Tex. Est. Code § 1104.152 · Subchapter D. WRITTEN DECLARATION BY CERTAIN PARENTS TO APPOINT GUARDIAN FOR THEIR CHILDREN
REQUIREMENTS FOR DECLARATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
(c) A declaration described by Subsection (a)(2) may have attached a self-proving affidavit signed by the declarant and the witnesses attesting to:
(1) the competence of the declarant; and
(2) the execution of the declaration.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1104.htm
- Text hash
- sha256 e90bab1c9adeaa08618ea6d45c46931371791f3a1fa25803f2635c5fa0868d36
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 4 provisions
Provisions in this library whose text cites Tex. Est. Code § 1104.152. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 1104.151DEFINITIONS.Printed as Sections 1104.152, 1104.153, 1104.154, 1104.156, 1104.159, and 1104.160
- Tex. Est. Code § 1104.155ALTERNATE SELF-PROVING OF DECLARATION.Printed as Section 1104.152(a)(1)
- Tex. Est. Code § 1104.157PROOF OF DECLARATION.Printed as Section 1104.152(a)(1) | Section 1104.152(a)(2)
- Tex. Est. Code § 1104.158PRIMA FACIE EVIDENCE.Printed as Section 1104.152(c)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.