Texas Estates Code

§ 1104.152 — REQUIREMENTS FOR DECLARATION

ES § 1104.152Title 3. GUARDIANSHIP AND RELATED PROCEDURES · Part D. CREATION OF GUARDIANSHIP · Ch. 1104. SELECTION OF AND ELIGIBILITY TO SERVE AS GUARDIAN · Art. D. WRITTEN DECLARATION BY CERTAIN PARENTS TO APPOINT GUARDIAN FOR THEIR CHILDREN

Statute text

View on source

(a)A declaration appointing an eligible person to be guardian of the person of a parent's child under Section 1104.053(a) or 1104.103(a) must be signed by the declarant and be:

(1)written wholly in the declarant's handwriting; or

(2)attested to in the declarant's presence by at least two credible witnesses who are:

(A)14 years of age or older; and

(B)not named as guardian or alternate guardian in the declaration.

(b)Notwithstanding Subsection (a), a declaration that is not written wholly in the declarant's handwriting may be signed by another person for the declarant under the direction of and in the presence of the declarant.

…

Legislative history

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.