Thursday, September 10, 2009
Non-Parent Relative Authorization Agreements
Chapter 34 of the TX Family Code authorizes a parent to allow a grandparent, adult sibling or adult aunt or uncle to make certain decisions. Some of the rights that can be delegated to the non-parent relative include consenting to medical care for the minor child, obtaining health insurance, enrolling the child in school, consenting to extra-cirricular activities and allowing the child to obtain a learner's driving permit. This statue became effective 6/19/09. It allows one parent to do this without consulting with the other parent. However, is there is a pending Suit Affecting the Parent-Child Relationship (aka SAPCR) or a previous SAPCR order in effect, the agreement must be authorized by the court. This change should keep attorneys busy. I predict that a parent will sign the document to a relative and when the other parent finds out, they will be running to an attorney's office to limit a non-parent making parental decisions.