Tex. Est. Code § 1105.051 · Subchapter B. OATHS AND DECLARATIONS
OATH OR DECLARATION OF GUARDIAN.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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).
(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).
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 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 28, eff. September 1, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1105.htm
- Text hash
- sha256 6b7eaf8d710cec0b29b48a210784f8c3e857141ba763b8a661e8507765431838
- 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 § 1105.051. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 1103.003EFFECTIVE DATE OF GUARDIANSHIP.Printed as Section 1105.051
- Tex. Est. Code § 1105.002MANNER OF QUALIFICATION OF GUARDIAN.Printed as Section 1105.051
- Tex. Est. Code § 1105.052ADMINISTRATION OF OATH OR MAKING OF DECLARATION.Printed as Section 1105.051
- Tex. Est. Code § 1105.103BOND REQUIRED FROM GUARDIAN OTHERWISE EXEMPT.Printed as Section 1105.051
- Tex. Est. Code § 1251.101AUTHORITY OF TEMPORARY GUARDIAN.Printed as Section 1105.051
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.