Texas Estates Code 1105.051 – Oath or Declaration of Guardian
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(a) A guardian shall:
(1) take an oath to discharge faithfully the duties of guardian for the person or estate, or both, of a ward; or
(2) make a declaration as prescribed by Subsection (d).
(b) If the Health and Human Services Commission is appointed guardian, a commission representative shall take the oath or make the declaration required by Subsection (a).
Terms Used In Texas Estates Code 1105.051
- 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.
- Oath: includes affirmation. See Texas Government Code 311.005
- Oath: A promise to tell the truth.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Swear: includes affirm. See Texas Government Code 311.005
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
(c) An oath taken by a person named as guardian or temporary guardian, as applicable, must be substantially as follows:
I, __________ (insert person’s name), do solemnly swear that I will discharge faithfully the duties of guardian of __________ (insert “the person,” “the estate,” or “the person and estate”) of __________ (insert ward’s name), an incapacitated person, according to law.
(d) A declaration made by a person named as guardian or temporary guardian, as applicable, must be substantially as follows:
My name is _______ (insert person’s name), my date of birth is __________ (insert person’s date of birth), and my address is __________ (insert person’s address, including country). I declare under penalty of perjury that the information in this declaration is true and correct. I solemnly declare that I will discharge faithfully the duties of __________ (insert “guardian” or “temporary guardian,” as applicable) of __________ (insert “the person,” “the estate,” or “the person and estate”) of __________ (insert ward’s name), an incapacitated person, according to law. Signed on __________ (insert date of signing).