[TX] How do I get power of attorney for my niece whose mother lives in a different state?
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A Texas Childcare Power of Attorney can work as long as it’s properly executed (Texas Family Code, Chapter 34). Your sister must sign and notarize it, and it should clearly give you authority for school enrollment, medical care, and general welfare. Schools and insurers sometimes ask for notarized or certified copies. You may also need an affidavit of residency (§25.002).
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My niece lives in Florida with my sister and they do not get along. It’s been a constant battle for years. I’m now in a position to take care of my niece, and my sister is willingly giving her over. She turns 18 in January 2027, so it’s only about a year and 2 months. Will this form cover everything I need to care for her in that time?
Have you discussed legal guardianship or custody with your sister?
Yes.
Do you already have a specific document in mind?
Texas Childcare Power of Attorney.
Anything else the lawyer should know?
Not that I can think of.
Has your sister signed or notarized the Texas Childcare Power of Attorney? And has your niece’s school or doctor in Florida accepted it?
My niece lives in Florida but I live in Texas. She would be moving here. My sister hasn’t signed anything yet—she wants to know what she needs to sign to give me authority for the next year and 2 months. I found the form online and want to know if it will work.
Thank you. Are there specific responsibilities you want authority over—school, medical decisions, insurance?
Mainly enrolling her in school and putting her on my insurance for medical and dental.
Great. I can answer now—anything else?
No, I just want to care for my niece as much as possible.
A Texas Childcare Power of Attorney can work as long as it’s properly executed (Texas Family Code, Chapter 34). Your sister must sign and notarize it, and it should clearly give you authority for school enrollment, medical care, and general welfare. Schools and insurers sometimes ask for notarized or certified copies. You may also need an affidavit of residency (§25.002).
What do you mean by “certified copy”?
It’s a copy made and stamped by a courthouse or notary verifying it matches the original.
How many certified copies should I get?
Three is safe.
So she just prints it, fills it out, notarizes it, and I’m good? Do I need to redo it after a year?
Yes. It’s valid for one year, so you’ll renew it once to cover the last two months before she turns 18.
Will a Florida notary work?
Yes. A notary just verifies her identity. It doesn’t matter that the form is for Texas.
Will this let me add my niece to my insurance?
It should. Insurance may ask for the notarized form and possibly a residency or guardianship affidavit.
Thank you. Is there a way to reach you directly?
Unfortunately, no, but we’re always here to help when you need us.
Thank you.
You’re welcome!
