Non-Durable Power of Attorney for Temporary Custody in Texas

By Cindy Chung
Parents can establish a power of attorney for their temporary absence.

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Texas families may wish to assign parental rights to another caregiver during a temporary period for a variety of reasons. Parents can exercise a power of attorney document to identify their child's temporary caregiver and specify decision-making areas.

Function

Parents can use a signed, notarized power of attorney document to grant some or all parental decision-making authority to a non-parent caregiver. A non-durable power of attorney automatically expires upon the specified date or if the parents become incapacitated.

Benefits

If parents will be away from their children or unavailable for a short period of time, they may want to ensure that institutions such as schools or doctor's offices will recognize the temporary caregiver's authority to make decisions on their behalf. For example, parents may want to sign a power of attorney to cover their travel dates.

Other Legal Options

While Texas families can use a non-durable power of attorney to cover a temporary period, they may wish to consider other legal options if they are planning a lengthier parental absence. Under Texas law, non-parent relatives caring for children can accept child custody rights through a special power of attorney document. Texas also accepts the Authorization Agreement for Non-parent Relative form, which similarly confers child custody rights and responsibilities upon caregivers.

About the Author

Cindy Chung is a California-based professional writer. She writes for various websites on legal topics and other areas of interest. She holds a B.A. in education and a Juris Doctor.

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