Can I create a minor power of attorney for my child for two different states?
I would like my parent to have power of attorney over my son so the local law enforcement can turn him over to my parents. I want to create a power of attorney for both of them out of Texas and Arizona.
13
3
The short answer? Yes, you can do it, but you’ll need to execute two valid POAs (one for each state), and make sure they align with each state's rules.
The long answer:
You can create a minor POA for your parents.
The law that covers this is the U.S. Constitution’s Full Faith and Credit Clause. This requires states to recognize legal documents from other states, but…
Each state has its own POA requirements.
You will need one POA written to Arizona law, and one written to Texas law.
Arizona:
- Allows temporary POA for a child up to 6 months.
Texas:
- Allows temporary authorization for care under Texas Family Code § 34.002, including medical and educational care.
POA helps with practical actions (doctor visits, school, emergencies) but does not change custody.
Upvote if this is a clear answer
Downvote if this is not a clear answer
Create DocumentFull Conversation
Can you create a minor power of attorney for 2 states for the same child?
I understand that navigating legal documents for your child can be challenging. Which two states are you looking to create the minor power of attorney for?
Arizona and Texas.
Is this power of attorney intended for a specific purpose, such as medical decisions or educational matters?
No, just medical and temporary.
Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with your power of attorney needs for Arizona and Texas.
Guardianship.
Hello! My name is Michael, and I'm an attorney ready to help! Your responses matter to me, so I only need a few minutes to review and respond to each of your posts. Are you the parent or the attorney-in-fact?
Hi, I currently reside in Arizona with my son. His mother refuses to give back my son from Texas and now I’m going through the courts to get him back. I have to go back to Arizona tomorrow so I can sign the final document.
I would like my parent to have power of attorney over my son so the local law enforcement can turn him over to my parents. I want to create a power of attorney for both of them out of Texas and Arizona.
Ok, thank you so much for including that! If I may clarify, are you looking to give power of attorney to someone else?
Just to my parents so law enforcement can turn over my son to them. Since I will be back in Arizona at that time.
The short answer? Yes, you can do it, but you’ll need to execute two valid POAs (one for each state), and make sure they align with each state's rules.
The long answer:
You can create a minor POA for your parents.
The law that covers this is the U.S. Constitution’s Full Faith and Credit Clause. This requires states to recognize legal documents from other states, but…
Each state has its own POA requirements.
You will need one POA written to Arizona law, and one written to Texas law.
Arizona:
- Allows temporary POA for a child up to 6 months.
Texas:
- Allows temporary authorization for care under Texas Family Code § 34.002, including medical and educational care.
POA helps with practical actions (doctor visits, school, emergencies) but does not change custody.
I appreciate it!
