Texas 2009 - 81st Regular

Texas House Bill HB804 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3257 JSC-F
2	2	By: Villarreal H.B. No. 804
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing a power of attorney for the medical care and
8	8	education of a child.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 151, Family Code, is amended by
11	11	designating Sections 151.001, 151.002, and 151.003 as Subchapter A
12	12	and adding a heading to Subchapter A to read as follows:
13	13	SUBCHAPTER A. RIGHTS AND DUTIES IN GENERAL
14	14	SECTION 2. Chapter 151, Family Code, is amended by adding
15	15	Subchapter B to read as follows:
16	16	SUBCHAPTER B. POWER OF ATTORNEY FOR MEDICAL CARE AND EDUCATION OF
17	17	CHILD
18	18	Sec. 151.051. EFFECT OF POWER OF ATTORNEY. A power of
19	19	attorney under this subchapter is effective only if:
20	20	(1) at least one parent of a child has executed a power
21	21	of attorney for the medical care and education of the child; and
22	22	(2) neither parent is able to make decisions regarding
23	23	the care of the parent's child, including a situation in which
24	24	neither parent can be reached.
25	25	Sec. 151.052. AUTHORIZATION FOR POWER OF ATTORNEY FOR
26	26	MEDICAL CARE AND EDUCATION OF CHILD. A person may execute a power
27	27	of attorney appointing another person as the person's agent to make
28	28	decisions regarding the medical care and education of the person's
29	29	child.
30	30	Sec. 151.053. FORM. (a) A power of attorney for the
31	31	medical care and education of a child must be in substantially the
32	32	following form:
33	33	POWER OF ATTORNEY FOR THE MEDICAL CARE AND EDUCATION OF A CHILD
34	34	Part I: To be filled out and/or initialed by parent(s).
35	35	Minor Child's Name_________________________________
36	36	Mother/Legal Guardian's Name & Address
37	37	______________________________
38	38	______________________________
39	39	______________________________
40	40	Father/Legal Guardian's Name & Address
41	41	______________________________
42	42	______________________________
43	43	______________________________
44	44	Caregiver's Name & Address
45	45	______________________________
46	46	______________________________
47	47	______________________________
48	48	(check one of the following)
49	49	(____) Both parents are living and have signed this
50	50	document;
51	51	(____) One parent is deceased;
52	52	(____) The parent-child relationship has been
53	53	terminated for one of the parents;
54	54	(____) The decision-making authority of one parent has
55	55	been limited by a court order;
56	56	(____) One parent is the sole managing conservator of
57	57	the minor child and has sent a copy of this document, by certified
58	58	mail, return receipt requested, to the other parent at that
59	59	parent's last known address; or
60	60	(____) The other parent has not consented to the
61	61	appointment or consent cannot be obtained because
62	62	______________________________.
63	63	Temporary care-giving authority regarding the minor child
64	64	will be given to the caregiver during the period of the following
65	65	type(s) of hardship (check at least one):
66	66	(____) the serious illness or incarceration of a parent
67	67	or legal guardian;
68	68	(____) the physical or mental condition of the parent
69	69	or legal guardian or the child is such that care and supervision of
70	70	the child cannot be provided;
71	71	(____) the need for medical or mental health treatment
72	72	(including substance abuse treatment) by the parent or legal
73	73	guardian;
74	74	(____) the military deployment of the parent or legal
75	75	guardian; or
76	76	(____) other (please describe)
77	77	__________________________________________________, at a time
78	78	when the other parent or legal guardian, if applicable, is unable to
79	79	care for the child.
80	80	(____) I/We the undersigned, authorize the named caregiver
81	81	to do one or more of the following (check as appropriate):
82	82	(_____) enroll the child in school and extracurricular
83	83	activities;
84	84	(_____) obtain medical, dental, and mental health
85	85	treatment for the child; and
86	86	(_____) provide for the child's food, lodging, housing,
87	87	recreation, and travel.
88	88	(____) I/We grant the following additional powers to the
89	89	named caregiver:___________________________________________.
90	90	(____) I/We understand that this document does not provide
91	91	legal custody to the caregiver. If at any time I/we disagree with a
92	92	decision of the named caregiver or choose to make any health care or
93	93	educational decisions for my/our child, I/we must revoke the power
94	94	of attorney, in writing, and provide written documentation to the
95	95	health care provider and the local education agency (i.e., school).
96	96	(____) I/We understand that this document may be terminated
97	97	by another written document signed by either parent with legal
98	98	authority or by any order of a court with competent jurisdiction.
99	99	Part II: To be initialed by caregiver as applicable.
100	100	(____) I understand that this document, properly executed,
101	101	gives me the right to enroll the minor child in the local education
102	102	agency serving the area where I reside.
103	103	(____) I understand that this document does not provide me
104	104	with legal custody of the minor child.
105	105	(____) I understand that, prior to enrollment, the local
106	106	education agency may require documentation of the minor child's
107	107	residence with a caregiver and/or documentation or other
108	108	verification of the validity of the stated hardship.
109	109	(____) I understand that, except to the extent limited by
110	110	federal law, I shall be assigned the rights, duties, and
111	111	responsibilities that would otherwise be assigned to the parent,
112	112	legal guardian, or legal custodian of the minor child.
113	113	(____) I understand that if the minor child ceases to reside
114	114	with me, I am required by law to notify any person, school, or
115	115	health care provider to whom I have given this document.
116	116	I/We declare under penalty of perjury under the laws of the
117	117	State of Texas that the foregoing is true and correct.
118	118	Signed this ___ day of __________, 20__.
119	119	______________________________
120	120	Mother/Legal Guardian
121	121	The Mother/Legal Guardian, ______________________,
122	122	personally appeared before me this _____ day of ____________, 20__.
123	123	______________________________
124	124	Notary Public in and for the State of Texas
125	125	My commission expires: ___________________
126	126	Signed this ___ day of __________, 20__.
127	127	______________________________
128	128	Father/Legal Guardian
129	129	The Father/Legal Guardian, ______________________,
130	130	personally appeared before me this _____ day of ____________, 20__.
131	131	______________________________
132	132	Notary Public in and for the State of Texas
133	133	My commission expires: ___________________
134	134	Signed this ___ day of __________, 20__.
135	135	______________________________
136	136	Caregiver
137	137	The Caregiver, ______________________, personally appeared
138	138	before me this _____ day of ____________, 20__.
139	139	______________________________
140	140	Notary Public in and for the State of Texas
141	141	My commission expires: ___________________
142	142	NOTICE TO THE LOCAL EDUCATION AGENCY AND/OR HEALTH CARE
143	143	PROVIDER: No person, school official, or health care provider who
144	144	acts in good faith reliance on a power of attorney for care of a
145	145	minor child to enroll the child in school or to provide medical,
146	146	dental, or mental health care, without actual knowledge of facts
147	147	contrary to those authorized, is subject to criminal or civil
148	148	liability to any person, or is subject to professional disciplinary
149	149	action for such reliance. This immunity applies even if medical,
150	150	dental, or mental health care is provided to a minor child or the
151	151	child is enrolled in a school in contravention of the wishes of the
152	152	child's parent, if the person, school official, or health care
153	153	provider has been provided a copy of an appropriately executed
154	154	power of attorney for care of the minor child and has not been
155	155	provided written documentation that the parent has revoked the
156	156	power of attorney for care of the minor child. Nothing in this
157	157	document relieves any individual from liability for a violation of
158	158	any other law.
159	159	(b) A power of attorney for the medical care and education
160	160	of a child is legally sufficient under this chapter if the wording
161	161	of the form complies substantially with Subsection (a), the form is
162	162	properly completed, and the signatures of the parent or parents, as
163	163	applicable, and the caregiver are acknowledged.
164	164	Sec. 151.054. TERMINATION OF AGENT'S AUTHORITY. (a) The
165	165	authority of an agent appointed in a power of attorney for the
166	166	medical care and education of a child executed by the child's parent
167	167	or parents terminates:
168	168	(1) on the appointment and qualification of a guardian
169	169	of the person appointed for the child under Chapter XIII, Texas
170	170	Probate Code; or
171	171	(2) on revocation of the power of attorney by either
172	172	parent who executed the power of attorney.
173	173	(b) An agent's authority with regard to a child under a
174	174	power of attorney is terminated if a parent of the child who did not
175	175	execute the power of attorney presents to the court evidence that
176	176	the parent is able to make decisions regarding the care of the
177	177	child.
178	178	Sec. 151.055. USE OF POWER OF ATTORNEY IN APPOINTING
179	179	GUARDIAN OF THE PERSON FOR CHILD. (a) A power of attorney for the
180	180	medical care and education of a child executed under this
181	181	subchapter is not considered a written declaration of appointment
182	182	of a guardian authorized by Section 676(d), Texas Probate Code.
183	183	(b) If a person who executes a power of attorney for the
184	184	medical care and education of a child under this subchapter does not
185	185	execute a written declaration of appointment of a guardian
186	186	authorized by Section 676(d), Texas Probate Code, and an
187	187	application for the appointment of a guardian of the person for the
188	188	child is pending under Chapter XIII, Texas Probate Code, the court
189	189	may consider the person appointed as the agent under the power of
190	190	attorney for the medical care and education of a child in appointing
191	191	a qualified person to serve as guardian of the person for the child
192	192	under Section 676(c), Texas Probate Code.
193	193	SECTION 3. This Act takes effect September 1, 2009.