Tex. Est. Code § 1104.202 · Subchapter E. WRITTEN DECLARATION TO DESIGNATE GUARDIAN BEFORE NEED ARISES
DESIGNATION OF GUARDIAN FOR DECLARANT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person other than an incapacitated person may designate by declaration a person to serve as guardian of the person or estate of the declarant if the declarant becomes incapacitated. The court shall appoint the person designated in the declaration to serve as guardian in preference to any other person otherwise entitled to serve as guardian under this title, unless the court finds that the person designated to serve as guardian:
(1) is disqualified; or
(2) would not serve the ward's best interests.
(b) A declarant may, in the declaration, disqualify a named person from serving as guardian of the declarant's person or estate. The court may not under any circumstances appoint as guardian a person named under this subsection.
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 d89c44fbb8782bf7a880b97dfce679bfd31ea78bdd63c3e65c8ab56e1f30e84d
- 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
Cited by 3 provisions
Provisions in this library whose text cites Tex. Est. Code § 1104.202. Each shows the citation as that text prints it.
Estates Code
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.