- Disclosure of any court order, pending suit, or continuing jurisdiction affecting the child. If a court has jurisdiction, the agreement must include that court’s written approval along with the county, court number, and cause number.
- A statement that no other valid authorization agreement exists for the child.
- A term: either six months with automatic six-month renewals, or a specific expiration date chosen by the parent.
The Texas Department of Family and Protective Services publishes a standard form.5Texas Department of Family and Protective Services. DFPS Forms A custom document works too, as long as it covers everything the statute requires.
Signing and Making It Effective
Both the parent and the caregiver have to sign and swear to the agreement in front of a notary public. Witnesses are not an alternative; notarization is required.6State of Texas. Texas Family Code Section 34.004 – Execution of Authorization Agreement
A parent cannot sign the agreement at all if a court has continuing jurisdiction over the child, or if there is a pending suit or existing order affecting the parent-child relationship, custody, or visitation, unless the court first gives written permission. An agreement signed in violation of that rule is void.6State of Texas. Texas Family Code Section 34.004 – Execution of Authorization Agreement
Notifying the Other Parent
When only one parent signs, the other parent’s consent isn’t required, but notice is. Within ten days of signing, the parties must mail the non-signing parent a copy of the agreement by both certified mail (return receipt requested) and regular first-class mail. If the other parent is deceased or has had parental rights terminated, that step isn’t needed. Skip the notice when it was required and the entire agreement is void.4State of Texas. Texas Family Code Section 34.003 – Contents of Authorization Agreement
Giving Copies to Schools, Doctors, and Agencies
Once the document is signed and notarized, hand or mail copies to every school, doctor’s office, insurance company, and government agency the caregiver is going to deal with. Without a copy on file, the caregiver will usually be turned away at the counter.
How Long It Lasts and How to End It
Every agreement runs for either six months with automatic six-month renewals, or for a custom period ending on a specific date the parent picks. There is no indefinite option.4State of Texas. Texas Family Code Section 34.003 – Contents of Authorization Agreement
Either the parent or the caregiver can end the agreement at any time by written revocation. If both parents signed, either one can revoke without the other’s consent. The revoking party has to give written notice to every other party, file the revocation with the county clerk where the child or caregiver lives (or where the child lived when the agreement was signed), and file it with any court that has jurisdiction over the child.7State of Texas. Texas Family Code Section 34.008 – Termination of Authorization Agreement
The agreement also ends automatically if a court enters an order affecting the parent-child relationship, custody or placement of the child, visitation, or appointment of a guardian. A court can give written permission for the agreement to keep going even after such an order.7State of Texas. Texas Family Code Section 34.008 – Termination of Authorization Agreement
When Schools or Hospitals Push Back
Institutions sometimes hesitate to deal with anyone who isn’t the parent. The statute gives them cover: anyone who relies on the agreement in good faith, without actual knowledge it has been revoked or is void, is protected from civil liability, criminal liability, and professional discipline.3State of Texas. Texas Family Code Section 34.007 – Effect of Authorization Agreement Showing a properly executed copy usually resolves the standoff.
What the Agreement Doesn’t Reach: Taxes and Social Security
The authorization agreement handles state-law questions about caring for the child. It doesn’t settle federal ones.
For the federal Child Tax Credit (set at $2,200 per qualifying child for 2026), the IRS applies its own tests: the child has to live with the taxpayer more than half the year and meet a relationship test. Grandchildren, nieces, nephews, and siblings qualify; an unrelated family friend generally wouldn’t, unless the child qualifies as an eligible foster child under IRS rules. The child and taxpayer each need a Social Security number.8IRS. Understanding Taxes – Dependents
If the child receives Social Security benefits, a Texas authorization agreement does not give the caregiver authority to manage those payments. The Social Security Administration doesn’t recognize state-level authorization agreements or powers of attorney for benefit management. The caregiver has to apply separately to SSA to be designated as the child’s representative payee.9Social Security Administration. A Guide for Representative Payees
Authorization Agreement vs. Guardianship
These two tools solve different problems. The authorization agreement is parent-driven: the parent signs, the parent can revoke, and the parent keeps all custodial rights the whole time. No court hearing, no attorney required, set up in an afternoon with a notary.
Guardianship is a court-supervised process. A judge has to find that appointing a guardian serves the child’s best interest, and the guardian’s authority typically overrides the parent’s decision-making unless the court orders otherwise. It fits situations where a parent cannot or will not resume caregiving and the child needs long-term stability backed by court authority. The cost is money, time, and ongoing court oversight.
The authorization agreement works best when the parent expects to come back: a military deployment, a temporary medical crisis, a stretch of work-related travel. If months stretch into years and the parent shows no sign of returning, the caregiver may eventually need to pursue guardianship to keep meaningful authority over the child’s welfare.