Tex. Est. Code § 1104.203 · Subchapter E. WRITTEN DECLARATION TO DESIGNATE GUARDIAN BEFORE NEED ARISES
REQUIREMENTS FOR DECLARATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Subsection (a-1), a declaration under this subchapter 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.
(a-1) If the declaration does not expressly disqualify any individual from serving as guardian of the declarant's person or estate, the declaration must be signed by the declarant and may be acknowledged by a notary public instead of being attested to in the declarant's presence by witnesses as required by Subsection (a)(2).
(b) Notwithstanding Subsection (a) or (a-1), 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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 298 (S.B. 511), Sec. 1, eff. September 1, 2017.
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 d79c06f8d3c9e31d32329700a96149723837d87d5dde863432217b3344e02343
- 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 5 provisions
Provisions in this library whose text cites Tex. Est. Code § 1104.203. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 1104.201DEFINITIONS.Printed as Sections 1104.202, 1104.203, 1104.204, 1104.205, 1104.207, 1104.210, 1104.211, and 1104.212
- Tex. Est. Code § 1104.204FORM AND CONTENT OF DECLARATION AND SELF-PROVING AFFIDAVIT.Printed as Section 1104.203
- Tex. Est. Code § 1104.206ALTERNATE SELF-PROVING OF DECLARATION.Printed as Section 1104.203(a)(1)
- Tex. Est. Code § 1104.208PROOF OF DECLARATION.Printed as Section 1104.203(a)(1) | Section 1104.203(a)(2)
- Tex. Est. Code § 1104.209PRIMA FACIE EVIDENCE.Printed as Section 1104.203(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.