Legal Question in Family Law in Texas
Year ago I gave my mother power of attorney for my children. I went to prison and while in prison I made another power of attorney for my children but I gave
my daughter power of attorney for my kids. I want to
know which of the two is valid?
A
1 Answer from Attorneys
Probably neither. You cannot grant a guardianship or a conservatorship with a power of attorney. There is a new chapter in the Texas Family Code that allows parents to allocate some rights as to their children to certain relatives, but you must follow the code precisely. What about the other parent? Does he or she agree? They have to have notice and might try to change what you are doing or even attempt to get primary conservatorship themselves. You should talk to a family law attorney about your options.