Hammerle Finley Law Firm on Authorization Agreements – LIVING WELL Magazine

Authorization Agreement

By Virginia Hammerle and Craig Fowler, Hammerle Finley Law Firm, Denton LIVING WELL Magazine

Sometimes the Texas Legislature gets it right.

You need look no further than the recent law with the unwieldy name of “Authorization Agreement for Nonparent Relative.”    What a benefit for parents, grandparents and children.

The law provides that a parent can essentially delegate legal care of a child to a relative, without going through an expensive and cumbersome court action. Sign a simple agreement, and the relative has authority to care for the child.

Some of decisions that can be delegated: authorizing medical, dental, psychological or surgical treatment; obtaining health insurance for the child, enrolling the child in school or day care, authorizing participation in age appropriate extracurricular activities, authorizing the issuance of a driver’s license or identification card and applying for and receiving public benefits on behalf of the child.

Until recently, it was necessary for the relative to petition a district court to be given legal custody of the child, and granted certain rights of a parent in order to be authorized to make those and other decisions of legal consequence concerning the child. If the parents were divorced, this petition had to be filed with the court that granted the divorce and established primary custody. If the parents were never married, a suit affecting the parent child relationship had to be filed. All of these proceedings involved the hiring of an attorney, payment of court costs, attending a court hearing and having a proper order signed by a judge.

The Texas Family Code was amended in 2009 to provide for a child’s parent or parents to enter into an agreement with a grandparent, adult sibling or an adult aunt or uncle of the child authorizing the relative to perform certain acts. These provisions are intended for situations in which a child is living with others because neither parent is able to care for the child. It is also available in situations where the parent or parents need to relocate but are unable to take the child with them. This authorization is not valid, however, if there are court proceedings involving the child already pending

There are a number of provisions that must be included in the agreement, including a statement by the parent that establishes the circumstances under which the authorization agreement expires, and it must be signed and sworn to before a notary public.

If both parents did not sign the authorization agreement, the parties must mail a copy of the signed agreement to the parent who did not sign the agreement within 10 days after the agreement was signed, unless that parent’s rights have been terminated. The authorization agreement is void if the parties fail to comply with this requirement. The authorization agreement does not affect the parental rights of the child’s parent or legal guardian regarding the care, custody and control of the child; and does not mean that the relative has legal custody of the child. If both parents have signed the agreement, either one may revoke it without the other parent’s consent.

An authorization agreement isn’t appropriate for every situation – but it is a wonderful tool for the right situation. Let’s hope that the 2011 Legislature hits more of these types of home runs.

Attorneys Virginia Hammerle, vnh@hammerle.com, and retired District Judge Craig Fowler, cmf@hammerle.com, are Board Certified by the Texas Board of Legal Specialization and members of Hammerle Finley Law Firm. For more information, see their website at www.Hammerle.com.