Texas Estates Code 1104.204 – Form and Content of Declaration and Self-Proving Affidavit
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(a) A declaration and affidavit may be in any form adequate to clearly indicate the declarant’s intention to designate a guardian.
(b) The following form may be used but is not required to be used:
DECLARATION OF GUARDIAN
IN THE EVENT OF LATER INCAPACITY OR NEED OF GUARDIAN
Terms Used In Texas Estates Code 1104.204
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
I, __________, make this Declaration of Guardian, to operate if the need for a guardian for me later arises.
1. I designate __________ to serve as guardian of my person, __________ as first alternate guardian of my person, __________ as second alternate guardian of my person, and __________ as third alternate guardian of my person.
2. I designate __________ to serve as guardian of my estate, __________ as first alternate guardian of my estate, __________ as second alternate guardian of my estate, and __________ as third alternate guardian of my estate.
3. If any guardian or alternate guardian dies, does not qualify, or resigns, the next named alternate guardian becomes my guardian.
4. I expressly disqualify the following persons from serving as guardian of my person: __________, __________, and __________.
5. I expressly disqualify the following persons from serving as guardian of my estate: __________, __________, and __________.
Signed this ___ day of __________, 20__.