81R3257 JSC-F
By: Villarreal H.B. No. 804
A BILL TO BE ENTITLED
AN ACT
relating to authorizing a power of attorney for the medical care and
education of a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 151, Family Code, is amended by
designating Sections 151.001, 151.002, and 151.003 as Subchapter A
and adding a heading to Subchapter A to read as follows:
SUBCHAPTER A. RIGHTS AND DUTIES IN GENERAL
SECTION 2. Chapter 151, Family Code, is amended by adding
Subchapter B to read as follows:
SUBCHAPTER B. POWER OF ATTORNEY FOR MEDICAL CARE AND EDUCATION OF
CHILD
Sec. 151.051. EFFECT OF POWER OF ATTORNEY. A power of
attorney under this subchapter is effective only if:
(1) at least one parent of a child has executed a power
of attorney for the medical care and education of the child; and
(2) neither parent is able to make decisions regarding
the care of the parent's child, including a situation in which
neither parent can be reached.
Sec. 151.052. AUTHORIZATION FOR POWER OF ATTORNEY FOR
MEDICAL CARE AND EDUCATION OF CHILD. A person may execute a power
of attorney appointing another person as the person's agent to make
decisions regarding the medical care and education of the person's
child.
Sec. 151.053. FORM. (a) A power of attorney for the
medical care and education of a child must be in substantially the
following form:
POWER OF ATTORNEY FOR THE MEDICAL CARE AND EDUCATION OF A CHILD
Part I: To be filled out and/or initialed by parent(s).
Minor Child's Name_________________________________
Mother/Legal Guardian's Name & Address
______________________________
______________________________
______________________________
Father/Legal Guardian's Name & Address
______________________________
______________________________
______________________________
Caregiver's Name & Address
______________________________
______________________________
______________________________
(check one of the following)
(____) Both parents are living and have signed this
document;
(____) One parent is deceased;
(____) The parent-child relationship has been
terminated for one of the parents;
(____) The decision-making authority of one parent has
been limited by a court order;
(____) One parent is the sole managing conservator of
the minor child and has sent a copy of this document, by certified
mail, return receipt requested, to the other parent at that
parent's last known address; or
(____) The other parent has not consented to the
appointment or consent cannot be obtained because
______________________________.
Temporary care-giving authority regarding the minor child
will be given to the caregiver during the period of the following
type(s) of hardship (check at least one):
(____) the serious illness or incarceration of a parent
or legal guardian;
(____) the physical or mental condition of the parent
or legal guardian or the child is such that care and supervision of
the child cannot be provided;
(____) the need for medical or mental health treatment
(including substance abuse treatment) by the parent or legal
guardian;
(____) the military deployment of the parent or legal
guardian; or
(____) other (please describe)
__________________________________________________, at a time
when the other parent or legal guardian, if applicable, is unable to
care for the child.
(____) I/We the undersigned, authorize the named caregiver
to do one or more of the following (check as appropriate):
(_____) enroll the child in school and extracurricular
activities;
(_____) obtain medical, dental, and mental health
treatment for the child; and
(_____) provide for the child's food, lodging, housing,
recreation, and travel.
(____) I/We grant the following additional powers to the
named caregiver:___________________________________________.
(____) I/We understand that this document does not provide
legal custody to the caregiver. If at any time I/we disagree with a
decision of the named caregiver or choose to make any health care or
educational decisions for my/our child, I/we must revoke the power
of attorney, in writing, and provide written documentation to the
health care provider and the local education agency (i.e., school).
(____) I/We understand that this document may be terminated
by another written document signed by either parent with legal
authority or by any order of a court with competent jurisdiction.
Part II: To be initialed by caregiver as applicable.
(____) I understand that this document, properly executed,
gives me the right to enroll the minor child in the local education
agency serving the area where I reside.
(____) I understand that this document does not provide me
with legal custody of the minor child.
(____) I understand that, prior to enrollment, the local
education agency may require documentation of the minor child's
residence with a caregiver and/or documentation or other
verification of the validity of the stated hardship.
(____) I understand that, except to the extent limited by
federal law, I shall be assigned the rights, duties, and
responsibilities that would otherwise be assigned to the parent,
legal guardian, or legal custodian of the minor child.
(____) I understand that if the minor child ceases to reside
with me, I am required by law to notify any person, school, or
health care provider to whom I have given this document.
I/We declare under penalty of perjury under the laws of the
State of Texas that the foregoing is true and correct.
Signed this ___ day of __________, 20__.
______________________________
Mother/Legal Guardian
The Mother/Legal Guardian, ______________________,
personally appeared before me this _____ day of ____________, 20__.
______________________________
Notary Public in and for the State of Texas
My commission expires: ___________________
Signed this ___ day of __________, 20__.
______________________________
Father/Legal Guardian
The Father/Legal Guardian, ______________________,
personally appeared before me this _____ day of ____________, 20__.
______________________________
Notary Public in and for the State of Texas
My commission expires: ___________________
Signed this ___ day of __________, 20__.
______________________________
Caregiver
The Caregiver, ______________________, personally appeared
before me this _____ day of ____________, 20__.
______________________________
Notary Public in and for the State of Texas
My commission expires: ___________________
NOTICE TO THE LOCAL EDUCATION AGENCY AND/OR HEALTH CARE
PROVIDER: No person, school official, or health care provider who
acts in good faith reliance on a power of attorney for care of a
minor child to enroll the child in school or to provide medical,
dental, or mental health care, without actual knowledge of facts
contrary to those authorized, is subject to criminal or civil
liability to any person, or is subject to professional disciplinary
action for such reliance. This immunity applies even if medical,
dental, or mental health care is provided to a minor child or the
child is enrolled in a school in contravention of the wishes of the
child's parent, if the person, school official, or health care
provider has been provided a copy of an appropriately executed
power of attorney for care of the minor child and has not been
provided written documentation that the parent has revoked the
power of attorney for care of the minor child. Nothing in this
document relieves any individual from liability for a violation of
any other law.
(b) A power of attorney for the medical care and education
of a child is legally sufficient under this chapter if the wording
of the form complies substantially with Subsection (a), the form is
properly completed, and the signatures of the parent or parents, as
applicable, and the caregiver are acknowledged.
Sec. 151.054. TERMINATION OF AGENT'S AUTHORITY. (a) The
authority of an agent appointed in a power of attorney for the
medical care and education of a child executed by the child's parent
or parents terminates:
(1) on the appointment and qualification of a guardian
of the person appointed for the child under Chapter XIII, Texas
Probate Code; or
(2) on revocation of the power of attorney by either
parent who executed the power of attorney.
(b) An agent's authority with regard to a child under a
power of attorney is terminated if a parent of the child who did not
execute the power of attorney presents to the court evidence that
the parent is able to make decisions regarding the care of the
child.
Sec. 151.055. USE OF POWER OF ATTORNEY IN APPOINTING
GUARDIAN OF THE PERSON FOR CHILD. (a) A power of attorney for the
medical care and education of a child executed under this
subchapter is not considered a written declaration of appointment
of a guardian authorized by Section 676(d), Texas Probate Code.
(b) If a person who executes a power of attorney for the
medical care and education of a child under this subchapter does not
execute a written declaration of appointment of a guardian
authorized by Section 676(d), Texas Probate Code, and an
application for the appointment of a guardian of the person for the
child is pending under Chapter XIII, Texas Probate Code, the court
may consider the person appointed as the agent under the power of
attorney for the medical care and education of a child in appointing
a qualified person to serve as guardian of the person for the child
under Section 676(c), Texas Probate Code.
SECTION 3. This Act takes effect September 1, 2009.