Estate planning involves much more than just Wills and Powers of Attorney. In fact, it more accurately could be called People Planning. Some of the most important people to plan for are children who will temporarily be under the care of someone other than a parent.
It is quite common for a child to go stay with grandparents or other relatives and friends of the family for the summer. Whoever the adult caregiver might be it is important to have the legalities in place so that caregiver has the necessary authority to take care of the child.
The Texas Family Code defines an adult caregiver as an adult person whom a parent has authorized to provide temporary care for a child.
An authorization agreement can include the following:
1. The power to authorize medical, dental, psychological, or surgical treatment and immunizations of the child, including executing any consents or authorizations for the release of information as required by law relating to the treatment or immunization;
2. The authority to obtain and maintain health insurance coverage for the child and automobile insurance coverage for the child;
3. The authority to enroll the child in daycare or in school;
4. The authority to allow the child to participate in extracurricular activities;
5. To authorize the child to get a driver’s license or learner’s permit;
6. To authorize employment of the child;
7. To apply for an obtain public benefits for the child;
8. To obtain copies of public documents for the child
Which of these powers is appropriate depends on the circumstances. A child going to stay with relatives for the summer would need a different set of powers from a more permanent placement.
Your attorney can prepare the necessary documents.
Robert S. Morris is an attorney at Hammerle Finley Law Firm, a boutique law firm offering services in estate planning, probate, guardianship, business law, litigation, and real estate. Contact him at (972) 436-9300. This article does not constitute as legal advice.
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