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Wills and Related Documents

Guardianship

What Is a Declaration of Guardianship?

The declaration of guardianship allows you to designate someone you trust to take charge of you and/or your property in the event you become incapacitated and the court needs to appoint a guardian. This document gives you the freedom to choose who that guardian would be.

Basics of Executing a Declaration of Guardianship

Texas law allows any competent adult to designate by written declaration a person(s) to serve as the guardian of the adult and/or estate of the adult if the adult becomes incapacitated. In addition, a competent adult may expressly disqualify by written declaration anyone they don’t want serving as guardian of the person and/or estate of the competent adult.

Unless the court finds that the person designated in the declaration to serve as guardian is disqualified or wouldn’t serve in the best interests of the ward, the court shall appoint this person as guardian in preference to anyone otherwise entitled to serve as guardian.

Declarations of guardianship must be signed by the declarant in the presence of two credible witnesses 14 years of age or older who are not named as guardian or alternate guardian in the declaration. If the declaration is self-proved, the court may admit the declaration into evidence without the testimony of the witnesses attesting to the competency of the declarant and the execution of the declaration.

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